QUESTION 1  

The first step in filing a lawsuit requires giving notice to the court and the parties to the lawsuit. This is done by filing what pleading document?

• The Motion to Dismiss

• The Answer

• The Complaint

• Motion for jurisdiction in personam

QUESTION 2  

The most common way for a complaint to be dismissed is because it fails to ____.

• include a jurisdictional amount

• achieve substituted service

• maximize its in personam jurisdiction

• state a cause of action.

QUESTION 3  

After a party is served with a complaint she or she can file either a

• motion to dismiss or an answer

• default request or a judgment

• notice of non service or substituted service

• rejection or a responsive pleading

QUESTION 4  

The purpose of the answer is to give notice to the plaintiff of the defenses that may be raised in court.

• True  

• False  

QUESTION 5  

Written answers to questions presented by a party to another party is the discovery tool of Deposition.

• True  

• False  

QUESTION 6  

The process by which jurors are chosen is called ____

• burden of proof

• jnov

• voir dire

• peremptory challenge

QUESTION 7  

The type of claim a defendant may sometimes file when being sued is a _____.

QUESTION 8  

Match the best response to each tool used for discovery of evidence.

• Deposition

• Requests for Documents

• Requests for Admissions

• Interrogatories

A. written questions and answers to questions under oath

B. Responses to questions such as "Did you own the car you were driving at the time of the accident"?

C. tax records, insurance statements, medical records are examples of this type of discovery

D. verbal questions and answers under oath

QUESTION 9  

If at the conclusion of discovery, upon the motion of either or both party, the court determines that there is no need for a trial because there is no substantial issue of material fact for the fact finder to determine. The court will grant a judgement subject to a motion for_____.

• Protective Order

• Compel new evidence

• Summary Judgment

• writ of certiorari

QUESTION 10  

Beyond a reasonable doubt is the burden of proof a plaintiff must prove to win a lawsuit.

• True  

• False  

QUESTION 11  

The standard of proof in a civil case is best represented by a glass that is just a bit more than half full.

• True  

• False  

QUESTION 12  

Although rare, a judge can throw out a jury's verdict if he or she feels that the jury is clearly wrong and the decision is not based on the evidence presented. This is known as a ____.  

• J.V.O.N.

• Prejudgement Verdict

• Judgment notwithstanding the Verdict.

• Directed Verdict

QUESTION 13  

If there is a major defect in the procedure or the jurors are deadlocked, a judge may declare a _____.

• mistrial

• hearing on judicial notice

• summary judgement

• verdict.

QUESTION 14  

A trial without a jury is called _____

• a mistrial

• case-in-chief

• a bench trial

• a bifurcated trial

QUESTION 15  

A summary judgement motion can only be made by the defendant.

• True  

• False  

QUESTION 16  

A complaint that fails to state a cause of action may be dismissed.

• True  

• False  

QUESTION 17  

A list of facts that is provided to the other side in a lawsuit to admit or deny is called _____

• interrogatories

• affirmative defenses

• cross examination

• request for admissions

QUESTION 18  

Lawyers have unlimited challenges for cause when selecting qualifying jurors.

• True  

• False  

QUESTION 19  

The role of the jury is to decide questions of law at the trial.

• True  

• False  

QUESTION 20  

In some situations, after a jury has decided the case, a judge may disregard the verdict and enter into the record a _______

• motion for a J.N.O.V.

• directed verdict

• res judicata

• pre-trial hearing