603 Test 1

Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, and the car crashes. Woo is seriously injured. He retains the law firm of Kraft and Molina, and they file a lawsuit claiming damages for these injuries. If the lawsuit is not settled, the parties will proceed to trial.

True

1 out of 1 points Only original documents can be produced.

False

How is evidence in the possession or control of the opposing party normally obtained?

b. Through the proper discovery process

A tickler system is ________.

b. a calendaring system

A type of answer that challenges all of the allegations in a complaint is a ________ denial.

b. general

The individual who places a deponent under oath is ________.

b. the court reporter

Claim statutes commonly apply when ________.

b. the defendant in a lawsuit is a governmental entity

s with the work product privilege include ________.

c. Both a and b.

The role of the appellate court includes ________.

c. determining if any legal errors occurred at the trial level

Andrews and Bates have a written contract in which Bates promises to sell Andrews a piece of real estate. Bates refuses to complete the transaction. Andrews sues Bates for specific performance, asking the court to order Bates to complete the sale. This action is for ________.

c. equitable relief

A motion in which the moving party claims that the pleadings themselves indicate that no controverted issues exist and that judgment can be entered for only one party is known as a ________.

c. motion for judgment on the pleadings

Reasons for allowing physical and mental examinations are ________.

d. All of these choices.

Requests for admission may include a request to admit ________.

d. All of these choices.

When presented with a proposed order for granting a motion for a compulsory examination, the judge may ________.

d. All of these choices.

Which of the following is generally required for a motion?

d. All of these choices.

The existence of a cause of action .

d. is all of the above

An affidavit in support of a motion is always made by the moving party or the attorney for the moving party.

False

The doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuits.

False

The request for admission is limited to facts and opinions.

False

Venue is a type of jurisdiction.

False

Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, and the car crashes. Woo is seriously injured. He retains the law firm of Kraft and Molina, and they file a lawsuit claiming damages for these injuries. Before filing a lawsuit, the parties are required to arbitrate their dispute.

False

Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, and the car crashes. Woo is seriously injured. He retains the law firm of Kraft and Molina, and they file a lawsuit claiming damages for these injuries. Litigation formally begins when Woo retains Kraft and Molina.

False

Technical rules regarding form and content of pleadings are often found in ________.

NOT b. form books

A state always has jurisdiction over a defendant in a lawsuit if ________.

NOT d. Both b and c.

A complaint usually contains allegations showing that the court in which the action is filed has both jurisdiction and venue.

True

A judicial notice allows a court to find that certain facts are true without the parties presenting evidence of the fact.

True

A party has 30 days to answer interrogatories, unless the interrogatories are served with the complaint.

True

A third-party complaint, unlike the cross-claim and counterclaim, is a separate pleading.

True

An amendment to the Federal Rules of Civil Procedure limits the amount of time that can be spent on a single deposition to a single day and a maximum of seven hours.

True

An efficient tickler system is essential for keeping track of time limitations on cases.

True

Copies of a client's medical records can be obtained with a written release signed by the client.

True

Courts generally take a liberal attitude in determining the legal sufficiency of pleadings.

True

Demeanor refers to the appearance of a witness and is an important factor in determining the credibility of that witness.

True

If the defendant has an affirmative defense to a claim, it must be alleged in the answer or it may be deemed waived.

True

In federal court, a stipulation enlarging time in which to respond to a complaint must be approved by the court.

True

In some courts, the hearing on a motion can be handled through a telephone call rather than an actual appearance in court.

True

In some instances the first pleading filed in a lawsuit is called a petition.

True

Interrogatories are best used at an early stage in the discovery process to help an attorney determine what documents are available for a later document production request.

True

One of the primary objectives of discovery is to prevent one of the parties from winning the lawsuit by surprise or trickery.

True

Service of moving papers in support of a motion is evidenced by a certificate of mailing.

True

The Federal Rules require sequential numbering throughout all sets of interrogatories.

True

The court will decide that good cause exists to order a physical or mental examination only if the same information cannot be found in any other way.

True

The fee arrangement between a client and an attorney should be settled and put in writing at the initial client interview.

True

The most common method of resolving civil disputes is settlement.

True

The request for admission may be used to authenticate the genuineness of a document.

True

The rules of civil procedure differ substantially from the rules of criminal procedure.

True

Interrogatories need not be answered under oath.

False

Rule 502 of the Federal Rules of Evidence is designed to protect only the unintentional waiver of the attorney-client privilege during document production.

False

Rules and procedures of civil litigation are the same from state to state.

False

Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue. If the accident happened in Oklahoma, the state courts of Oklahoma could not exercise personal jurisdiction over Jackson because he is not a citizen of that state.

False

If agreement for a mental or physical examination cannot be reached, ________.

a. a formal motion for a compulsory examination will be necessary

The part of a complaint or petition that identifies the parties to the lawsuit is known as the ________.

a. caption

Statutes of limitation are generally found in ________.

a. codes

A claim by a defendant against a plaintiff in a federal court action is known as a ________.

a. counterclaim

In a federal case, trials generally occur in the ________.

a. district court

The attorney may not ask the deponent questions that could reasonably lead to the discovery of admissible evidence.

False

The courts in the United States provide the same level of security for ESI as afforded by the European Union.

False

Proper venue in a federal action based on diversity of citizenship can be determined by ________.

a. either the defendant's residence or the place where the cause of action arose

A deposition is the ________.

a. oral testimony of a witness or party given under oath, outside the courtroom

Factual disputes are generally resolved in a(n) ________ court.

a. trial