Multiple Choice Answers

1. The focus in civil litigation is to
A. punish the wrongdoer.
B. compensate the victim.
C. deter future wrongdoing.
D. win punitive damages.

2. An attorney is trying a criminal case, but isn’t sure what level of burden is required in criminal court. Which one of the following does the attorney have to meet?
A. Preponderance of the evidence
B. Beyond a reasonable doubt
C. Clear and convincing evidence
D. Innocent until proven guilty

3. Which one of the following is acquired by serving a summons and complaint upon a defendant?
A. Personal jurisdiction
B. Removal jurisdiction
C. Concurrent jurisdiction
D. Limited jurisdiction

4. Attorneys and paralegals should begin identifying potential claims and defenses during the
A. initial interview.
B. trial.
C. appeal.
D. settlement.

5. Evidence is competent if
A. it’s based on a strongly held opinion.
B. it’s common knowledge.
C. it consists of sensory observation.
D. it’s believable to the jury.

6. Which one of the following choices introduces new matter that causes the plaintiff to lose even if the factual allegations of the complaint are true?
A. Affirmative defense
B. Ex parte motion
C. In rem jurisdiction
D. Supersedeas bond

7. Notice of a motion must be given to opposing counsel in all cases except a/an
A. motion for temporary orders.
B. motion to amend pleadings.
C. ex parte motion.
D. Notice to opposing counsel is always required.

8. Which one of the following would be the best method of obtaining judgment from a debtor who works but doesn’t own any assets?
A. Writ of execution
B. Judgment lien
C. Garnishment
D. Receivership

9. Which one of the following choices is a voluntary alternative dispute resolution?
A. Arbitration
B. Pleading
C. Injunction
D. Mediation

10. A claim is filed by the defendant against the plaintiff. Attorney A says that the defendant has filed a counterclaim. Attorney B says the defendant has filed a cross-claim. Which one of the attorneys is correct?
A. Attorney
B. Attorney
C. Neither attorney
D. Both attorneys