Civil Litigation

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Exam Number: 008039RR
Lesson Name: Civil Litigation

1. Both a lay witness and an expert witness…
1. Both a lay witness and an expert witness can give opinions under certain
circumstances. A lay witness can give opinions concerning only
A. settlement negotiations.
B. observations that don’t require expertise.
C. communications that are privileged.
D. the witness’s state of mind.
Question 2 of 20 : Select the best answer for the question.
2. Which one of the following is acquired by serving a summons and
complaint upon a defendant?
A. Limited jurisdiction
B. Personal jurisdiction
C. Removal jurisdiction
D. Concurrent jurisdiction
Question 3 of 20 : Select the best answer for the question.
3. 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. Supersedeas bond
B. In rem jurisdiction
C. Ex parte motion
D. Affirmative defense
Question 4 of 20 : Select the best answer for the question.
4. Suppose a judge made errors during a trial. Although the outcome
probably would have been the same if the errors hadn’t occurred, a party
wants to appeal. What is the most likely outcome?
A. The party would win the appeal because any mistakes made are in opposition to the innocent
until proven guilty guarantee.
B. The decision would be reversed because the mistake is a question of fact.
C. The decision wouldn’t be reversed because the error must be important enough to change the
outcome of the case.
D. The judge would be investigated for a miscarriage of justice.
Question 5 of 20 : Select the best answer for the question.
5. Suppose a state and federal court both have subject matter jurisdiction
over a case. The federal court then transfers the case from the state court
to federal court. Which two types of jurisdiction are described in this
example?
A. Concurrent jurisdiction and removal jurisdiction
B. Limited jurisdiction and supplemental jurisdiction
C. Personal jurisdiction and in rem jurisdiction
D. Exclusive jurisdiction and general jurisdiction
Question 6 of 20 : Select the best answer for the question.
6. Attorneys and paralegals should begin identifying potential claims
and defenses during the
A. trial.
B. initial interview.
C. appeal.
D. settlement.
Question 7 of 20 : Select the best answer for the question.
7. Which of the following would be a valid reason to overturn an
arbitrator’s decision?
A. Displeasure with the decision
B. Obvious bias
C. Improper notice of appeal
D. Arbitrator personality
Question 8 of 20 : Select the best answer for the question.
8. 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. Clear and convincing evidence
C. Innocent until proven guilty
D. Beyond a reasonable doubt
Question 9 of 20 : Select the best answer for the question.
9. Which one of the following choices is a voluntary alternative
dispute resolution?
A. Pleading
B. Injunction
C. Arbitration
D. Mediation
Question 10 of 20 : Select the best answer for the question.
10. Which one of the following serves the purpose of
persuading another party to resolve a claim before trial?
A. Initial interview
B. Settlement brochure
C. Notice of appeal
D. Trial notebook
Question 11 of 20 : Select the best answer for the question.
11. A litigation paralegal may be asked to
A. appear of record at trial.
B. assume second chair duties.
C. serve a summons.
D. cross-examine witnesses.
Question 12 of 20 : Select the best answer for the question.
12. 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
Question 13 of 20 : Select the best answer for the
question.
13. Suppose a trial is nearing its end, and the attorneys
are awaiting the jury’s decision. An attorney wants to
make a last settlement attempt before the jury returns
its verdict. Attorney A says it’s too late for settlement
because the jury has already gone to deliberate.
Attorney B says the attorney can make the settlement
offer if it’s first presented to the jury. Which one of the
attorneys is correct?
A. Neither attorney is correct.
B. Attorney A is correct.
C. Both attorneys are correct.
D. Attorney B is correct.
Question 14 of 20 : Select the best answer for the
question.
14. Notice of a motion must be given to opposing
counsel in all cases except a/an
A. ex parte motion.
B. Notice to opposing counsel is always required.
C. motion for temporary orders.
D. motion to amend pleadings.
Question 15 of 20 : Select the best answer for the
question.
15. The focus in civil litigation is to
A. win punitive damages.
B. compensate the victim.
C. punish the wrongdoer.
D. deter future wrongdoing.
Question 16 of 20 : Select the best answer for the
question.
16. Evidence is competent if
A. it’s b
Question 17 of 20 : Select the best answer for the
question.
17. 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. Neither attorney is correct.
B. Attorney B is correct.
C. Attorney A is correct.
D. Both attorneys are correct.
Question 18 of 20 : Select the best answer for the question.
18. Papers to be filed with the court are received by the
A. court clerk.
B. judge.
C. court reporter.
D. marshall.
Question 19 of 20 : Select the best answer for the
question.
19. The appropriate time to determine the
applicable statute of limitations is
A. after taking the case but before filing it.
B. anytime before serving the summons.
C. before taking the case.
D. anytime prior to a motion to dismiss.
Question 20 of 20 : Select the best answer for the
question.
20. Appellate courts review the actions of the
trial courts
A. to substitute their own decision.
B. to retry a case.
C. for legal errors.
D. for questions of fact.