Multiple Choice
1. An adversary system of justice does not:
a. reflect the belief that truth is discovered through the presentation of competing ideas
b. require opposing parties to argue their positions before a court
c. require an actual case or controversy
d. require a judge to apply the law to the facts established
e. all of the other choices are correct
2. A judicial system that requires parties to represent themselves and argue their positions before a neutral court is
referred to as:
a. an adversary system of justice
b. an aversive system of justice
c. an adversarial system of justice
d. a complex system of justice
e. none of the other choices are correct
3. A judicial system that requires parties to represent themselves and argue their positions before a neutral court is
referred to as:
a. an admonishing system of justice
b. an aversive system of justice
c. an adversarial system of justice
d. a complex system of justice
e. none of the other choices are correct
4. An adversary system of justice is one in which:
a. parties must be represented by a lawyer before a neutral court
b. parties must represent themselves before a biased court
c. parties must represent themselves and argue their positions before a neutral court
d. parties may not represent themselves
e. none of the other choices are correct
5. An adversary system of justice is one in which:
a. parties must be represented by a lawyer before a neutral court
b. parties must represent themselves before a biased court
c. parties must submit their case to the highest court possible
d. parties may not represent themselves
e. none of the other choices are correct
6. Which is the correct order of stages for a typical lawsuit:
a. discovery, pretrial, trial, pleadings, appeals
b. pleadings, pretrial, discovery, trial, appeals
c. pretrial, pleadings, discovery, trial, appeals
d. pleadings, discovery, pretrial, trial, appeals
e. discovery, pleadings, pretrial, trial, appeals
7. Which is the correct order of stages for a typical lawsuit:
a. discovery, pleadings, pretrial, trial, appeals
b. pleadings, pretrial, discovery, trial, appeals
c. pretrial, pleadings, discovery, trial, appeals
d. discovery, pretrial, trial, pleadings, appeals
e. none of the other choices are correct
8. To begin the litigation process, the plaintiff must first:
a. give notice to the defendant by service of process
b. determine in which court to bring the action
c. serve the defendant with the complaint
d. make a motion for a pleading
e. request a pre-trial hearing before a judge
9. The first thing the plaintiff must do to begin the litigation process is:
a. give notice to the defendant by service of process
b. request a pre-trial hearing before a judge
c. serve the defendant with the complaint
d. make a motion for a pleading
e. none of the other choices are correct
10. When a plaintiff files a suit against a defendant, plaintiff:
a. must publish a notice of the suit in the legal advertisement section of the local newspaper
b. must give notice to the defendant by service of process
c. must give notice to the defendant by posting notice of the suit with the clerk of the court
d. has no duty to notify defendant since we have a duty to know what legal actions may be pending against us
e. none of the other choices are correct
11. When a plaintiff files a suit against a defendant, plaintiff:
a. must publish a notice of the suit in the legal advertisement section of the local newspaper
b. pays a fee to the bailiff to handle service of process to defendant
c. must give notice to the defendant by posting notice of the suit with the clerk of the court
d. has no duty to notify defendant since we have a duty to know what legal actions may be pending against us
e. none of the other choices are correct
12. The first pleading is commonly called:
a. the complaint
b. the answer
c. the affirmative defense
d. the res judicata
e. none of the other choices
13. The first pleading is commonly called:
a. the problem
b. the answer
c. the affirmative defense
d. the res judicata
e. none of the other choices
14. The complaint filed by plaintiff contains:
a. a statement alleging the facts necessary for the court to take jurisdiction
b. a short statement of the facts necessary to show that plaintiff may be entitled to a remedy
c. a statement of the remedy the plaintiff is seeking
d. the names of the parties
e. all of the other choices are included
15. A complaint filed by a plaintiff need not contain:
a. a statement alleging the facts necessary for the court to take jurisdiction
b. a statement of the facts necessary to show that plaintiff may be entitled to a remedy
c. a statement of the evidence in the plaintiff’s possession
d. a statement of the remedy the plaintiff is seeking
e. all of the other choices are necessary
16. Along with a summons, the plaintiff serves the defendant with:
a. a copy of the complaint
b. a copy of the evidence against the defendant
c. a copy of the plaintiff‘s citizenship
d. a copy of the plaintiff’s lawyer‘s contract
e. none of the other choices are correct
17. The formal statements made to the court by the parties to a case that list their claims and defenses are called:
a. statements of defense
b. statements of reason
c. pleadings
d. services
e. jurisdictions
18. The formal statements made to the court by the parties to a case that list their claims and defenses are called:
a. statements of defense
b. statements of reason
c. jurisdictions
d. services
e. none of the other choices are correct
19. A complaint is a formal statement that:
a. informs the defendant that he is being sued
b. informs the plaintiff that he must appear in court
c. details the agreement between the plaintiff and his lawyer
d. sets forth the plaintiff’s claim against the defendant
e. sets forth the defendant’s claim against the plaintiff
20. A complaint is a formal statement that:
a. informs the defendant that he is being sued
b. informs the plaintiff that he must appear in court
c. details the agreement between the plaintiff and his lawyer
d. sets forth the defendant‘s claim against the plaintiff
e. none of the other choices are correct
21. The complaint is a statement that sets forth the plaintiff’s claim against the defendant. It contains statements:
a. alleging the essential facts necessary for the court to take jurisdiction
b. of the facts necessary to claim that the plaintiff is entitled to remedy
c. of the remedy the plaintiff is seeking
d. all of the other specific choices are correct
e. none of the other specific choices are correct
22. Statements alleging the essential facts necessary for the court to take jurisdiction are included in the .
a. complaint
b. summons
c. compliance documents
d. complied case files
e. evidence statement
23. Statements of the facts necessary to claim that the plaintiff is entitled to remedy are included in the .
a. complaint
b. summons
c. compliance documents
d. official court statement
e. responsive statement
24. Statements of the remedy that the plaintiff is seeking are included in the:
a. complaint
b. summons
c. compiled case files
d. service of procedure
e. defendant statement
25. Following service of the plaintiff‘s complaint, defendant:
a. must file a responsive pleading
b. may file a motion to dismiss
c. may file an answer with an affirmative defense
d. may only file a counterclaim
e. all of the other choices are possible
26. Following service of the plaintiff’s complaint, defendant would not file which of the following:
a. a deposition
b. a motion to dismiss
c. an answer with an affirmative defense
d. a counterclaim
e. all of the other choices are possible
27. A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant may file which of the
following:
a. a counterclaim
b. a motion to dismiss
c. an answer
d. all of the specific choices are possible
e. none of the specific choices are proper at this stage of the proceedings
28. A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant is most unlikely to file
which of the following in response to the complaint:
a. a counterclaim
b. a motion to dismiss
c. a request for admissions
d. an answer
e. all of the other choices would be proper at this time
29. A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant is most likely to file
which of the following in response to the complaint:
a. a motion for judgment on the pleadings
b. a motion to dismiss
c. a motion for a directed verdict
d. a motion j.n.o.v.
e. all of the other choices would be proper at this time
30. If a defendant does not respond to the plaintiff’s complaint the court will:
a. presume the claims of the plaintiff are true and grant the plaintiff the relief requested in the complaint
b. presume the claims of the plaintiff are false and not grant the plaintiff the relief requested in the complaint
c. presume the claims of the defendant are false and not grant the plaintiff the relief requested in the complaint
d. presume the defendant is dead and not grant the plaintiff the relief requested in the complaint
e. none of the other choices are correct
31. If a defendant does not respond to the plaintiff’s complaint the court will:
a. presume the claims of the plaintiff are false and grant the defendant the relief requested in the complaint
b. presume the claims of the plaintiff are false and not grant the plaintiff the relief requested in the complaint
c. presume the claims of the defendant are false and not grant the plaintiff the relief requested in the complaint
d. presume the defendant is dead and not grant the plaintiff the relief requested in the complaint
e. none of the other choices are correct
32. The motion to dismiss for failure to state a claim or cause of action (a demurrer) is an allegation by the:
a. plaintiff that the defendant has no possible defense
b. defendant that the law furnishes no remedy for plaintiff’s claimed injury
c. defendant that the complaint lacks true facts
d. defendant that the court does not have proper jurisdiction over the case
e. none of the other choices are correct
33. A defendant is allowed to file a motion to dismiss a plaintiff’s complaint for the purpose of claiming which of the
following:
a. the court does not have jurisdiction over the subject matter
b. the court does not have jurisdiction over the defendant
c. there was not proper service of the complaint
d. the plaintiff failed to state a claim for which the law provides a remedy
e. all of the other choices are possibilities
34. An allegation by the defendant that that the law furnishes no remedy for plaintiff‘s claimed injury is known as:
a. a motion to dismiss for failure to state a claim
b. a motion to rescind for failure to state a claim
c. a motion to resign for failure to state a claim
d. a motion to dismiss for failure of evidence
e. a motion to call for failure of evidence
35. An allegation by the defendant that that the law furnishes no remedy for plaintiff‘s claimed injury is known as:
a. a motion to call for failure of evidence
b. a motion to rescind for failure to state a claim
c. a motion to resign for failure to state a claim
d. a motion to dismiss for failure of evidence
e. none of the other choices are correct
36. An allegation by the defendant that that the law furnishes no remedy for plaintiff‘s claimed injury is known as:
a. a detriment
b. a motion to rescind for failure to state a claim
c. a demurrer
d. a motion to dismiss for failure of evidence
e. none of the other choices are correct
37. A defendant is allowed to file a motion to dismiss a plaintiff’s complaint, but which of these would not be
appropriate to file:
a. the court does not have jurisdiction over the subject matter
b. the court does not have jurisdiction over the defendant
c. there was not proper service of the complaint
d. the plaintiff failed to state a claim for which the law provides a remedy
e. all of the other choices are possibly appropriate
38. Which is not a stage in a typical lawsuit?
a. pretrial
b. pleadings
c. repose
d. discovery
e. trial
39. The defendant’s reply to the complaint, in which the defendant admits or denies the allegations, is known as:
a. a rebuttal
b. an answer
c. a countercomplaint
d. a motion to admit
e. a request for hearing
40. The defendant’s reply to the complaint, in which the defendant admits or denies the allegations, is known as:
a. a rebuttal
b. a request for hearing
c. a countercomplaint
d. a motion to admit
e. none of the other choices are relevant
41. In the pleading known as the , the defendant will admit, deny, or say that it does not know the truth, with
respect to each assertion of the plaintiff.
a. rebuttal
b. answer
c. response
d. recall
e. counterpoint
42. In the pleading known as the , the defendant will admit, deny, or say that it does not know the truth, with
respect to each assertion of the plaintiff.
a. rebuttal
b. counterpoint
c. response
d. recall
e. none of the other choices are correct
43. In an affirmative defense:
a. the defendant admits to the facts claimed by the plaintiff, but offers additional facts
b. the defendant denies all the facts claimed by the plaintiff
c. the defendant does not respond
d. the defendant hires a special lawyer
e. none of the other choices are correct
44. In an affirmative defense:
a. the plaintiff admits to the facts claimed by the defendant, but offers additional facts
b. the defendant denies all the facts claimed by the plaintiff
c. the defendant does not respond
d. the defendant hires a special lawyer
e. none of the other choices are correct
45. Which of the following is an example of an affirmative defense:
a. self-defense
b. assumption of risk
c. contributory negligence
d. all of the other specific choices are correct
e. none of the other specific choices are correct
46. Which of the following is an example of an affirmative defense:
a. stare decisis
b. in rem jurisdiction
c. contributory negligence
d. all of the other specific choices are correct
e. none of the other specific choices are correct
47. Which of the following is an example of an affirmative defense:
a. stare decisis
b. in rem jurisdiction
c. assumption of risk
d. all of the other specific choices are correct
e. none of the other specific choices are correct
48. Which of the following is an example of an affirmative defense:
a. stare decisis
b. in rem jurisdiction
c. self-defense
d. all of the other specific choices are correct
e. none of the other specific choices are correct
49. A counterclaim is:
a. the denial by the defendant of the plaintiff’s complaint
b. an additional claim by the plaintiff added on the original complaint
c. the defendant‘s claim against the plaintiff
d. the same as a demurrer
e. none of the other choices
50. A counterclaim is:
a. the denial by the defendant of the plaintiff’s complaint
b. an additional claim by the plaintiff added on the original complaint
c. a request for a judgment notwithstanding the verdict
d. the same as a demurrer
e. none of the other choices
51. If, in response to a plaintiff’s assertions, a defendant asserts that the plaintiff owes the defendant money, the
defendant has made a(n):
a. demurrer
b. summons
c. affirmative defense
d. counterclaim
e. motion for judgment n.o.v.
52. The reply in the pleading process is a legal response to the:
a. complaint
b. service of process
c. counterclaim
d. demurrer
e. none of the other choices
53. A defendant may make a counterclaim against the plaintiff:
a. based on the same events the plaintiff bases the complaint on
b. only if it involves different events than those the plaintiff bases the complaint on
c. only if the plaintiff agrees
d. only if the court doubts the plaintiff
e. none of the other choices are correct
54. If a defendant makes a claim against a plaintiff, in response to the plaintiffs complaint against the defendant, the
plaintiff responds by providing:
a. an answer
b. a reply
c. a counterclaim
d. a demurrer
e. none of the other choices
55. If a defendant makes a claim against a plaintiff, in response to the plaintiffs complaint against the defendant, the
plaintiff responds by providing:
a. an answer
b. an interrogatory
c. a counterclaim
d. a demurrer
e. none of the other choices
56. If a defendant answering a complaint admits to the plaintiff’s allegations but asserts additional facts that constitute a
defense to the complaint, the defendant has asserted:
a. a counterclaim
b. an affirmative defense
c. a pleading
d. an answer
e. none of the other choices
57. If a defendant answering a complaint admits to the plaintiff’s allegations but asserts additional facts that constitute a
defense to the complaint, the defendant has asserted:
a. a counterclaim
b. a deposition
c. a pleading
d. a reply
e. none of the other choices
58. The purpose of the pleadings is to:
a. notify each of the parties of the claims and defenses of each other
b. focus the issues
c. help remove surprise from the resolution of the dispute
d. establish some facts in the case
e. all of the other specific choices are correct
59. The purpose of the pleadings is to:
a. notify each of the parties of the claims and defenses of each other
b. limit the evidence to the agreed upon items
c. determine if a jury will be used
d. none of the other choices are correct
e. all of the other specific choices are correct