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True / False
1. The plaintiff selects the court in which to file an action against a defendant.
a. True
b. False
2. The defendant has the right to move a suit to the court "of greatest convenience."
a. True
b. False
3. The U.S. judicial system is considered to be "adversarial."
a. True
b. False
4. The U.S. judicial system is considered to be "jointly cooperative."
a. True
b. False
5. When a plaintiff files a lawsuit, the bailiff is responsible for service of process to the defendant.
a. True
b. False
6. Service of process of a lawsuit usually consists of a summons.
a. True
b. False
7. Service of process is said to be complete when the clerk of the court schedules a case for trial.
a. True
b. False
8. The first of the pleadings is known as an answer.
a. True
b. False
9. The first of the pleadings is known as "a claim."
a. True
b. False
10. When a plaintiff files an action against a defendant, it is called the complaint.
a. True
b. False
11. When a plaintiff files an action against a defendant, it is called the notification.
a. True
b. False
12. When the plaintiff first files a case, the pleadings include a remedy being sought by the plaintiff.
a. True
b. False
13. When the plaintiff files a case, the pleadings must include a summary of the major evidence that supports the
claims.
a. True
b. False
14. Following the service of plaintiff's complaint, even if the claims are complete nonsense, the defendant must file a
responsive pleading.
a. True
b. False
15. If a defendant does not respond to a case filed by a plaintiff, the plaintiff wins.
a. True
b. False
16. Defendant's motion to dismiss for failure to state a claim (demurrer) is used when there is a technical error in
plaintiff's lawsuit, such as the case being filed in the wrong court. Such motions do not concern the adequacy of the
claim itself.
a. True
b. False
17. If a court does not have jurisdiction over the person of a defendant, the defendant may move to have the plaintiff's
case dismissed.
a. True
b. False
18. If a court does not have jurisdiction over the subject matter of a case, the defendant may file a motion to dismiss
the complaint.
a. True
b. False
19. If a plaintiff files a case and the defendant agrees with all the facts claimed by the plaintiff, the defendant may still
be able to get the case dismissed for failure to state a claim.
a. True
b. False
20. A court may dismiss a case because, even if the statements made by the plaintiff are true, there is no legal remedy
for the events that happened.
a. True
b. False
21. A motion to dismiss is called a demurrer in some courts.
a. True
b. False
22. In her answer, the defendant must admit or deny the allegations made by the plaintiff in the complaint.
a. True
b. False
23. If a defendant files a claim against the plaintiff, the plaintiff must respond to that claim.
a. True
b. False
24. Unlike the original complaint by the plaintiff, any claims made by defendant against the plaintiff do not require an
answer by the plaintiff.
a. True
b. False
25. An affirmative defense by the defendant is a "legal excuse" for the behavior that occurred.
a. True
b. False
26. If a plaintiff files suit against a defendant for something that happened five years ago and there is a three year
statute of limitation in which to bring suit, the defendant has an affirmative defense.
a. True
b. False
27. If a plaintiff files suit against a defendant for something that happened five years ago and there is a three year
statute of limitation in which to bring suit, the defendant has what is called a negative defense.
a. True
b. False
28. The plaintiff's answer to claims made by the defendant against the plaintiff is known as a reply.
a. True
b. False
29. The plaintiff's answer to a defendant's counterclaim is known as a counter-counterclaim.
a. True
b. False
30. In most court systems, the close of the pleadings stage comes once the complaint is filed.
a. True
b. False
31. After pleadings, litigation enters the discovery stage.
a. True
b. False
32. Most discovery occurs during courtroom proceedings.
a. True
b. False
33. A purpose of discovery is to allow parties to develop arguments for courtroom use that the other side will not have
thought about.
a. True
b. False
34. The process of discovery before trial encourages settlement of cases.
a. True
b. False
35. The discovery process often reduces the number of issues in a case.
a. True
b. False
36. The discovery process gives both sides access to the information in the possession of the other side; there are few
secrets.
a. True
b. False
37. The general rule is that a party may refuse to provide documents or other evidence if the party believes the request
to be irrelevant.
a. True
b. False
38. The general rule is that a party may refuse to provide evidence to the party on the other side of a case if that
evidence was exclusively developed by the party who has it.
a. True
b. False
39. The general rule is that one does not have to produce evidence for the opposing party if to do so is "unduly
burdensome."
a. True
b. False
40. A principal discovery tool is the written deposition.
a. True
b. False
41. A deposition is taken under oath; it allows attorneys from both sides to be present.
a. True
b. False
42. A deposition is taken under oath; the party being questioned in a deposition may not talk to his attorney for advice.
a. True
b. False
43. Information gathered at a deposition before trial may not be used as evidence at trial.
a. True
b. False
44. Interrogatories are written questions submitted by the opposing party.
a. True
b. False
45. When giving answers to interrogatories, the witness may not leave the room to look up information.
a. True
b. False
46. When preparing answers to interrogatory questions, the witness may not rely on her attorney for assistance.
a. True
b. False
47. Expert witness testimony will be thrown out if it does not comply with the standards of the profession or science
involved.
a. True
b. False
48. When expert testimony is critical to a case, but is excluded as unreliable, there is a right to a new trial with a new,
credible witness.
a. True
b. False
49. When expert testimony is critical to a case, but is excluded as unreliable, the affected party has the right to hold the
trial while obtaining a credible witness.
a. True
b. False
50. In Barabin v. AstenJohnson, where Barabin sued for injury from asbestos, the appeals court held that
AstenJohnson could not use its employees as expert witnesses since there was an obvious conflict of interest.
a. True
b. False
51. In Cooper Tire v. Mendez, involving a blown tire in a serious accident, the Texas high court held that because the
expert witness for Mendez was not reliable, the verdict in his favor was thrown out and a verdict entered for
Cooper.
a. True
b. False
52. In Barabin v. AstenJohnson, where Barabin sued for injury from asbestos, the appeals court held that because
the expert witness for Barabin was not reliable, Barabin had to pay AstenJohnson's legal fees from the trial.
a. True
b. False
53. If a party requests sensitive documents, such as a trade secret, the order will not be granted unless the court
remains in possession of the evidence at all times.
a. True
b. False
54. If a physical exam is necessary to determine the extent of an injury to the plaintiff that is relevant to a case, the
doctor used must be one approved by the plaintiff.
a. True
b. False
55. Even if the physical or mental condition of a party to a lawsuit is an issue, an examination by doctors cannot be
required due to the constitutional right of privacy.
a. True
b. False
56. If a business is found to have records in such a mess that the other side of in a lawsuit cannot find documents it
wants, the court may punish the messy party or even rule against it in the case.
a. True
b. False
57. Even if both parties admit the truthfulness of a fact related to a dispute, the fact still must still be proved by
evidence in court.
a. True
b. False
58. A request for admission is when a party to a suit asks the other party, based on the evidence collected, to admit that
it has no chance to win the suit.
a. True
b. False
59. A request for admissions means parties agree to accept certain facts as true and not require them to be proven in
court.
a. True
b. False
60. If a party in litigation refuses to answer the depositions of the other party the court may find the party that refuses
to answer in contempt of court.
a. True
b. False
61. If a party refuses to comply with the requests of the other side for evidence, the court may enter judgment in the
case against the non-complying party.
a. True
b. False
62. Corporate executives must personally appear to respond to all requests for depositions for their testimony.
a. True
b. False
63. Corporate executives must give testimony in court, whenever so requested, to answer questions about company
policy and other matters.
a. True
b. False
