1. Which of the following best describes a claim?
a.
The first document issued by the plaintiff in a lawsuit
b.
A demand for a remedy to compensate for a perceived wrong
c.
The first phase of a trial
d.
The basis on which a judge decides a case
2. In every lawsuit the plaintiff must prove three things. Which of the following is not one of them?
a.
Defendant violated the law.
b.
Defendant was negligent.
c.
Plaintiff suffered an injury.
d.
The cause of plaintiff’s injury was defendant’s violation of the law.
3. Which of the following is not included in a complaint?
a.
A statement showing the jurisdiction of the court
b.
Details about why the plaintiff is suing the defendant
c.
A request for discovery
d.
A claim for relief
4. A jurisdiction of a court is determined by which of the following?
a.
The legislature
c.
The lawyer for the plaintiff
b.
The judge
d.
The lawyer for the defendant
5. Which of the following documents directs the defendant to appear in the lawsuit and defend the
allegations made against him?
a.
The complaint
c.
The summons
b.
The answer
d.
A motion for a directed verdict
6. A diner sued a restaurant, claiming the food was rancid and made her sick. The restaurant intends to
deny these claims and seek payment from the diner for the cost of the meal, which the diner refused to
pay. The document in which the restaurant would assert this claim is:
a.
The complaint
c.
The summons
b.
The answer
d.
The bill of particulars
7. Which of the following is not a pleading?
a.
Summons
c.
Answer
b.
Complaint
d.
Reply
8. A peremptory challenge refers to:
a.
A denial in an answer
b.
A dismissal of a juror without cause
c.
A dismissal of a juror with cause
d.
A request during discovery for evidence critical to another party’s case
9. Which is the correct chronological order for the segments of a trial?
a.
Opening statement, cases in full, judge’s charge, rebuttal
b.
Opening statement, rebuttal, cases in full, judge’s charge
c.
Opening statement, cases in full, rebuttal, judge’s charge
d.
Judge’s charge, opening statement, cases in full, rebuttal
10. Who presents a rebuttal case?
a.
Plaintiff
c.
The judge
b.
Defendant
d.
The jury
11. The lawyer for a losing party can attack a verdict by all but which one of the following procedures?
a.
Seek a judgment notwithstanding the verdict
b.
Seek further discovery
c.
Ask for a new trial on the grounds of improper charge
d.
Ask for a reduction of the damage because the amount awarded was unreasonable
12. Which of the following is not an alternative dispute resolution mechanism?
a.
Arbitration
c.
Bench trial
b.
Summary trial
d.
Mediation
13. In the case citation 786 P.2d 435 (1987), what does the number 435 indicate?
a.
The page on which the case is located
b.
The volume number in which the case is located
c.
The set of books in which the case is located
d.
The number of a statute that was cited in the case
1. Most cases end up in trial.
2. The defendant is the person who initiates a lawsuit.
3. The Supreme Court of a state has the authority to hear every kind of case.
4. In a particular case the plaintiff is from Chicago, Illinois, and the defendant is from Tucson, Arizona.
The amount of the claim is $43,000. True or false: Federal courts will have jurisdiction of this claim.
5. The consequence for a defendant failing to respond to a complaint is a default judgment.
6. A defendant made a successful motion to have a case dismissed because the court lacked jurisdiction.
True or false: The plaintiff can restart the case in a court that does have jurisdiction.
7. A guest was injured on a hotel escalator. True or false: Her lawyer is entitled to inspect the escalator in
preparation for the trial.
8. The furnace in the “Best Lunch Around” Restaurant is located in a closet next to the bathroom. A diner
was injured while in the bathroom when the furnace exploded. To establish that the restaurant was at
fault, the diner intends to present at trial two expert witnesses to discuss the intricacies of the furnace
mechanisms. True or false: The diner in this case would be well advised to request a jury for the trial.
9. The voir dire is a presentation to the jury outlining the proof the lawyer expects to present during the
trial.
10. The plaintiff presents its case-in-chief before the defendant presents its case-in-chief.
11. Both the lawyers and the judge can ask questions during the voir dire; the lawyers present the
summations; the judge charges the jury.
12. A party to a lawsuit has an absolute right to appeal the case to intermediate appellate courts and the
highest appellate court, as the litigant sees fit.
1. A method for settling disputes in which a person other than a judge listens to both parties’ positions
and then makes a determination or assists the parties in resolving the matter is called
________________________________________.
2. The system of justice utilized in the United States in an ____________________ system.
3. The document that commences the lawsuit is called a ____________________.
4. The court with the authority to hear cases involving wills is _________________________.
5. The ______________________________ in a complaint must set forth facts demonstrating that the
court designated by plaintiff has the power to decide the case.
6. A request to judge for relief made while a lawsuit is ongoing is called a ____________________.
7. If the defendant includes a ____________________ in the answer, the plaintiff must file a reply.
8. A case that proceeds to trial without a jury is called a _________________________.
9. The process by which a jury is selected is called _________________________.
10. The charge to a jury consists of the ____________________ that is applicable to the case.
11. If the jury is ____________________, the judge will call a mistrial and the plaintiff can begin again
with a new trial.
12. _________________________ have the authority to review the handling and decision of a case tried
in a lower court.
1. Three categories of people included in the jury pool are
________________________________________, ________________________________________,
________________________________________.
ANS:
2. The primary purpose of discovery is
____________________________________________________________________.
3. The primary difference between an allegation and a fact is
____________________________________________________________________.
4. Two factors a manager should consider when deciding how to handle a case brought against a business
are ________________________________________,
________________________________________.
1.#