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1. A lawsuit begins with the filing of a complaint or petition.
a. True
b. False
2. Statutes of limitations are always four years.
a. True
b. False
3. To be valid, a complaint must have every fact listed in it.
a. True
b. False
4. A complaint must establish subject matter jurisdiction.
a. True
b. False
5. Venue is the subject matter jurisdiction of a court.
a. True
b. False
6. Specific performance is an equitable remedy.
a. True
b. False
7. Injunctions are equitable remedies.
a. True
b. False
8. The summons is the same document as the complaint.
a. True
b. False
9. The complaint and answer are both pleadings.
a. True
b. False
10. A default is entered when the defendant counterclaims.
a. True
b. False
11. The plaintiff is the only party in a suit who can counterclaim.
a. True
b. False
12. A motion for judgment on the pleadings is the same as a motion for summary judgment.
a. True
b. False
13. A motion to dismiss must be filed before an answer is filed.
a. True
b. False
14. A motion for summary judgment is appropriate only if there are no issues of fact.
a. True
b. False
15. Interrogatories must be answered in writing and under oath.
a. True
b. False
16. A request for admission that is refused and later proved can carry a penalty of recovery of attorney's fees.
a. True
b. False
17. Depositions are generally taken in the courtroom.
a. True
b. False
18. Work product is discoverable.
a. True
b. False
19. Every trial requires a jury.
a. True
b. False
20. Voir dire is the process of screening prospective jurors.
a. True
b. False
21. A peremptory challenge is a challenge for cause.
a. True
b. False
22. During the plaintiff's case, the defendant conducts direct examination.
a. True
b. False
23. A prima facie case is one that can survive a directed verdict.
a. True
b. False
24. All hearsay is inadmissible as evidence.
a. True
b. False
a. True
b. False
25. Jury instructions explain to jurors how to elect a foreman.
a. True
b. False
26. A hung jury requires a retrial of the case.
a. True
b. False
27. If a judge grants a motion for a judgment NOV, the effect is a reversal of the jury verdict.
a. True
b. False
28. Arbitration proceedings have less stringent evidentiary standards than trials.
a. True
b. False
29. In mediation, the disputing parties use a third party as a go-between to facilitate negotiations.
a. True
b. False
30. A mini-trial is a public method of dispute resolution.
a. True
b. False
31. Early neutral evaluation is a means of alternative dispute resolution used prior to discovery.
a. True
b. False
32. Rent-a-judge facilities are private operations.
a. True
b. False
33. Summary jury trials offer the perspective of a jury with a shortened version of the case.
a. True
b. False
34. The results of an arbitration hearing are generally binding.
a. True
b. False
35. The results of mediation are generally binding.
a. True
b. False
36. In arbitration, the parties develop the proposed list of arbitrators.
a. True
b. False
37. For evidentiary purposes, accountants' work product and attorneys' work product are treated the same.
a. True
b. False
38. Interrogatories are given under oath.
a. True
b. False
39. There is an absolute right to a jury trial in civil cases.
a. True
b. False
40. The effect of a counterclaim is to have the defendant also suing the plaintiff.
a. True
b. False
41. In some states, unanimous jury verdicts are not required.
a. True
b. False
42. Rent-a-judge hearings are private hearings arranged by the parties to a dispute.
a. True
b. False
43. Medarb is a combination of a trial and mediation.
a. True
b. False
44. The results of a mini-trial are always binding.
45. The parties select the arbitrator for arbitration.
a. True
b. False
46. The Federal Arbitration Act (FAA) permits mandatory arbitration in consumer contracts but has yet to be tested in
litigation.
a. True
b. False
47. Interrogatories are only given to the parties in a case.
a. True
b. False
48. The International Chamber of Commerce (ICC) is a private court.
a. True
b. False
49. The new discovery rules require lawyers and the parties to voluntarily disclose relevant information at the beginning
of the discovery process.
a. True
b. False
50. Jury consultants are used before, during, and after trial.
a. True
b. False
51. There are constitutional and numerical limits on peremptory challenges.
a. True
b. False
52. Instructions for the jury are given by the lawyers in the case during their closing arguments.
a. True
b. False
53. A motion for a judgment NOV is heard by a court of appeals.
a. True
b. False
54. Under the new discovery rules, work product must also be turned over to the other parties in a case.
a. True
b. False
55. So long as a court has subject matter jurisdiction, there is no need for in personam jurisdiction.
a. True
b. False
56. In personam jurisdiction is not an issue when one of the parties is from another country.
a. True
b. False
57. E-mail cannot be obtained during discovery.
a. True
b. False
58. A deposition can be used at trial.
a. True
b. False
59. A summons is served on a defendant and a subpoena is served on a witness.
a. True
b. False
60. A directed verdict can occur immediately after the pleadings are filed.
a. True
b. False
61. Devices such as a Blackberry or an iPhone are exempt under the rules for business discovery in litigation.
a. True
b. False
62. Junk science can be excluded from evidence at trial.
a. True
b. False
63. Arbitration is not allowed when federal statutory rights are involved.
a. True
b. False
64. An arbitration clause that requires a consumer to travel to another state for the arbitration hearing is void.
a. True
b. False
65. The rules of the AAA require the parties to be represented by an attorney.
a. True
b. False
66. In general it is okay for jurors to perform internet research concerning the case they are involved in during the
case.
a. True
b. False
67. In international disputes, it is likely that foreign companies will be required to come to the United States to bring suit
for issues involving the Internet and U.S. companies
a. True
b. False
68. Spoilation is the destruction of evidence that is needed in a case.
a. True
b. False
69. It is quite common for courts to overturn an arbitration award.
a. True
b. False
70. Mandatory arbitration is unconstitutional.
a. True
b. False
71. Which of the following is the first document filed in a lawsuit?
a. complaint
b. answer
c. pleadings
d. none of the above
72. Which of the following is not included in a complaint?
a. statement of subject matter jurisdiction
b. request for damages
c. statement of venue
d. a counterclaim
e. none of the above
73. Which of the following is not a form of equitable relief?
a. injunction
b. money damages
c. specific performance
d. rescission of a contract
e. All of the above are forms of equitable relief.
74. Which of the following accurately describes a summons?
a. initial document filed in a suit
b. served on the defendant
c. need not be served so long as it is filed
d. none of the above
