75. A counterclaim is:
a. made by a defendant.
b. part of the complaint.
c. part of the interrogatories.
d. none of the above
76. A default results when:
a. the plaintiff fails to serve a summons.
b. the defendant fails to file an answer in a timely fashion.
c. a counterclaim is filed.
d. none of the above
77. This is the famous class action lawyer who is now in prison for attempted bribery of a federal judge.
a. Russell Crowe
b. Dickie Scruggs
c. Zachary Scruggs
d. Jeffrey Wigand
78. A motion for summary judgment is:
a. granted only if there are no factual issues.
b. appropriate if there are no issues of law.
c. decided by a jury.
d. none of the above
79. Which of the following is not a form of discovery?
a. interrogatories
b. requests for admissions
c. pretrial conference
d. depositions
e. All of the above are forms of discovery.
80. Which of the following would not be discoverable in a contract suit requesting lost profits as damages?
a. income tax returns of the business
b. orders of merchandise
c. expense records
d. work product
81. Which of the following is a true statement about depositions?
a. They are generally held in a courtroom.
b. They are not taken under oath.
c. They must be preceded by interrogatories.
d. none of the above
82. Peremptory challenges:
a. are challenges for cause.
b. are generally limited in each case.
c. require specific reasons for use.
d. require proof of bias or prejudice of the juror.
e. none of the above
83. Once a plaintiff has established a prima facie case:
a. the case is won.
b. the case can survive a directed verdict motion by the defendant.
c. the defendant cannot present contradictory evidence.
d. a judgment NOV is granted.
e. none of the above
84. Jury instructions:
a. are not given in all cases.
b. explain the application of law to juries.
c. are developed unilaterally by the judge.
d. explain how a foreman is elected.
85. A motion for judgment NOV:
a. is a motion for judgment notwithstanding the verdict.
b. can only be made by the plaintiff.
c. is made only before the verdict is returned.
d. none of the above
86. Mediation is:
a. the same as arbitration.
b. used frequently in international disputes.
c. regulated by the American Arbitration Association.
d. none of the above
87. Voir dire is:
a. the process for screening prospective jurors.
b. the same as venue.
c. used if peremptory challenges are planned.
d. the same as a judgment NOV.
e. none of the above
88. A summons:
a. is served on the plaintiff.
b. can be served by an officer of the court or by private licensed firms.
c. need not be served if the complaint has been filed.
d. none of the above
89. Interrogatories:
a. are served on nonparties only.
b. must be answered under oath.
c. must be used before a deposition can be scheduled.
d. none of the above
90. is replacing as the preferred method of business dispute resolution.
a. Litigation; arbitration
b. Arbitration; mediation
c. Mediation; arbitration
d. Litigation; mediation
91. A pretrial conference is:
a. a meeting between the parties.
b. a hearing for a motion for summary judgment.
c. held before discovery begins.
d. none of the above
92. The party conducting cross-examination is:
a. the party who did not call the witness.
b. the party who called the witness.
c. involved in voir dire.
d. always the judge.
93. The time limit for a defendant to file an answer is:
a. the statute of limitations.
b. two years for personal injury suits.
c. 20 to 30 days in most states.
d. four years for contract suits.
94. Closing arguments are:
a. presented by the judge.
b. part of the jury instructions.
c. presented by the plaintiff’s attorney only.
d. none of the above
95. A complaint filed in a lawsuit could not contain which of the following?
a. a claim for money damages
b. a claim for equitable remedies
c. a claim for an injunction
d. a counterclaim
96. The is the largest ADR provider in the country for commercial disputes.
a. National Arbitration Forum
b. American Arbitration Forum
c. American Arbitration Association
d. American Arbitration Forum
97. A motion for judgment on the pleadings can be granted:
a. if the complaint does not state a cause of action.
b. if there are no factual issues.
c. any time during the course of the trial.
d. all of the above
98. A motion to dismiss can be granted:
a. any time throughout the case.
b. only after the plaintiff’s case has been presented.
c. only after the defendant‘s case has been presented.
d. only if summary judgment is also appropriate.
99. Sam Echols was injured when he was struck in a crosswalk by a car driven by Ceila Jones. Echols‘ lawyer
suspects that Ms. Jones was not wearing her contact lenses at the time of the accident as she is required to do by
law. After Echols’ lawyer files suit, how can she find out whether Ms. Jones was wearing her contact lenses?
a. by subpoenaing Ms. Jones
b. by a request to produce
c. by a deposition of Ms. Jones
d. The information is privileged and nondiscoverable.
100. Sam Wasterson is the CEO of Galant, Inc. Galant is being sued by Webtech, a competitor, for antitrust violations.
Webtech’s CEO says that he met with Wasterson three times in 1993. He explains, “Check his calendar. Check his
secretary’s logs!” The meetings are a critical part of the Webtech case. Webtech’s lawyers:
a. will not be able to obtain the calendar or logs because of the privilege.
b. will obtain the calendar and logs through mandatory discovery or a request for production.
c. will have to show the relevance of the logs and calendars before they can get them.
d. cannot obtain the calendar and logs because of privacy limitations.
101. If privacy is an important requirement for resolution of a company’s disputes, which of the following methods would
you recommend?
a. mediation
b. rent-a-judge
c. arbitration
d. All of the above are private and would serve the company’s needs.
102. The purpose of the new mandatory discovery provisions is to:
a. remove the element of surprise from litigation.
b. make litigation more of a quest for the truth.
c. minimize discovery times and costs.
d. All of the above are reasons mandatory discovery was adopted.
103. When is a motion for a judgment NOV granted?
a. after the plaintiff has presented its case
b. when the weight of the evidence is contrary to the jury’s verdict
c. when the pleadings of the plaintiff are insufficient to state a cause of action
d. none of the above
104. Hearsay:
a. is never admissible in court.
b. is unreliable evidence.
c. can be used on cross-examination.
d. none of the above
105. Which of the following methods of arbitration allows the parties input on the decision-maker(s)?
a. peer review
b. arbitration
c. mediation
d. all of the above
106. Which of the following cannot be obtained during discovery in a case?
a. e-mail from the defendant company’s server
b. attorney’s notes for the defendant company
c. medical records of an injured plaintiff
d. defendant company internal memos
e. All of the above can be obtained during discovery.
107. Choose the answer that reflects the proper sequence of events in civil procedure:
a. complaint, subpoena, deposition, answer, interrogatories, summons
b. complaint, deposition, answer, counterclaim, affirmative defense
c. complaint, directed verdict, summary judgment, summons, answer
d. complaint, summons, answer, counterclaim, discovery
e. discovery, complaint, summons, answer, counterclaim
108. Which of the following is a suggested policy on executive smartphone use?
a. A mandatory password requirement for smartphones.
b. A stated policy on deleting messages on smartphones.
c. Smartphone configuration and archiving policies.
d. All of the above.
109. Which of the following methods of alternative dispute resolution involves a hearing?
a. arbitration
b. mediation
c. negotiated settlement
d. settlement conference
e. All of the above involve hearings.
110. Spoilation is:
a. litigation over contaminated food.
b. destruction of evidence needed for litigation.
c. following stare decisis and dismissing a case.
d. none of the above
111. The best means for obtaining access to a defendant company’s e-mail in litigation over an atmosphere of
harassment is:
a. deposition.
b. summons.
c. request for production.
d. none of the above
112. Jane has been dunned by her creditors for payment of her credit card bills. “But I have disputes over some of those
charges, and I want to go to court under the Fair Credit Billing Act.” One of her creditors points out to Jane that
there was an arbitration clause in the terms and conditions given to her when she was given her credit card. “Credit
card rights are given by federal law. I don’t have to go to arbitration!”
a. Jane is correct; federal credit laws prohibit arbitration.
b. Jane is incorrect; she can be required to go to arbitration.
c. Arbitration applies only to Truth-in-Lending Act issues.
d. none of the above
113. Which of the following may not be included in the answer to a complaint?
a. admission
b. counterclaim
c. denial
d. all can be included