Advanced Civil Litigation Final
Exam Questions
Course Introduction
Advanced Civil Litigation delves into the complexities of the civil litigation process beyond the introductory level, focusing on strategic issues and procedural challenges encountered in contemporary civil disputes. The course covers advanced topics such as multi-party litigation, class actions, discovery management, expert testimony, dispositive motions, case evaluation, and pretrial practice. Emphasis is placed on the practical application of litigation tactics, ethical considerations, innovative technologies in the courtroom, and the effective use of civil procedure rules. Students gain hands-on experience through simulations, drafting advanced legal documents, and analyzing real-world case studies, preparing them for the nuanced demands of civil litigation practice.
Recommended Textbook
Civil Litigation 7th Edition by Peggy Kerley
Available Study Resources on Quizplus 16 Chapters
555 Verified Questions
555 Flashcards
Source URL: https://quizplus.com/study-set/2430
Page 2
Chapter 1: Litigation and the Paralegal
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48272
Sample Questions
Q1) Laws that deal with private disputes between parties are known as ________ laws. Answer: civil
Q2) A secondary source that is heavily relied upon by litigation attorneys and paralegals in drafting documents is the ________.
Answer: form book
Q3) Before filing a lawsuit, the parties are required to arbitrate their dispute.
A)True
B)False
Answer: False
Q4) The process of civil litigation formally begins when one party files a(n) ________.
A) complaint
B) answer
C) motion
D) writ
Answer: A
Q5) Unless a case is settled, litigation results in a(n) ________, where parties present their evidence to a judge or jury.
Answer: trial
To view all questions and flashcards with answers, click on the resource link above. Page 3
Chapter 2: The Courts and Jurisdiction
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48273
Sample Questions
Q1) Pleadings are filed in a trial court.
A)True
B)False
Answer: True
Q2) The U.S. Supreme Court can hear appeals from state courts ________.
A) as long as a state supreme court has already heard the case
B) if the state supreme court refuses to hear the case
C) if a federal or constitutional issue exists
D) All of these choices.
Answer: C
Q3) Rules of multijurisdictional litigation allow cases to be tried in any federal district court in which any party has filed a lawsuit.
A)True
B)False
Answer: False
Q4) A court of appellate jurisdiction is a court where the case begins and is tried.
A)True
B)False Answer: False
To view all questions and flashcards with answers, click on the resource link above. Page 4
Chapter 3: Preliminary Considerations and Procedures
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48274
Sample Questions
Q1) The American Bar Association has adopted ethical standards for attorneys known as Model ________.
Answer: Rules of Professional Conduct
Q2) Knowing the elements of a cause of action in a case enables the paralegal to ________.
A) gather appropriate evidence
B) assist in conducting relevant discovery
C) draft and review pleadings
D) All of these choices.
Answer: D
Q3) An attorney can commingle his own personal assets with property belonging to a client as long as the attorney keeps accurate records.
A)True
B)False
Answer: False
Q4) Written fee agreements are often called ________ agreements.
Answer: retainer
Q5) Client funds must always be kept in the attorney's ________ account.
Answer: trust
To view all questions and flashcards with answers, click on the resource link above. Page 5
Chapter 4: Investigation and Evidence
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48275
Sample Questions
Q1) If Saldivar gives Berkshire the names of individuals who worked with him on the Greenwood premises, Berkshire should contact these individuals by phone to determine if they have any relevant information regarding the Saldivar case.
A)True
B)False
Q2) ________ evidence is evidence that a witness personally observed and that, if believed, directly establishes a fact.
Q3) A rule of law that allows the trier of fact to draw an inference that, because one fact has been established by traditional evidence, another fact also exists is known as a(n)
Q4) Berkshire should send a letter on behalf of Schneider & Castillo directly to Greenwood Properties, requesting the names and addresses of all parties who leased the premises during the past 50 years.
A)True
B)False
Q5) ________ evidence is evidence that is not based on personal observation but that does lead a judge or jury to infer a particular conclusion about a disputed fact.
To view all questions and flashcards with answers, click on the resource link above.
Page 6
Chapter 5: The Complaint
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48276
Sample Questions
Q1) All complaints filed in federal court must expressly state a cause of action.
A)True
B)False
Q2) A plaintiff is usually allowed to amend a complaint ________.
A) at any time by simply filing an amended complaint
B) only as long as the defendant has not filed an answer
C) only if the plaintiff has obtained a prior court order
D) if all other parties have stipulated in writing that the complaint can be amended
Q3) Punitive damages are also referred to as exemplary damages.
A)True
B)False
Q4) All complaints contain ________, which are statements describing the contentions and defenses of the parties to the lawsuit.
Q5) Service of a complaint and summons on a corporation is accomplished by serving
A) any director of the corporation
B) any employee of the corporation
C) the agent for service of process
D) Both a and c.
To view all questions and flashcards with answers, click on the resource link above. Page 7
Chapter 6: Responses to the Complaint
Available Study Resources on Quizplus for this Chatper
34 Verified Questions
34 Flashcards
Source URL: https://quizplus.com/quiz/48277
Sample Questions
Q1) A default judgment against a defendant can be set aside ________.
A) automatically if the defendant files an affidavit within one year showing that the default judgment was entered because of a mistake, inadvertence, or excusable neglect
B) if the plaintiff stipulates that it may be set aside
C) only if the defendant makes a motion to set aside the default
D) only if the defendant was a minor, incompetent, or in the military at the time the default judgment was entered
Q2) In state court, all pleadings, including the answer, must be verified.
A)True
B)False
Q3) Courts generally permit parties against whom a default judgment was entered to petition the court to set it aside.
A)True
B)False
Q4) A copy of the answer must be personally served on the plaintiff.
A)True
B)False
Q5) To obtain a default judgment, the plaintiff must ________ his or her claim.
Q6) Counterclaims that must be asserted or lost are known as ________.
Page 8
To view all questions and flashcards with answers, click on the resource link above.
Chapter 7: Motion Practice
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48278
Sample Questions
Q1) An affidavit ________.
A) is a statement under penalty of perjury, sworn to before a notary or other person authorized to administer an oath
B) describes the factual basis for making a motion
C) describes the factual basis for opposing a motion
D) All of these choices.
Q2) An order shortening time is often the result of an ex parte motion.
A)True
B)False
Q3) Sanctions imposed for making a frivolous motion usually take the form of an award of attorney fees.
A)True
B)False
Q4) Under the Federal Rules of Civil Procedure, a moving party is required to give 10 days' notice of the hearing on a motion.
A)True
B)False
Q5) A document setting forth a legal argument in support of or in opposition to a motion is called a(n) ________.
To view all questions and flashcards with answers, click on the resource link above. Page 9
Chapter 8: Overview of the Discovery Process
Available Study Resources on Quizplus for this Chatper
34 Verified Questions
34 Flashcards
Source URL: https://quizplus.com/quiz/48279
Sample Questions
Q1) The attorney-client privilege may be lost or waived by the client ________.
A) if the client does not intend the communication to be confidential
B) if the client discloses the communication to others or if a third party not related to the client is present during an attorney-client discussion
C) if in a multi-jurisdictional case, an associate attorney from a foreign nation owes loyalty to the nation rather than to the client
D) All of these choices.
Q2) Discovery is the legal process by which the parties to a lawsuit search for relevant facts.
A)True
B)False
Q3) A relatively inexpensive type of discovery is the ________.
A) oral deposition
B) interrogatory
C) request for production
D) request for a physical or mental examination
Q4) A meeting held between the judge and counsel for all parties prior to trial is known as a(n) ________.
Q5) The attorney-client privilege is a privilege that belongs to the ________.
To view all questions and flashcards with answers, click on the resource link above. Page 10
Chapter 9: Depositions
Available Study Resources on Quizplus for this Chatper
33 Verified Questions
33 Flashcards
Source URL: https://quizplus.com/quiz/48280
Sample Questions
Q1) Donaldson may assist Stein by asking Mitchell questions at the deposition.
A)True
B)False
Q2) The written copy of a deposition is known as a(n) ________.
Q3) The individual who places a deponent under oath is ________.
A) the examining attorney
B) the court reporter
C) the bailiff
D) None of these choices.
Q4) In federal court, the use of depositions is regulated by Rules ________ of the Federal Rules of Civil Procedure.
Q5) The Federal Rules require that formal notice of a deposition be given to the deponent and to each party.
A)True
B)False
Q6) One primary disadvantage of the oral deposition is that it is inconvenient.
A)True
B)False
Q7) The legal means for securing the presence of a witness for a deposition is a(n)
To view all questions and flashcards with answers, click on the resource link above. Page 11
Chapter 10: Interrogatories
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48281
Sample Questions
Q1) A disadvantage of interrogatories is that they ________.
A) are limited to the parties in a lawsuit
B) lack spontaneity
C) alert the opposition to the direction of the case
D) All of these choices.
Q2) If Blackwell learns after answering interrogatories that an interrogatory was incorrect when made, the interrogatory answers must be supplemented.
A)True
B)False
Q3) Interrogatories may be used to ________.
A) determine the party's contentions
B) locate relevant documents
C) disclose the identities of both the lay and expert witnesses that an attorney intends to call at trial
D) All of these choices.
Q4) At the end of a set of interrogatories, a(n) ________ paragraph can be used to request any information relevant to the lawsuit.
Q5) Unlike depositions, interrogatories cannot be served on ________ witnesses involved in a lawsuit.
To view all questions and flashcards with answers, click on the resource link above. Page 12
Chapter 11: Physical and Mental Examinations
Available Study Resources on Quizplus for this Chatper
34 Verified Questions
34 Flashcards
Source URL: https://quizplus.com/quiz/48282
Sample Questions
Q1) Notice must be given to Moffett of the request for a physical examination of Austin.
A)True
B)False
Q2) A physical or mental examination is the examination of a party in a lawsuit to determine factual information about the physical or mental condition of that party.
A)True
B)False
Q3) The judge must enter the proposed order for the motion for a compulsory examination of Moffett as it is drafted by Jefferson's attorney.
A)True
B)False
Q4) The court will decide that good cause exists to order a physical or mental examination only if the same information cannot be found in any other way.
A)True
B)False
Q5) A physical or mental examination ordered by the court is known as a(n) ________ examination.
To view all questions and flashcards with answers, click on the resource link above.
Page 13
Chapter 12: Request for Documents
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48283
Sample Questions
Q1) In a document request, which of the following forms of ESI are not discoverable?
A) Data stored on laptops
B) Data stored on desktop PCs
C) Data stored on portable hard drives
D) None of these choices.
Q2) Interrogatories are best used at an early stage in the discovery process to help an attorney determine what documents are available for a later document production request.
A)True
B)False
Q3) The Jackson Municipal Airport Board may produce documents in lieu of answering a particular interrogatory.
A)True
B)False
Q4) Documents reflecting communications to and from both inside and outside counsel are afforded the attorney-client privilege.
A)True
B)False
Q5) A log used to track documents is known as a(n) ________.
To view all questions and flashcards with answers, click on the resource link above. Page 14
Chapter 13: Request for Admission
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48284
Sample Questions
Q1) A request for admission that asks a party to admit to two or more facts in one statement is known as a(n) ________ request.
Q2) A request for admission can be made ________.
A) with the service of complaint and summons
B) toward the end of the discovery process
C) at any time
D) All of these choices.
Q3) The primary purpose of the request for admission is to ________ a lawsuit by reducing the number and nature of the points in controversy.
Q4) If Midwest Computer does not deny a request in writing or give a reason why it cannot admit or deny the request, the statement is deemed admitted.
A)True
B)False
Q5) An alternative response to a request for admission is a(n) ________.
A) admission or denial
B) refusal to either admit or deny
C) objection
D) All of these choices.
To view all questions and flashcards with answers, click on the resource link above. Page 15
Chapter 14: Settlements, Dismissals, and Alternative Dispute
Resolution
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48285
Sample Questions
Q1) A factor or factors that should be considered before deciding to settle a case is/are
A) time and money
B) the court's prior decisions in similar cases
C) the subsequent tactics of the other party's attorney
D) All of these choices.
Q2) A general release cancels all claims that a party has in a case.
A)True
B)False
Q3) If the client does not approve the settlement, the attorney cannot agree to it, no matter how lucrative and beneficial it might be.
A)True
B)False
Q4) A stipulated dismissal with prejudice means that the claim ________.
A) can be brought to court again in the future
B) cannot be brought to court again in the future
C) has no merit
D) None of these choices.
Q6) Generally, an offer to settle originates with the ________. Page 16
Q5) Probably the most common method of resolving disputes is ________.
To view all questions and flashcards with answers, click on the resource link above.
Page 17
Chapter 15: Trial Techniques
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48286
Sample Questions
Q1) One task Rodger may undertake in the trial is examining Jackson's witness.
A)True
B)False
Q2) A shadow jury is ________.
A) another name for the actual jury
B) a jury selected by the law firm or outside consulting firm
C) a panel of typical jurors who participate in the mock jury
D) None of these choices.
Q3) The trial notebook is a binder that contains, in complete or summary form, everything necessary to prosecute or defend a case.
A)True
B)False
Q4) A group of independent individuals chosen before the trial to reflect the probable makeup of the actual jury is a ________.
A) shadow jury
B) mock jury
C) jury panel
D) None of these choices.
Q5) ________ is the process by which the jurors are questioned to determine bias.
To view all questions and flashcards with answers, click on the resource link above. Page 18
Chapter 16: Posttrial Practice
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48287
Sample Questions
Q1) A posttrial ________ is a separate but ancillary proceeding that is filed to permit a judgment creditor to collect assets from a third party who holds assets belonging to the judgment debtor.
Q2) After a trial has ended, a dissatisfied party may file ________.
A) a notice of appeal
B) a motion for a new trial
C) Either a or b.
D) None of these choices.
Q3) An appellant against whom a money judgment was rendered is often required to file a(n) ________ bond to stay enforcement of the judgment pending the appeal.
Q4) Except by permission of the court or local court rules, the maximum length of the principal brief is ________ pages.
A) 24
B) 30
C) 75
D) 100
Q5) A motion for a new trial must be brought within 10 days of the day a trial ends.
A)True
B)False
To view all questions and flashcards with answers, click on the resource link above. Page 19