Civil Procedure Review Questions
Course Introduction
Civil Procedure is a foundational course in law that examines the rules and principles governing how civil lawsuits are initiated, processed, and resolved in court. It covers key topics such as jurisdiction, pleadings, motions, pretrial procedures, discovery, trial processes, judgments, and the right to appeal. Emphasis is placed on the structure and function of the court system, the roles of parties and attorneys, and how procedural rules ensure fairness and efficiency in the resolution of disputes. The course prepares students to navigate the complexities of litigation and develop strategies for effective advocacy within the U.S. legal system.
Recommended Textbook
Civil Litigation 7th Edition by Peggy Kerley
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16 Chapters
555 Verified Questions
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Page 2
Chapter 1: Litigation and the Paralegal
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Sample Questions
Q1) Litigation formally begins when a plaintiff files in court a written document known as a(n) ________.
Answer: complaint
Q2) The most common method of resolving civil disputes is settlement.
A)True
B)False
Answer: True
Q3) Which of the following could not be resolved through civil litigation?
A) A real estate problem
B) A contract dispute
C) The commission of a murder
D) A dispute over injuries resulting from an automobile accident
Answer: C
Q4) Law books that contain the actual law itself are referred to as ________.
A) form books
B) primary sources
C) secondary sources
D) legal encyclopedias
Answer: B
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Chapter 2: The Courts and Jurisdiction
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Sample Questions
Q1) Venue is a type of jurisdiction.
A)True
B)False
Answer: False
Q2) To request a hearing in the Supreme Court, a party generally files a ________.
A) complaint
B) brief
C) petition for writ of certiorari
D) memorandum of points and authorities
Answer: C
Q3) Trial courts within state court systems are all referred to as district courts.
A)True
B)False
Answer: False
Q4) 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
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Chapter 3: Preliminary Considerations and Procedures
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Sample Questions
Q1) Ogawa and Robles are most likely handling this case on a contingent fee basis.
A)True
B)False
Answer: False
Q2) The American Bar Association has adopted ethical standards for attorneys known as Model ________.
Answer: Rules of Professional Conduct
Q3) Cloud computing creates ethical questions related to client confidentiality.
A)True
B)False
Answer: True
Q4) Assume that Fenton once worked for the law firm of Ogawa and Robles, although he never worked on any cases involving DiSalvo. This would create a conflict of interest, and Fenton should not be allowed to work on the Kramer case.
A)True
B)False
Answer: False
Q5) Client funds must always be kept in the attorney's ________ account. Answer: trust
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Chapter 4: Investigation and Evidence
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Sample Questions
Q1) 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
Q2) Copies of a client's medical records can be obtained with a written release signed by the client.
A)True
B)False
Q3) A paralegal should make certain that a written statement from a witness be thorough and complete, as it will probably be introduced as evidence at trial if the witness is unavailable.
A)True
B)False
Q4) An evidence log enables one to maintain an accurate record of physical evidence, including any transfer of ________.
Q5) As soon as an attorney learns that his or her client might be sued, the attorney should advise the client to preserve all documents related to the suit. This is known as a(n) ________.
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Chapter 5: The Complaint
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Sample Questions
Q1) Before filing a complaint electronically in federal court, which of the following is not required?
A) The filing attorney must register with PACER and CM/ECF and obtain a special log-on password.
B) The complaint must be prepared in a PDF format.
C) The filing attorney must have the written consent of the defendant.
D) The payment of filing fees must be arranged.
Q2) When parties in a lawsuit are required to be joined, they are sometimes referred to as indispensable parties.
A)True
B)False
Q3) When a complaint is filed, the court assigns a(n) ________ number.
Q4) The attorney's signature at the end of a complaint is called a(n) ________.
Q5) Technical rules regarding form and content of pleadings are often found in
A) case law
B) form books
C) local rules of court
D) state constitutions
Q6) Before a class action lawsuit can proceed, a judge must ________ the class.
Page 7
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Chapter 6: Responses to the Complaint
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Sample Questions
Q1) The caption in an answer filed by the dealership should read: "Dan's Dealership, defendant, vs. Sakata, plaintiff."
A)True
B)False
Q2) A cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint.
A)True
B)False
Q3) In federal court, a stipulation enlarging time in which to respond to a complaint must be approved by the court.
A)True
B)False
Q4) If a defendant has not waived service of process under Rule 4 and the party is not the U.S. government or a federal agency, that defendant has ________ days in which to respond to the complaint.
Q5) If a defendant waives service of process under Rule4, that defendant has ________ days in which to file a response, if the defendant resides within the United States.
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Chapter 7: Motion Practice
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Sample Questions
Q1) If a motion is served by mail, electronically, or by fax, ________ days must be added to the 14-day notice requirement.
Q2) If Salazar's attorney makes a motion to set aside the default, the best person to prepare and sign an affidavit in support of this motion would be Salazar.
A)True
B)False
Q3) A motion in which the moving party claims that the pleadings themselves indicate that no controverted issues exist and that judgment can be entered for only one party is known as a ________.
A) motion for summary judgment
B) motion to strike the pleadings
C) motion for judgment on the pleadings
D) motion for more definite statement
Q4) An affidavit in support of a motion is always made by the moving party or the attorney for the moving party.
A)True
B)False
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9
Chapter 8: Overview of the Discovery Process
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Sample Questions
Q1) The attorney-client privilege may be lost or waived by Sanderson if she did not intend that a communication to her attorney be confidential.
A)True
B)False
Q2) One of the primary objectives of discovery is to prevent one of the parties from winning the lawsuit by surprise or trickery.
A)True
B)False
Q3) The common interest privilege protects written notes, printed memos, and ________ exchanged among attorneys whose clients have a common interest.
Q4) Limits on the discovery process include ________.
A) the attorney-client privilege
B) the work product privilege
C) the Fifth Amendment privilege against self-incrimination
D) All of these choices.
Q5) A strategy that employs certain processes to retrieve, examine, analyze, and authenticate ESI is known as ________.
Q6) The attorney-client privilege is a privilege that belongs to the ________.
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Chapter 9: Depositions
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Sample Questions
Q1) The Federal Rules require that formal notice of a deposition be given to the deponent and to each party.
A)True
B)False
Q2) Donaldson may assist Stein by asking Mitchell questions at the deposition.
A)True
B)False
Q3) Three types of deposition summaries are the page-line, topical, and chronological.
A)True
B)False
Q4) An attorney is permitted to ask the deponent questions in a deposition that could not be asked at trial because these questions seek evidence that is not admissible.
A)True
B)False
Q5) A deposition does not commit a deponent to one oral version of the facts. A)True
B)False
Q6) The written copy of a deposition is known as a(n) ________.
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Chapter 10: Interrogatories
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Sample Questions
Q1) The time limit imposed for a response to interrogatories can be shortened or lengthened by order of the court or by a(n) ________ agreement by the parties.
Q2) If Lancaster fails to answer interrogatories in 30 days, a motion to compel may be filed.
A)True
B)False
Q3) The definition section of a set of interrogatories can ________.
A) establish the meanings of often-used words
B) help conserve space
C) help shorten questions
D) All of these choices.
Q4) Multiple sets of interrogatories cannot be served on the parties to a lawsuit.
A)True
B)False
Q5) Interrogatories should not be served until the parties have initially met and conferred about the discovery process as required under Rule ________.
Q6) At the end of a set of interrogatories, a(n) ________ paragraph can be used to request any information relevant to the lawsuit.
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Chapter 11: Physical and Mental Examinations
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Sample Questions
Q1) In law, a substantial reason for taking action is known as a(n) ________ cause.
Q2) Because of his age, the court will not require that Austin submit to a physical examination.
A)True B)False
Q3) A physical or mental examination ordered by the court is known as a(n) ________ examination.
Q4) In which of the following scenarios would a motion for a compulsory mental or physical examination not be granted?
A) If a plaintiff claims to be the victim of intentionally caused emotional distress
B) If a plaintiff is asked to undergo a mental examination and no mental or emotional injuries have been alleged
C) If the physical or mental condition to be examined by the medical professional is not in controversy
D) Either b or c.
Q5) Physical and mental examinations in federal court are controlled by Rule ________ of the Federal Rules of Civil Procedure.
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13
Chapter 12: Request for Documents
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Sample Questions
Q1) The documents that must be produced by a request for documents are known as ________ documents.
Q2) 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.
Q3) A log listing all documents identified as being protected from discovery under privilege is known as a(n) ________.
Q4) The term redact is synonymous with ________.
A) duplicate
B) delete
C) copy
D) replace
Q5) The secrecy of documents may be assured by ________.
A) a protective order
B) a confidentiality order
C) Either a or b.
D) None of these choices.
Q6) Documents protected by a privilege are known as ________ documents.
Page 14
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Chapter 13: Request for Admission
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Sample Questions
Q1) A request that asks a party to admit in a single statement the truthfulness of two or more facts is called a(n) ________ request.
A) inadmissible
B) compound
C) common interest
D) irrelevant
Q2) The request for admission is limited to facts and opinions.
A)True
B)False
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) The request for admission can be served with the summons and complaint. A)True B)False
Q5) According to Rule 36 of the Federal Rules of Civil Procedure, a request for admission may be served on a(n) ________.
Q6) A request for admission can be ignored or overlooked. A)True B)False
Page 15
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Chapter 14: Settlements, Dismissals, and Alternative Dispute Resolution
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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) Once a civil complaint has been filed in court, alternative dispute resolution stops.
A)True
B)False
Q3) A release should include ________.
A) the identities of the parties
B) the action that gives rise to the claim
C) consideration for release
D) All of these choices.
Q4) To prevent the Martins from bringing another lawsuit, a stipulated dismissal with prejudice should be prepared.
A)True
B)False
Page 16
Q5) Probably the most common method of resolving disputes is ________.
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Chapter 15: Trial Techniques
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Sample Questions
Q1) According to the Federal Rules of Civil Procedure, once a case has been placed on the trial calendar, pleadings ________.
A) cannot be amended
B) can be amended
C) can be amended only with the permission of the court or with the written consent of the opposing party
D) None of these choices.
Q2) A witness who has been subpoenaed to testify at trial and produce documents may ________.
A) object to the document request within 10 days of service
B) not object to the document request
C) simply fail to produce the documents
D) None of these choices.
Q3) Preliminary preparation for trial in which the paralegal may be involved includes ________.
A) file organization
B) amending the pleadings
C) maintaining the trial notebook
D) All of these choices.
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Page 17
Chapter 16: Posttrial Practice
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Sample Questions
Q1) 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.
Q2) A motion for a new trial must be served on the opposing party under the Federal Rules of Civil Procedure ________.
A) within 10 days of the entry of judgment
B) within 20 days after the close of the trial
C) within 20 days after the entry of judgment
D) prior to the entry of judgment
Q3) A notice of appeal must be filed within 60 days if the U.S. government or one of its agencies or officers is a party to the case.
A)True
B)False
Q4) 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.
Q5) Champion Chevrolet is the appellee.
A)True
B)False
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