Introduction to Civil Procedure Practice Questions
Course Introduction
Introduction to Civil Procedure offers students a comprehensive overview of the rules and principles governing the process of civil litigation in the court system. The course covers topics such as jurisdiction, pleadings, motions, discovery, pretrial procedures, trial processes, judgments, and the appellate review. Emphasizing both federal and state procedural rules, the course introduces students to the structure and function of civil courts, the roles of parties and attorneys, and the strategies that shape modern civil litigation. This foundational course equips students with the analytical tools necessary to navigate and critically evaluate the procedural aspects essential to the administration of justice in civil cases.
Recommended Textbook
Civil Litigation 7th Edition by Peggy Kerley
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555 Verified Questions
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Page 2
Chapter 1: Litigation and the Paralegal
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Sample Questions
Q1) The most common method of resolving civil disputes is settlement.
A)True
B)False
Answer: True
Q2) The rules of civil procedure differ substantially from the rules of criminal procedure.
A)True
B)False
Answer: True
Q3) Which of the following skills are needed by paralegals?
A) An ability to communicate orally and in writing
B) Organizational and analytical skills
C) Technology expertise
D) All of these choices.
Answer: D
Q4) Litigation formally begins when a plaintiff files in court a written document known as a(n) ________.
Answer: complaint
Q5) Laws that deal with private disputes between parties are known as ________ laws. Answer: civil
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Chapter 2: The Courts and Jurisdiction
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Sample Questions
Q1) In a federal case, trials generally occur in the ________.
A) district court
B) courts of appeal
C) Supreme Court
D) All of these choices.
Answer: A
Q2) Before proceeding with a case, the court must have either subject matter or personal jurisdiction.
A)True
B)False
Answer: False
Q3) The role of the appellate court includes ________.
A) determining the credibility of witnesses at the trial level
B) reevaluating the factual determinations made by the trial court
C) determining if any legal errors occurred at the trial level
D) hearing testimony from important witnesses
Answer: C
Q4) When an appellate court reverses the lower court's decision and then sends it back to the trial court, it ________ the case.
Answer: remands
Page 4
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Chapter 3: Preliminary Considerations and Procedures
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Sample Questions
Q1) Which of the following never starts the running of a statute of limitations?
A) The date a wrongful act occurs
B) The date the plaintiff discovers a wrongful act
C) The date the plaintiff retains an attorney
D) All of these choices.
Answer: C
Q2) The American Bar Association has adopted ethical standards for attorneys known as Model ________.
Answer: Rules of Professional Conduct
Q3) The ultimate source for the elements of a cause of action is ________.
A) primary law (case law and statutory law)
B) secondary sources of law
C) form books
D) All of these choices.
Answer: A
Q4) Both NALA and NFPA have developed ethical guidelines to govern ________.
Answer: paralegals
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) How is evidence in the possession or control of the opposing party normally obtained?
A) With a properly executed authorization
B) Through the proper discovery process
C) With a letter from the attorney
D) Such evidence cannot be obtained.
Q2) Facts regarding a potential lawsuit are normally derived from ________.
A) the client
B) other witnesses
C) documents
D) All of these choices.
Q3) Demeanor refers to the appearance of a witness and is an important factor in determining the credibility of that witness.
A)True
B)False
Q4) 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)
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Chapter 5: The Complaint
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Sample Questions
Q1) Courts generally take a liberal attitude in determining the legal sufficiency of pleadings.
A)True
B)False
Q2) Minors and incompetents must have a(n) ________ appointed in order to pursue a lawsuit.
Q3) 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
Q4) The real parties in interest for a partnership are ________.
Q5) When parties in a lawsuit are required to be joined, they are sometimes referred to as indispensable parties.
A)True
B)False
Q6) To find information about court files in a federal court, a party should access the electronic system known as ________.
Page 7
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Chapter 6: Responses to the Complaint
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Sample Questions
Q1) A type of answer that challenges all of the allegations in a complaint is a ________ denial.
A) specific
B) general
C) qualified
D) All of these choices.
Q2) Sakata was not wearing a seat belt at the time of the accident. This fact should be alleged as an affirmative defense in an answer filed by the defendants.
A)True
B)False
Q3) If a defendant fails to answer a complaint, upon the request of the plaintiff's attorney, the court will enter a(n) ________.
Q4) A motion to dismiss filed in a federal action can challenge ________.
A) personal jurisdiction
B) subject matter jurisdiction
C) venue
D) All of these choices.
Q5) A third-party complaint and summons must be served in the same way as a(n) ________ is served.
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Chapter 7: Motion Practice
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Sample Questions
Q1) Service of moving papers in support of a motion is evidenced by a certificate of mailing.
A)True
B)False
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) If this action is filed in federal court, Salazar's attorney has 21 days from the date default was entered in which to file a motion to set aside the default.
A)True
B)False
Q5) 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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Chapter 8: Overview of the Discovery Process
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Sample Questions
Q1) ESI includes most computer-generated records but excludes e-mail files.
A)True
B)False
Q2) The common interest privilege protects written notes, printed memos, and ________ exchanged among attorneys whose clients have a common interest.
Q3) A strategy that employs certain processes to retrieve, examine, analyze, and authenticate ESI is known as ________.
Q4) Interrogatories directed to Tricor are an inexpensive discovery tool.
A)True
B)False
Q5) The attorney-client privilege is a privilege that belongs to the ________.
Q6) The courts in the United States provide the same level of security for ESI as afforded by the European Union.
A)True
B)False
Q7) The decision to assert the attorney-client privilege belongs to Sanderson's attorney.
A)True
B)False
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Chapter 9: Depositions
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Sample Questions
Q1) If the attorney is present at the deposition to protect the interests of the client who is being deposed, the attorney is said to be defending the deposition.
A)True
B)False
Q2) The person placing Mitchell under oath is Stein.
A)True
B)False
Q3) A person who gives a deposition is known as a(n) ________.
Q4) Objections to questions asked of the deponent can be based on ________.
A) the attorney-client privilege
B) the work product privilege
C) the Fifth Amendment privilege against self-incrimination
D) All of these choices.
Q5) An amendment to the Federal Rules of Civil Procedure limits the amount of time that can be spent on a single deposition to a single day and a maximum of seven hours.
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) Unlike depositions, interrogatories cannot be served on ________ witnesses involved in a lawsuit.
Q2) Multiple sets of interrogatories cannot be served on the parties to a lawsuit.
A)True
B)False
Q3) Interrogatories may be used to determine an expert witness from the real estate field whom Lancaster intends to call at trial.
A)True
B)False
Q4) Interrogatories aimed at determining the nature of an opponent's computer system should specify that the term computer includes ________.
A) desktop PCs
B) laptops
C) PDAs
D) All of these choices.
Q5) Lancaster may send interrogatories to Blackwell and Jameson.
A)True
B)False
Q6) Interrogatories offer the advantages of being simple, inexpensive, and ________.
Page 12
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Chapter 11: Physical and Mental Examinations
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Sample Questions
Q1) Jefferson may require that Moffett submit to a physical examination.
A)True
B)False
Q2) Permission for a client's own physician to be present during a physical or mental examination lies within the discretion of the ________.
Q3) Reasons for allowing physical and mental examinations are ________.
A) to deter the filing of fraudulent or exaggerated lawsuits
B) to uncover inconsistencies between a plaintiff's subjective complaints and the objective nature of the injury
C) to substantiate the actual injuries of the plaintiff
D) All of these choices.
Q4) A party may be required to travel to the city where the suit has been ________ to undergo a physical or mental examination.
Q5) A major criterion in choosing an examining physician is the ________ of the party to be examined.
Q6) A physical or mental examination ordered by the court is known as a(n) ________ examination.
Q7) In law, a substantial reason for taking action is known as a(n) ________ cause.
Page 13
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Chapter 12: Request for Documents
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Sample Questions
Q1) A log used to track documents is known as a(n) ________.
Q2) If Charter is served with a request for production of documents, the documents must be produced in date order.
A)True
B)False
Q3) 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.
Q4) A request by one party in a lawsuit to the other party to allow the first party access to documents that are relevant to a suit is known as a(n) ________.
Q5) A log listing all documents identified as being protected from discovery under privilege is known as a(n) ________.
Q6) Documents in the possession of a party's tax consultant do not have to be produced.
A)True
B)False
Q7) 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 party cannot refuse to respond to a request for admission because ________
A) it lacks the information needed to make the response
B) the requesting party can obtain the information in another way
C) the request is made with the service of the summons and complaint
D) All of these choices.
Q2) The primary purpose of the request for admission is to ________ a lawsuit by reducing the number and nature of the points in controversy.
Q3) After being presented with a request for admission, a party has ________ days to respond.
Q4) Midwest Computer has only two choices in responding to a request for admission-admit or deny.
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) Midwest Computer may not refuse to answer Holloway's request for admission.
A)True
B)False
Q7) Any request for admission that is not denied is ________ admitted.
Page 15
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Chapter 14: Settlements, Dismissals, and Alternative Dispute
Resolution
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Sample Questions
Q1) A paralegal is often asked to organize and review all checks, receipts, income tax returns, and paycheck stubs furnished by the client in order to calculate the client's ________.
Q2) A multipage portfolio that seeks to compile all the information relevant to settlement negotiations is referred to as a(n) ________.
Q3) A full and final settlement utilizes a ________ release.
A) general
B) partial
C) mutual
D) Either a or b.
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.
Q5) A settlement agreement is a contract between the parties and must meet all of the legal requirements of a contract.
A)True
B)False
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Chapter 15: Trial Techniques
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Sample Questions
Q1) Most cases are not settled or dismissed before reaching the trial stage.
A)True
B)False
Q2) Rodger may be asked to interview a former employee of the partnership who has agreed to testify on Thompson's behalf.
A)True
B)False
Q3) The paralegal may be asked to assist the attorney in the jury selection.
A)True
B)False
Q4) A document often included in a trial notebook that lists an expert witness's professional credentials and publications is a(n) ________.
Q5) An important tool in the trial notebook is the ________, which lists what happened, when it happened, where it happened, and who was involved.
Q6) The jury ________ gives a narrative description of the characteristics of the ideal jury for a particular case.
Q7) According to Rule 45 of the Federal Rules of Civil Procedure, the ________ is responsible for issuing subpoenas.
17
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Chapter 16: Posttrial Practice
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Sample Questions
Q1) An individual appealing a judgment from a U.S. District Court should file the notice of appeal with the clerk of the ________ court.
Q2) The person who opposes an appeal is the appellate.
A)True
B)False
Q3) 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.
Q4) The person bringing an appeal is referred to as the appellant.
A)True
B)False
Q5) 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.
Q6) The appellate court has the authority to consider questions relating to the facts of this case.
A)True
B)False
Q7) An appeal filed by the appellee is called a(n) ________.
Page 18
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