Pre-Law Test Bank
Course Introduction
Pre-Law is an interdisciplinary course designed to introduce students to the foundational principles and practices of law, preparing them for future studies in legal education. The curriculum covers the structure of the legal system, basic legal terminology, ethical issues in law, and the role of law in society. Students will engage in critical thinking, analysis of landmark cases, mock trials, and legal research, gaining insight into the skills necessary for success in law school. Emphasis is placed on developing logical reasoning, persuasive writing, and oral advocacy abilities, providing a comprehensive overview of the pathways and requirements for pursuing a career in law.
Recommended Textbook
Civil Litigation 7th Edition by Peggy Kerley
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16 Chapters
555 Verified Questions
555 Flashcards
Source URL: https://quizplus.com/study-set/2430 Page 2
Chapter 1: Litigation and the Paralegal
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35 Verified Questions
35 Flashcards
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Sample Questions
Q1) Litigation paralegals often rely on form books and forms files.
A)True
B)False
Answer: True
Q2) Most aspects of civil litigation occur in the courtroom.
A)True
B)False
Answer: False
Q3) After the parties have filed appropriate documents, litigation proceeds with ________, a part of the case where the parties try to find out as much as they can about the other side's case.
Answer: discovery
Q4) A law that creates, defines, or explains an individual's rights is known as ________.
Answer: substantive law
Q5) A defendant often challenges the factual allegations of a complaint with a(n) ________.
Answer: answer
Q6) Paralegals cannot give ________ advice to parties.
Answer: legal
Page 3
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Chapter 2: The Courts and Jurisdiction
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35 Verified Questions
35 Flashcards
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Sample Questions
Q1) The authority that a court has to hear a particular type of case is known as ________ jurisdiction.
A) subject matter
B) personal
C) in rem
D) quasi in rem
Answer: A
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) A three-judge panel is usually found in ________.
A) U.S. district courts
B) U.S. courts of appeals
C) U.S. Supreme Court
D) All of these choices.
Answer: B
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Page 4
Chapter 3: Preliminary Considerations and Procedures
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35 Verified Questions
35 Flashcards
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Sample Questions
Q1) Claim statutes commonly apply when ________.
A) a lawsuit results from an automobile accident
B) the defendant in a lawsuit is a governmental entity
C) the plaintiff in a lawsuit is a governmental entity
D) Both b and c are present.
Answer: B
Q2) Time limitations in equitable cases are often affected by the principle of ________, which is based on the concept of fairness.
Answer: laches
Q3) In lieu of statutes of limitations, lawsuits against governmental entities must meet time requirements found in ________ statutes.
Answer: claim
Q4) Litigation paralegals need not be concerned with ethical problems because various canons of ethics and rules of professional conduct apply only to attorneys.
A)True
B)False
Answer: False
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5
Chapter 4: Investigation and Evidence
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35 Verified Questions
35 Flashcards
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Sample Questions
Q1) Copies of a client's medical records can be obtained with a written release signed by the client.
A)True
B)False
Q2) 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
Q3) The name and address of an agent for service of process for a corporation can usually be obtained from ________.
A) the court in which the action is pending
B) the recorder's office
C) the secretary of state's office
D) All of these choices.
Q4) 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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35 Verified Questions
35 Flashcards
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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) A court order requiring that a party take some action or refrain from certain conduct, issued by a court without a formal hearing at the beginning of a lawsuit, is known as
A) a temporary restraining order
B) a preliminary injunction
C) a permanent injunction
D) declaratory relief
Q3) Courts generally take a liberal attitude in determining the legal sufficiency of pleadings.
A)True
B)False
Q4) The phrase "doing business as" refers to a business that uses a(n) ________.
Q5) The real parties in interest for a partnership are ________.
Page 7
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Chapter 6: Responses to the Complaint
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Sample Questions
Q1) Courts generally permit parties against whom a default judgment was entered to petition the court to set it aside.
A)True
B)False
Q2) The caption in an answer filed by the dealership should read: "Dan's Dealership, defendant, vs. Sakata, plaintiff."
A)True
B)False
Q3) A response to a counterclaim is known as a(n) ________.
A) answer
B) response
C) reply
D) affirmative defense
Q4) Defendants are required to have a new summons issued when they file a ________.
A) counterclaim
B) cross-claim
C) third-party complaint
D) All of these choices.
Q5) To obtain a default judgment, the plaintiff must ________ his or her claim.
Q6) Counterclaims that must be asserted or lost are known as ________.
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Chapter 7: Motion Practice
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Sample Questions
Q1) 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
Q2) Motions made at the beginning of a trial, outside the hearing of the jury, usually addressing evidentiary issues are known as ________ motions.
Q3) Except for motions made during the ________, motions are required to be written, filed in court, and served on opposing attorneys.
Q4) Sometimes, after reviewing all of the papers in support of or in opposition to a motion, a judge will issue a(n) ________ ruling prior to the court hearing.
Q5) 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
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Page 9
Chapter 8: Overview of the Discovery Process
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34 Verified Questions
34 Flashcards
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Sample Questions
Q1) An unethical discovery tactic is ________.
A) destruction of a damaging document by an attorney
B) falsifying evidence or helping someone else falsify evidence
C) making a discovery request that is unwarranted or requesting much more information than is really necessary for the case
D) All of these choices.
Q2) Sanderson's former boss may destroy internal personnel records reflecting that Sanderson was an outstanding employee.
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) 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
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Chapter 9: Depositions
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33 Verified Questions
33 Flashcards
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Sample Questions
Q1) A deposition does not commit a deponent to one oral version of the facts.
A)True
B)False
Q2) A written abridgement of a deposition that condenses the question-answer period down to a concisely written, understandable account is a(n) ________.
Q3) In determining how far a deponent can be required to travel to a deposition, Rule ________ of the Federal Rules of Court Procedures must be consulted.
A) 12
B) 26
C) 45
D) 97
Q4) A deposition at which the person giving the deposition is actually present is known as a(n) ________ deposition.
Q5) To make sure that most time limits end on a weekday, the discovery time periods were altered to include only multiples of ________.
Q6) One primary disadvantage of the oral deposition is that it is inconvenient.
A)True
B)False
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Chapter 10: Interrogatories
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35 Verified Questions
35 Flashcards
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Sample Questions
Q1) Interrogatories offer the advantages of being simple, inexpensive, and ________.
Q2) Under the Federal Rules of Civil Procedure, parties are not permitted to ask more than ________ interrogatories.
Q3) If Lancaster fails to answer interrogatories in 30 days, a motion to compel may be filed.
A)True
B)False
Q4) Interrogatories may not be used to impeach a witness at the time of trial.
A)True B)False
Q5) Written questions submitted by one party in a lawsuit to another party in that suit are known as ________.
Q6) At the end of a set of interrogatories, a(n) ________ paragraph can be used to request any information relevant to the lawsuit.
Q7) Multiple sets of interrogatories cannot be served on the parties to a lawsuit.
A)True B)False
Q8) Once served with interrogatories under the Federal Rules of Civil Procedure, a party has ________ days to respond.
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Chapter 11: Physical and Mental Examinations
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34 Verified Questions
34 Flashcards
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Sample Questions
Q1) Physical and mental examinations invade the privacy of the person submitting to the examination.
A)True
B)False
Q2) 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.
Q3) Jefferson must prove that good cause exists and that there is a condition in controversy before the judge will order a physical examination of Moffett and Austin.
A)True
B)False
Q4) Most physical and mental examinations are scheduled by the ________ consent of the parties to the lawsuit
Q5) In law, a substantial reason for taking action is known as a(n) ________ cause.
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Page 13
Chapter 12: Request for Documents
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Sample Questions
Q1) A type of document production is ________ production.
A) warehouse
B) broad
C) limited
D) All of these choices.
Q2) 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.
Q3) The term redact is synonymous with ________.
A) duplicate
B) delete
C) copy
D) replace
Q4) Documents must be produced ________.
A) in the order of the documents' dates
B) in the order they are kept in the usual course of business
C) according to the categories specified in the document request
D) Either b or c.
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Chapter 13: Request for Admission
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Sample Questions
Q1) Lucky Computer Supply Co. may be required to answer a request for admission by Holloway.
A)True
B)False
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) The request for admission may be used to authenticate the genuineness of a document.
A)True
B)False
Q4) A request for admission can be ignored or overlooked.
A)True
B)False
Q5) Midwest Computer has only two choices in responding to a request for admission-admit or deny.
A)True
B)False
Q6) An admission that is placed into evidence and that can be presented to the court at the time of trial is known as a(n) ________ admission.
Page 15
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Chapter 14: Settlements, Dismissals, and Alternative Dispute Resolution
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Sample Questions
Q1) The objective and contents of a settlement summary, settlement letter, and settlement brochure are basically the same.
A)True
B)False
Q2) Considerations that go beyond the facts and merits of a case but still have a real impact on the decision to settle are known as ________.
Q3) Any settlement agreement between the Martins and the Sports and Recreation Center must meet all the legal requirements of a contract.
A)True
B)False
Q4) The Martins' attorney may not accept a settlement on their behalf unless it is acceptable to the Martins.
A)True
B)False
Q5) Drafting settlement summaries and settlement letters is an important part of the settlement process.
A)True
B)False
Page 16
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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) The only task relating to witnesses listed below that the paralegal may not perform is ________.
A) examining or cross-examining the witness during trial
B) subpoenaing a witness for trial
C) communicating with the witness
D) All of these choices.
Q3) One task Rodger may undertake in the trial is examining Jackson's witness.
A)True
B)False
Q4) The jury profile is a summary of the composite characteristics of a typical jury in a particular court.
A)True
B)False
Q5) The paralegal should schedule a meeting with the court clerk and the court reporter before the trial.
A)True
B)False
Page 17
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Chapter 16: Posttrial Practice
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Sample Questions
Q1) The ________ is responsible for transmitting the record and a certified copy of the docket entries to the court of appeals..
A) paralegal
B) court reporter
C) district court clerk
D) appellant's attorney
Q2) An appeal automatically stays or halts the judgment or the execution of the judgment in the lower court.
A)True
B)False
Q3) Champion could have asked the lower court to have the verdict and judgment set aside by filing a motion for a new trial.
A)True
B)False
Q4) The two briefs filed by an appellant in an appeal are the appellant's brief and the ________ brief.
Q5) Champion Chevrolet is the appellee.
A)True
B)False
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