01 May Question1. The focus in civil litigation is to
Question
1. The focus in civil litigation is to
A. punish the wrongdoer.
B. compensate the victim.
C. deter future wrongdoing.
D. win punitive damages.
2. Evidence is competent if
A. it’s based on a strongly held opinion.
B. it’s common knowledge.
C. it consists of sensory observation.
D. it’s believable to the jury.
3. Which one of the following is acquired by serving a summons and complaint upon a defendant?
A. Personal jurisdiction
B. Removal jurisdiction
C. Concurrent jurisdiction
D. Limited jurisdiction
4. Attorneys and paralegals should begin identifying potential claims and defenses during the
A. initial interview. C. appeal.
B. trial. D. settlement.
5. An attorney is trying a criminal case, but isn’t sure what level of burden is required in criminal court. Which one of the following does the attorney have to meet?
A. Preponderance of the evidence C. Clear and convincing evidence
B. Beyond a reasonable doubt D. Innocent until proven guilty
6. A claim is filed by the defendant against the plaintiff. Attorney A says that the defendant has filed a counterclaim. Attorney B says the defendant has filed a cross-claim. Which one of the attorneys is correct?
A. Attorney A is correct. C. Neither attorney is correct.
B. Attorney B is correct. D. Both attorneys are correct.
7. Notice of a motion must be given to opposing counsel in all cases except a/an
A. motion for temporary orders.
B. motion to amend pleadings.
C. ex parte motion.
D. Notice to opposing counsel is always required.
8. Which one of the following would be the best method of obtaining judgment from a debtor who works but doesn’t own any assets?
A. Writ of execution C. Garnishment
B. Judgment lien D. Receivership
9. Which one of the following choices is a voluntary alternative dispute resolution?
A. Arbitration C. Injunction
B. Pleading D. Mediation
10. Which one of the following choices introduces new matter that causes the plaintiff to lose even if the factual allegations of the complaint are true?
A. Affirmative defense C. In rem jurisdiction
B. Ex parte motion D. Supersedeas bond
11. Which one of the following serves the purpose of persuading another party to resolve a claim before trial?
A. Trial notebook C. Initial interview
B. Settlement brochure D. Notice of appeal
12. Suppose a trial is nearing its end, and the attorneys are awaiting the jury’s decision. An attorney wants to make a last settlement attempt before the jury returns its verdict. Attorney A says it’s too late for settlement because the jury has already gone to deliberate. Attorney B says the attorney can make the settlement offer if it’s first presented to the jury. Which one of the attorneys is correct?
A. Attorney A is correct. C. Both attorneys are correct.
B. Attorney B is correct. D. Neither attorney is correct.
13. Suppose a judge made errors during a trial. Although the outcome probably would have been the same if the errors hadn’t occurred, a party wants to appeal. What is the most likely outcome?
A. The party would win the appeal because any mistakes made are in opposition to the innocent until proven guilty guarantee.
B. The judge would be investigated for a miscarriage of justice.
C. The decision would be reversed because the mistake is a question of fact.
D. The decision wouldn’t be reversed because the error must be important enough to change the outcome of the case.
14. The appropriate time to determine the applicable statute of limitations is
A. before taking the case.
B. after taking the case but before filing it.
C. anytime before serving the summons.
D. anytime prior to a motion to dismiss.
15. Both a lay witness and an expert witness can give opinions under certain circumstances. A lay witness can give opinions concerning only
A. settlement negotiations.
B. observations that don’t require expertise.
C. the witness’s state of mind.
D. communications that are privileged.
16. Suppose a state and federal court both have subject matter jurisdiction over a case. The federal court then transfers the case from the state court to federal court. Which two types of jurisdiction are described in this example?
A. Exclusive jurisdiction and general jurisdiction
B. Concurrent jurisdiction and removal jurisdiction
C. Personal jurisdiction and in rem jurisdiction
D. Limited jurisdiction and supplemental jurisdiction
17. Papers to be filed with the court are received by the
A. court clerk. C. marshall.
B. judge. D. court reporter.
18. Appellate courts review the actions of the trial courts
A. for legal errors. C. to retry a case.
B. to substitute their own decision. D. for questions of fact.
19. Which of the following would be a valid reason to overturn an arbitrator’s decision?
A. Obvious bias C. Arbitrator personality
B. Displeasure with the decision D. Improper notice of appeal
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