Civil Litigation Quiz (NALA CP/CLE Exam Practice)

Question 1 of 40

1

The basic pleadings in a federal civil case include the complaint, the answer and the reply.

Select one of the following:

True
False

Explanation

Question 2 of 40

1

A civil action is commenced in federal court when the defendant is served with a summons and a copy of the complaint.

Select one of the following:

True
False

Explanation

Question 3 of 40

1

A federal court summons is issued by the plaintiff's attorney and may be served by the United State's Marshal's Office.

Select one of the following:

True
False

Explanation

Question 4 of 40

1

An attorney may issue a subpoena to a witness in a federal civil action.

Select one of the following:

True
False

Explanation

Question 5 of 40

1

Neither the court nor any of the parties ever can waive personal jurisdiction.

Select one of the following:

True
False

Explanation

Question 6 of 40

1

A state court of general jurisdiction may hear a case based upon a federal civil rights statute.

Select one of the following:

True
False

Explanation

Question 7 of 40

1

Answers to interrogatories must be verified by the party to whom they are addressed.

Select one of the following:

True
False

Explanation

Question 8 of 40

1

The time limitation for responding to a counterclaim is 20 days after the date of its service.

Select one of the following:

True
False

Explanation

Question 9 of 40

1

In federal diversity action, the plaintiff may be able to invoke the federal court's supplemental jurisdiction to file a claim against a third-party defendant.

Select one of the following:

True
False

Explanation

Question 10 of 40

1

Pretrial conferences are mandatory in federal civil litigation.

Select one of the following:

True
False

Explanation

Question 11 of 40

1

An interlocutory appeal is the method used to obtain appellate review of a discovery order prior to the time of trial.

Select one of the following:

True
False

Explanation

Question 12 of 40

1

Summary judgment exists in most state court litigation but no longer exists in federal court litigations.

Select one of the following:

True
False

Explanation

Question 13 of 40

1

The usual method of serving process on a corporation is to serve its board of directors.

Select one of the following:

True
False

Explanation

Question 14 of 40

1

If a criminal charge is pending, the defendant may not be sued in a related civil case until the criminal case is concluded.

Select one of the following:

True
False

Explanation

Question 15 of 40

1

A permissive counterclaim is one that requires the court's permission before it can be filed in a civil case.

Select one of the following:

True
False

Explanation

Question 16 of 40

1

The term "original jurisdiction" refers to the authority of a court to _____________________________.

Select one of the following:

Hear and decide cases before any other court can review the case.
Review decisions of lower courts.
Hear virtually any case that arises in a geographical territory, unless another court has exclusive jurisdiction.
Adjudicate disputes over property within a geographical territory.

Explanation

Question 17 of 40

1

At its most basic level, due process of law is intended to provide ______________________.

Select one of the following:

Adequate service of process in criminal and civil suits.
Protection against wrongs by other persons.
Fundamental fairness.
Economic fairness.

Explanation

Question 18 of 40

1

Penny is a paralegal working for Leonard, who is an attorney licensed in the state of Hysteria. Leonard has filed suit on behalf of Vicki, who was seriously injured when a car driven by Denise collided with Vicki's car. After the suit was filed, Leonard instructed Penny to have the complaint and summons served on Denise. Penny prepared the complaint and summons for service and made arrangements with a process server for service on Denise. The process server went to the address listed on Denise's driver's license, which had been recorded by the police at the time of the accident. A teenage girl answered the door, but she confirmed that both she and Denise resided at that address. Denise never filed an answer to the complaint and later claimed that service of process was improper. Under the laws of Hysteria, one of the proper methods of service of process is to leave the complaint and summons at the defendant's last and usual abode, with a person residing there who is of suitable age (at least age 12) and discretion. If Penny needs to confirm that service of process was proper, what other information does she need?

Select one of the following:

Whether the teenage girl resided at the address on Denise's driver's license.
Whether the teenage girl was of suitable discretion.
Whether the teenage girl was at least 12 years old.
Nothing, because service of the complaint and summons was proper.

Explanation

Question 19 of 40

1

In 1905, the owner of an early automobile, who lived in Florida, drove his car into Alabama. While in Alabama, the driver had trouble slowing the vehicle and ran into the back of a horse-drawn wagon, causing damage. The owner returned to Florida, and the wagon owner filed suit in Alabama state court. The wagon owner's lawyer and the court could not find any statute or case law that established a precedent for personal jurisdiction over the defendant. This is an example of __________________.

Select one of the following:

Stare decisis
A controlling precedent
A case of first impression
A case of last impression

Explanation

Question 20 of 40

1

Bill works for the law firm of Matheson & Gilbert, which mainly focuses on commercial transactions and litigation. Bill, who was hired only one month earlier, has been assigned to work on the Miller lawsuit. Sandra Jackson, a junior partner in the firm, is the primary attorney on the Miller case, but Bill is aware that George Wilson at the Lewiston firm is co-counsel on the case. Bill gets a telephone call from Jill, who states she is a paralegal at the Lewiston firm. Jill then says that George Wilson would like a copy of the most recent draft of a motion that Sandra is working on in the Miller case and asks that Bill fax or e-mail a copy. Bill does not know Jill and has never communicated with anyone at the Lewiston firm. Can Bill fax or e-mail a copy of the draft without Sandra's permission?

Select one of the following:

Yes, because Bill knows George Wilson is co-counsel on the case, but as a recently hired employee, Bill could also politely check with Sandra.
No, because all matters pertaining to a client's case are confidential and cannot be shared with anyone outside the office, except for filings with the court.
Yes, but only if he first contacts George Wilson and confirms that Jill is an employee of the Lewiston firm.
No, because Jill must ask Sandra for the copy to be faxed or e-mailed.

Explanation

Question 21 of 40

1

A client desires to neither admit to nor contest the charge that has been brought against him. What is the proper Latin phrase to describe his plea?

Select one of the following:

Non obstante veredicto
Nolo contendere
Fiat justitia
Inter vivos

Explanation

Question 22 of 40

1

What is the difference between an interrogatory and a deposition?

Select one of the following:

The former involves statements of the attorneys only, while the latter involves witnesses.
An interrogatory consists of written questions, while a deposition is an oral statement made under oath.
Document production can only be done with written interrogatories.
There is no difference between an interrogatory and a deposition.

Explanation

Question 23 of 40

1

A paralegal has been asked by her attorney to file an appeal from a final order of the trial court. Which of the following is the first step that should be taken by the paralegal?

Select one of the following:

Prepare the notice of appeal for filing.
Collect the trial exhibits into an appellate record.
Order the trial transcripts.
Determine the date the initial filing with the appeals court must be made.

Explanation

Question 24 of 40

1

A paralegal may represent a client in court if the attorney who employees the paralegal authorizes her to do so.

Select one of the following:

True
False

Explanation

Question 25 of 40

1

What conditions must be met for a judge to grant a motion for summary judgment?

Select one of the following:

No material facts exist to prove the defendant's guilt.
The defendant fails to answer the complaint.
The facts in the complaint are either untrue or can not be proved.
Evidence outside the pleadings establishes that there is no material issue of fact such that the moving party is entitled to judgment.

Explanation

Question 26 of 40

1

Which of the following is not part of a summons and service of process?

Select one of the following:

The complaint
The answer
A date set by the court to respond to the complaint
Evidence of service of process

Explanation

Question 27 of 40

1

The attorney you work for is trying to prove that a contract her client signed is invalid. Which of following conditions would have to be true for this to be the case?

Select one of the following:

There is a minor typo mispelling the client's first, but not last, name
The client was a minor at the time the contract was signed.
The other party performed the contract but the client simply does not want to pay.
The client had an alcoholic drink before she signed the contract.

Explanation

Question 28 of 40

1

Your attorney says there is a case-on-point supporting his argument. On what principle does the court have to follow this case law?

Select one of the following:

Stare Decisis
Pro Se
Res Ipsa Loquitur
Certiorari

Explanation

Question 29 of 40

1

Attorney-client confidentiality does not apply to alternative dispute resolution forums.

Select one of the following:

True
False

Explanation

Question 30 of 40

1

A lawsuit has been filed and the summons has been delivered to the defendant. He fails to file an answer within the time frame set by the court. What happens next?

Select one of the following:

The suit will move to trial.
The defendant will be held in contempt of court.
Plaintiff's counsel will file a motion for default judgment.
The clerk of the courts will contact the defendant.

Explanation

Question 31 of 40

1

A paralegal is to give notice to a witness of a deposition. Which of the following are acceptable means to give notice of a deposition?

Select one of the following:

written notice by mail
written notice by mail or a phone call
written notice by mail, phone call or email
written notice by mail, phone call, email or face-to-face communication

Explanation

Question 32 of 40

1

You have found work as a litigation paralegal. Which of the following is NOT likely to be one of your duties?

Select one of the following:

Sign the pleadings
Interview witnesses
Draft the complaint
Assist in jury selection

Explanation

Question 33 of 40

1

You are preparing a "friend of the court" brief. This is known as an "amicus curiae" brief.

Select one of the following:

True
False

Explanation

Question 34 of 40

1

A plaintiff will state the "relief" he or she is seeking in the complaint to the lawsuit.

Select one of the following:

True
False

Explanation

Question 35 of 40

1

A number of events take place as part of discovery in a lawsuit. Which of the following is not one of them?

Select one of the following:

Request for Production of Documents
Motion to Dismiss
Motion to Compel
Admissions

Explanation

Question 36 of 40

1

After the parties sign a contract, a party finds that the contract fails to express the intention of the parties due to mutual mistake. The contract is rewritten to clarify and correct the errors. What is the proper name for this process?

Select one of the following:

Reformation
Recission
Replevin
None of the choices

Explanation

Question 37 of 40

1

A defendant in a civil action wants to file a claim against the plaintiff. What is proper name for this pleading?

Select one of the following:

cross-claim
answer
counterclaim
reply

Explanation

Question 38 of 40

1

The "discovery rule" tolls the running of which of the following?

Select one of the following:

The time to respond to a request for interrogatories.
The statue of limitations.
The time to file an appeal.
The statue of frauds.

Explanation

Question 39 of 40

1

Any of the following actions can result in either criminal or civil charges being filed against a client. Which of the actions is most likely to result in a civil lawsuit?

	Created by Reynolds about 8 years ago

Post-Secondary NALA CP/CLA Exam (Substantive Law ) Quiz on Civil Litigation Quiz (NALA CP/CLE Exam Practice), created by Reynolds on 09/05/2016.

Civil Litigation Quiz (NALA CP/CLE Exam Practice)

Question 1 of 40

The basic pleadings in a federal civil case include the complaint, the answer and the reply.

Select one of the following:

Explanation

Question 2 of 40

A civil action is commenced in federal court when the defendant is served with a summons and a copy of the complaint.

Select one of the following:

Explanation

Question 3 of 40

A federal court summons is issued by the plaintiff's attorney and may be served by the United State's Marshal's Office.

Select one of the following:

Explanation

Question 4 of 40

An attorney may issue a subpoena to a witness in a federal civil action.

Select one of the following:

Explanation

Question 5 of 40

Neither the court nor any of the parties ever can waive personal jurisdiction.

Select one of the following:

Explanation

Question 6 of 40

A state court of general jurisdiction may hear a case based upon a federal civil rights statute.

Select one of the following:

Explanation

Question 7 of 40

Answers to interrogatories must be verified by the party to whom they are addressed.

Select one of the following:

Explanation

Question 8 of 40

The time limitation for responding to a counterclaim is 20 days after the date of its service.

Select one of the following:

Explanation

Question 9 of 40

In federal diversity action, the plaintiff may be able to invoke the federal court's supplemental jurisdiction to file a claim against a third-party defendant.

Select one of the following:

Explanation

Question 10 of 40

Pretrial conferences are mandatory in federal civil litigation.

Select one of the following:

Explanation

Question 11 of 40

An interlocutory appeal is the method used to obtain appellate review of a discovery order prior to the time of trial.

Select one of the following:

Explanation

Question 12 of 40

Summary judgment exists in most state court litigation but no longer exists in federal court litigations.

Select one of the following:

Explanation

Question 13 of 40

The usual method of serving process on a corporation is to serve its board of directors.

Select one of the following:

Explanation

Question 14 of 40

If a criminal charge is pending, the defendant may not be sued in a related civil case until the criminal case is concluded.

Select one of the following:

Explanation

Question 15 of 40

A permissive counterclaim is one that requires the court's permission before it can be filed in a civil case.

Select one of the following:

Explanation

Question 16 of 40

The term "original jurisdiction" refers to the authority of a court to _____________________________.

Select one of the following:

Explanation

Question 17 of 40

At its most basic level, due process of law is intended to provide ______________________.

Select one of the following:

Explanation

Question 18 of 40

Select one of the following:

Explanation

Question 19 of 40

Select one of the following:

Explanation

Question 20 of 40

Select one of the following:

Explanation

Question 21 of 40