Introduction to Civil Procedure
Question Bank
Course Introduction
Introduction to Civil Procedure offers students a foundational understanding of the rules and processes that govern civil litigation in the courts. The course covers topics such as jurisdiction, pleading requirements, motions, discovery, pretrial procedures, trial conduct, post-trial motions, and the appeals process. Students will learn how civil disputes are initiated, the sequence of steps leading up to a resolution, and the roles played by plaintiffs, defendants, judges, and juries. Through case analysis and hypothetical scenarios, the course emphasizes both the theoretical framework and practical aspects of civil court proceedings, preparing students for more advanced legal studies and practical legal work.
Recommended Textbook
Civil Litigation 7th Edition by Peggy Kerley
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Page 2
Chapter 1: Litigation and the Paralegal
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Sample Questions
Q1) Paralegals cannot give ________ advice to parties.
Answer: legal
Q2) 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
Q3) 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
Q4) Arbitration is a form of settlement.
A)True
B)False
Answer: False
Q5) Brady is allowed to prepare a draft of the complaint to be filed in the action.
A)True
B)False
Answer: True
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Chapter 2: The Courts and Jurisdiction
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Sample Questions
Q1) Jurisdiction based on diversity of citizenship requires that if money damages are requested, the amount in dispute must exceed ________.
Answer: $75,000
Q2) A court of appellate jurisdiction is a court where the case begins and is tried.
A)True
B)False
Answer: False
Q3) For diversity purposes, a corporation's principle place of business is the state of incorporation, or its "nerve center," the place where corporate officers direct and control the corporation's activities.
A)True
B)False
Answer: True
Q4) A state always has jurisdiction over a defendant in a lawsuit if ________.
A) the defendant is a U.S. citizen
B) the defendant is a citizen of that state
C) the plaintiff sustained injuries or damages within the state
D) Both b and c.
Answer: B
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Chapter 3: Preliminary Considerations and Procedures
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Sample Questions
Q1) Each element of a(n) ________ must be proven at trial in order for plaintiff to prevail.
Answer: cause of action
Q2) Client funds must always be kept in the attorney's ________ account. Answer: trust
Q3) The doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuits.
A)True
B)False
Answer: False
Q4) Assume that Fenton's brother-in-law once worked for DiSalvo. This would create a conflict of interest and the law firm should refer Kramer to another attorney. A)True
B)False
Answer: False
Q5) Paralegals who provide legal advice to clients violate the ethical rule prohibiting the
Answer: unauthorized practice of law
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Chapter 4: Investigation and Evidence
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Sample Questions
Q1) ________ allows a court to find that certain commonly known facts are true without the parties presenting evidence of the fact.
Q2) Which of the following is not an exception to the hearsay rule?
A) Excited utterance
B) Electronically stored information
C) Business records
D) Statements against interest
Q3) 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)
Q4) ________ evidence is evidence that a witness personally observed and that, if believed, directly establishes a fact.
Q5) When Berkshire has any need to communicate with Saldivar, he should identify himself as a "member of the firm of Schneider & Castillo"; he should never refer to himself as a paralegal.
A)True
B)False
Q6) The process of creating a searchable database of numerous documents begins with ________.
Page 6
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Chapter 5: The Complaint
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Sample Questions
Q1) All documents filed in court are known as pleadings.
A)True
B)False
Q2) To find information about court files in a federal court, a party should access the electronic system known as ________.
Q3) A complaint usually contains allegations showing that the court in which the action is filed has both jurisdiction and venue.
A)True
B)False
Q4) Andrews and Bates have a written contract in which Bates promises to sell Andrews a piece of real estate. Bates refuses to complete the transaction. Andrews sues Bates for specific performance, asking the court to order Bates to complete the sale. This action is for ________.
A) compensatory damages
B) punitive damages
C) equitable relief
D) declarative relief
Q5) The real parties in interest for a partnership are ________.
Q6) When a complaint is filed, the court assigns a(n) ________ number.
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) If a defendant in a lawsuit fails to object to the subject matter jurisdiction of the court prior to filing an answer, the defendant loses the right to object thereafter.
A)True
B)False
Q3) Counterclaims that must be asserted or lost are known as ________.
Q4) To obtain a default judgment, the plaintiff must ________ his or her claim.
Q5) 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.
Q6) A fact or circumstance that will defeat the plaintiff's claim, even when the plaintiff can prove every contention alleged in the complaint, is known as a(n) ________.
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Page 8
Chapter 7: Motion Practice
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Sample Questions
Q1) The document entitled "motion" ________.
A) notifies the opposing party of the time and place of the hearing on the motion
B) describes the nature of the motion, the grounds for the motion, and the relief requested
C) describes the factual basis for the motion
D) describes the legal basis for the motion
Q2) Sanctions imposed for making a frivolous motion usually take the form of an award of attorney fees.
A)True
B)False
Q3) Under the Federal Rules of Civil Procedure, a moving party is required to give 10 days' notice of the hearing on a motion.
A)True
B)False
Q4) Motion practice is often the subject of local rules of court, both in federal and state courts.
A)True
B)False
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Chapter 8: Overview of the Discovery Process
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Sample Questions
Q1) The privilege against self-incrimination is specifically aimed at self-testimony in ________ cases.
Q2) Any law firm involved in multi-jurisdictional (MJD) cases has an increased danger of inadvertently losing the protection granted by the attorney-client privilege. A)True B)False
Q3) ESI includes most computer-generated records but excludes e-mail files. A)True B)False
Q4) Mutual disclosure of certain information has been mandated in civil lawsuits in federal court by Federal Rule ________.
Q5) The decision to assert the attorney-client privilege belongs to Sanderson's attorney. A)True B)False
Q6) A strategy that employs certain processes to retrieve, examine, analyze, and authenticate ESI is known as ________.
Q7) 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) In most states, a subpoena may be served by ________.
A) any person 21 years of age or older
B) any person 18 years of age or older
C) a sheriff's bailiff
D) Either b or c.
Q2) A written abridgement of a deposition that condenses the question-answer period down to a concisely written, understandable account is a(n) ________.
Q3) 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.
Q4) A deposition does not commit a deponent to one oral version of the facts.
A)True
B)False
Q5) The written copy of a deposition is known as a(n) ________.
Q6) Mitchell is the deponent.
A)True
B)False
Q7) A person who gives a deposition is known as a(n) ________.
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Chapter 10: Interrogatories
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Sample Questions
Q1) The Federal Rules require sequential numbering throughout all sets of interrogatories.
A)True
B)False
Q2) Once served with interrogatories under the Federal Rules of Civil Procedure, a party has ________ days to respond.
Q3) The title of the interrogatories should identify ________.
A) the party serving the interrogatories
B) the party receiving the interrogatories
C) the names of the parties' attorneys
D) Both a and b.
Q4) Interrogatories that identify contentions are permissible under the Federal Rules.
A)True
B)False
Q5) Properly drafted interrogatories can help narrow the issues and facts in preparation for trial.
A)True
B)False
Q6) Interrogatories offer the advantages of being simple, inexpensive, and ________.
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Chapter 11: Physical and Mental Examinations
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Sample Questions
Q1) A request for a mental examination would be granted if neither mental nor emotional injuries have been alleged.
A)True
B)False
Q2) Jefferson may require that Moffett submit to a physical examination.
A)True
B)False
Q3) Notice is a formal written notification to the person to be examined and to the other parties.
A)True
B)False
Q4) The request for a physical or mental examination may not be made if the party who is to undergo the examination is a minor in the custody of a parent or a legally incapacitated person under the legal control of a guardian.
A)True
B)False
Q5) A requirement that the condition to be examined in a physical or mental examination be at the heart of the dispute in the case is known as ________.
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Chapter 12: Request for Documents
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Sample Questions
Q1) Secrecy of the competing airlines is ensured by a protective order or a confidentiality order.
A)True
B)False
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) Rule 34 of the Federal Rules of Civil Procedure prohibits serving a formal request for document production before the parties have conferred as required under Rule 26.
A)True
B)False
Q4) Documents in the possession of a party's tax consultant do not have to be produced.
A)True
B)False
Q5) The documents that need not be produced, despite a request for documents, are known as ________ documents.
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Chapter 13: Request for Admission
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Sample Questions
Q1) 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.
Q2) Unless a party delivers a written denial or a detailed reason why that party cannot admit or deny a statement, the statement is deemed admitted.
A)True
B)False
Q3) Midwest Computer may not refuse to answer Holloway's request for admission. A)True
B)False
Q4) The request for admission can be served with the summons and complaint. A)True
B)False
Q5) A party can refuse to respond to a request for admission simply because the party lacks the information needed to make the response. A)True
B)False
Q6) The primary purpose of the request for admission is to ________ a lawsuit by reducing the number and nature of the points in controversy.
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Chapter 14: Settlements, Dismissals, and Alternative Dispute
Resolution
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Sample Questions
Q1) A stipulated dismissal ________ prejudice means that a lawsuit can be brought at another time in a court that has jurisdiction to hear the case.
Q2) Probably the most common method of resolving disputes is ________.
Q3) The settlement summary ________.
A) is lengthy
B) contains all information outlining the benefit of settling the case at an early stage in the litigation
C) is a review of the final settlement terms
D) is prepared by the judge
Q4) A multipage portfolio that seeks to compile all the information relevant to settlement negotiations is referred to as a(n) ________.
Q5) The Martins' attorney may not accept a settlement on their behalf unless it is acceptable to the Martins.
A)True B)False
Q6) The settlement agreement in this case is valid without consideration. A)True B)False
Page 16
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Chapter 15: Trial Techniques
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Sample Questions
Q1) The paralegal may be asked to assist the attorney in the jury selection.
A)True
B)False
Q2) Voir dire is ________.
A) the opening statement
B) jury instruction
C) the process of questioning prospective jurors
D) None of these choices.
Q3) 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
Q4) 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.
Q5) A trial subpoena must be ________ served on a witness.
Q6) ________ is the process by which the jurors are questioned to determine bias.
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Chapter 16: Posttrial Practice
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Sample Questions
Q1) Kelley is the appellant.
A)True
B)False
Q2) After all briefs are filed, attorneys present the basis for their appeal before the court of appeals in the ________.
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) 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.
Q5) An appellate court has the authority to consider questions relating to the facts of a case.
A)True
B)False
Q6) Champion Chevrolet is the appellee.
A)True B)False
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