Civil Litigation Quiz (NALA CP/CLE Exam Practice)

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

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

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

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

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

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

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

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

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.

Pretrial conferences are mandatory in federal civil litigation.

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

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

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

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

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

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

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

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?

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 __________________.

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?

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?

What is the difference between an interrogatory and a deposition?

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?

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

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

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

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?

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

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

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?

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?

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

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

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

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

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?

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

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

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?

Which of the below is an example of a prejudicial error?