CIVIL PROCEDURE Final Exam
Questions and Answers
The party making a motion is known as a ____________. - ANS-moving party
a meeting held between the judge and counsel for all parties prior to trial is known as
______________. - ANS-pretrial conference or discovery
Interrogatories may not be used to impeach a witness at the time of trial. - ANS-False
The request for admission relates only to parties in the lawsuit. - ANS-True
A log used to track documents is known as a(n) _______ - ANS-document production
log
Woo buys a new automobile. While driving the car home from the dealership, the
brakes fail, and the car crashes. Woo is seriously injured. He retains the law firm of
Kraft and Molina, and they file a lawsuit claiming damages for these injuries. Brady
works as a paralegal in that law firm.
Brady is allowed to interview witnesses to the accident. - ANS-True
Case management software allows attorneys to organize and summarize extensive
discovery. - ANS-True
The ultimate source for the elements of a cause of action is ________. - ANS-primary
law
Holloway purchased a laptop computer from Midwest Computers for $1,280, paying for
it by check. That same day, Midwest Computer negotiated the check to one of its
suppliers, Lucky Computer Supply Co., in payment of an overdue account. When
Holloway attempted to use the laptop computer for a college essay, he discovered that
the laptop was defective. The next morning, he requested that Midwest Computers take
the laptop back and refund his money. Midwest refused to either issue a refund or repair
the computer. When Holloway attempted to enter a stop payment order on the check,
he discovered that he was responsible to Lucky Computer Supply for the $1,280
because it was a holder in due course. Holloway files suit against Midwest Computers
for the return of his $1,280 payment.
, Midwest Computer has only two choices in responding to a request for admission—
admit or deny. - ANS-False
A statement that has been admitted is called a judicial admission. - ANS-True
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. - ANS-True
Holloway purchased a laptop computer from Midwest Computers for $1,280, paying for
it by check. That same day, Midwest Computer negotiated the check to one of its
suppliers, Lucky Computer Supply Co., in payment of an overdue account. When
Holloway attempted to use the laptop computer for a college essay, he discovered that
the laptop was defective. The next morning, he requested that Midwest Computers take
the laptop back and refund his money. Midwest refused to either issue a refund or repair
the computer. When Holloway attempted to enter a stop payment order on the check,
he discovered that he was responsible to Lucky Computer Supply for the $1,280
because it was a holder in due course. Holloway files suit against Midwest Computers
for the return of his $1,280 payment.
Any statement that Midwest Computer admits is a judicial admission. - ANS-True
The request for admission can be served with the summons and complaint. - ANS-True
There is no limit on the number of requests for admission that can be filed under the
Federal Rules of Civil Procedure. - ANS-True
The request for admission is limited to facts and opinions. - ANS-False
A request for admission can be ignored or overlooked. - ANS-False
Holloway purchased a laptop computer from Midwest Computers for $1,280, paying for
it by check. That same day, Midwest Computer negotiated the check to one of its
suppliers, Lucky Computer Supply Co., in payment of an overdue account. When
Holloway attempted to use the laptop computer for a college essay, he discovered that
the laptop was defective. The next morning, he requested that Midwest Computers take
the laptop back and refund his money. Midwest refused to either issue a refund or repair
the computer. When Holloway attempted to enter a stop payment order on the check,
he discovered that he was responsible to Lucky Computer Supply for the $1,280
because it was a holder in due course. Holloway files suit against Midwest Computers
for the return of his $1,280 payment.
The Federal Rules of Civil Procedure permit a plaintiff to voluntarily dismiss a claim
without an order of the court by filing a motion of dismissal at any time ________.
Questions and Answers
The party making a motion is known as a ____________. - ANS-moving party
a meeting held between the judge and counsel for all parties prior to trial is known as
______________. - ANS-pretrial conference or discovery
Interrogatories may not be used to impeach a witness at the time of trial. - ANS-False
The request for admission relates only to parties in the lawsuit. - ANS-True
A log used to track documents is known as a(n) _______ - ANS-document production
log
Woo buys a new automobile. While driving the car home from the dealership, the
brakes fail, and the car crashes. Woo is seriously injured. He retains the law firm of
Kraft and Molina, and they file a lawsuit claiming damages for these injuries. Brady
works as a paralegal in that law firm.
Brady is allowed to interview witnesses to the accident. - ANS-True
Case management software allows attorneys to organize and summarize extensive
discovery. - ANS-True
The ultimate source for the elements of a cause of action is ________. - ANS-primary
law
Holloway purchased a laptop computer from Midwest Computers for $1,280, paying for
it by check. That same day, Midwest Computer negotiated the check to one of its
suppliers, Lucky Computer Supply Co., in payment of an overdue account. When
Holloway attempted to use the laptop computer for a college essay, he discovered that
the laptop was defective. The next morning, he requested that Midwest Computers take
the laptop back and refund his money. Midwest refused to either issue a refund or repair
the computer. When Holloway attempted to enter a stop payment order on the check,
he discovered that he was responsible to Lucky Computer Supply for the $1,280
because it was a holder in due course. Holloway files suit against Midwest Computers
for the return of his $1,280 payment.
, Midwest Computer has only two choices in responding to a request for admission—
admit or deny. - ANS-False
A statement that has been admitted is called a judicial admission. - ANS-True
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. - ANS-True
Holloway purchased a laptop computer from Midwest Computers for $1,280, paying for
it by check. That same day, Midwest Computer negotiated the check to one of its
suppliers, Lucky Computer Supply Co., in payment of an overdue account. When
Holloway attempted to use the laptop computer for a college essay, he discovered that
the laptop was defective. The next morning, he requested that Midwest Computers take
the laptop back and refund his money. Midwest refused to either issue a refund or repair
the computer. When Holloway attempted to enter a stop payment order on the check,
he discovered that he was responsible to Lucky Computer Supply for the $1,280
because it was a holder in due course. Holloway files suit against Midwest Computers
for the return of his $1,280 payment.
Any statement that Midwest Computer admits is a judicial admission. - ANS-True
The request for admission can be served with the summons and complaint. - ANS-True
There is no limit on the number of requests for admission that can be filed under the
Federal Rules of Civil Procedure. - ANS-True
The request for admission is limited to facts and opinions. - ANS-False
A request for admission can be ignored or overlooked. - ANS-False
Holloway purchased a laptop computer from Midwest Computers for $1,280, paying for
it by check. That same day, Midwest Computer negotiated the check to one of its
suppliers, Lucky Computer Supply Co., in payment of an overdue account. When
Holloway attempted to use the laptop computer for a college essay, he discovered that
the laptop was defective. The next morning, he requested that Midwest Computers take
the laptop back and refund his money. Midwest refused to either issue a refund or repair
the computer. When Holloway attempted to enter a stop payment order on the check,
he discovered that he was responsible to Lucky Computer Supply for the $1,280
because it was a holder in due course. Holloway files suit against Midwest Computers
for the return of his $1,280 payment.
The Federal Rules of Civil Procedure permit a plaintiff to voluntarily dismiss a claim
without an order of the court by filing a motion of dismissal at any time ________.
