Civil Litigation Test 3 Questions and Answers
A discovery request must be signed by all but which of the following people? -
ANSWER-The clerk of court
A party may waive _____ jurisdiction but not _____ jurisdiction. - ANSWER-
personal; subject matter
According to FRCP 4(h), when serving a corporation or other organization, the
plaintiff may do all but which of the following to properly effect service of process? -
ANSWER-The plaintiff may serve a corporation or other organization in the same
manner as serving an individual. The plaintiff may choose which employee to serve
provided that employee works at the home office.
According to FRCP 4(m), the plaintiff must serve the defendant with process within
_____ days of filing the complaint. - ANSWER-90
According to FRCP 12, when a defendant initially responds to a complaint, she may
file all but which of the pre-answer motions? - ANSWER-Motion for judgment on the
pleadings
After the plaintiff has presented his case (opening statement, direct examination,
cross-examination, closing arguments) and the defendant has presented her case
(same), the case "goes to the jury." Before the jury deliberates, the judge must
_____ the jury. - ANSWER-instruct the jury as to the law to be applied to the facts
Courts may sanction a party for different types of discovery misconduct including all
but which of the following? - ANSWER-Failing to disclose an expert witness
Hillary drafts a document stating with particularity the grounds for what she is
requesting and the relief that she seeks. Hillary has drafted a(n) _____. - ANSWER-
motion
If a person fails to answer interrogatories within the time specified, which rule of
the Federal Rules of Civil Procedure provides the remedy for this failure? -
ANSWER-Rule 37
If an error does not impact the outcome of the proceedings, this error is considered
to be _____. - ANSWER-harmless
If someone does not pay a judgment as required, which of the following methods to
seize property is not allowed under Rule 64? - ANSWER-Offering for sale goods of
the losing party
A discovery request must be signed by all but which of the following people? -
ANSWER-The clerk of court
A party may waive _____ jurisdiction but not _____ jurisdiction. - ANSWER-
personal; subject matter
According to FRCP 4(h), when serving a corporation or other organization, the
plaintiff may do all but which of the following to properly effect service of process? -
ANSWER-The plaintiff may serve a corporation or other organization in the same
manner as serving an individual. The plaintiff may choose which employee to serve
provided that employee works at the home office.
According to FRCP 4(m), the plaintiff must serve the defendant with process within
_____ days of filing the complaint. - ANSWER-90
According to FRCP 12, when a defendant initially responds to a complaint, she may
file all but which of the pre-answer motions? - ANSWER-Motion for judgment on the
pleadings
After the plaintiff has presented his case (opening statement, direct examination,
cross-examination, closing arguments) and the defendant has presented her case
(same), the case "goes to the jury." Before the jury deliberates, the judge must
_____ the jury. - ANSWER-instruct the jury as to the law to be applied to the facts
Courts may sanction a party for different types of discovery misconduct including all
but which of the following? - ANSWER-Failing to disclose an expert witness
Hillary drafts a document stating with particularity the grounds for what she is
requesting and the relief that she seeks. Hillary has drafted a(n) _____. - ANSWER-
motion
If a person fails to answer interrogatories within the time specified, which rule of
the Federal Rules of Civil Procedure provides the remedy for this failure? -
ANSWER-Rule 37
If an error does not impact the outcome of the proceedings, this error is considered
to be _____. - ANSWER-harmless
If someone does not pay a judgment as required, which of the following methods to
seize property is not allowed under Rule 64? - ANSWER-Offering for sale goods of
the losing party
