Civil Litigation Test 4 Questions and Answers
_____ is an out-of-court statement made by someone other than the witness
testifying. - ANSWER-Hearsay
A defendant may never waive this type of jurisdiction? - ANSWER-Subject matter
A paralegal can help prepare a witness for a deposition by doing all of the following
except _____ - ANSWER-tell the deponent that the judge will be present to rule
immediately on all objections made by opposing counsel.
A party may move for summary judgment pursuant to Rule 56, FRCP at all but
which of the following times? - ANSWER-After the plaintiff has stated her case at
trial
According to FRCP 4(m), the plaintiff must serve the defendant with process within
_____ days of filing the complaint. - ANSWER-90
An appellate court may reverse a lower court's decision. It may do so for all of the
reasons below except _____ - ANSWER-errors that were not prejudicial occurred.
As soon as litigation is anticipated, the lawyer should inform her client to do which
of the following? - ANSWER-To take reasonable steps to preserve relevant
documents and information including ESI.
At a Rule 26(f) conference, all but which of the following should be discussed? -
ANSWER-The nature of all witness testimony
Before trial, a party may amend its pleadings as a matter of course in all of the
following circumstances except _____? - ANSWER-Pleadings may only be amended
upon leave of the court.
Bill drafted a legal document that contained a statement of jurisdiction, his claim,
and the relief sought. What document did Bill draft? - ANSWER-A complaint
Courts have a preference for original writings, recordings, and photographs to be
preserved and used for evidence. This preference is also known as the _____. -
ANSWER-Best Evidence Rule
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
Discovery includes all but which of the following? - ANSWER-Motions
_____ is an out-of-court statement made by someone other than the witness
testifying. - ANSWER-Hearsay
A defendant may never waive this type of jurisdiction? - ANSWER-Subject matter
A paralegal can help prepare a witness for a deposition by doing all of the following
except _____ - ANSWER-tell the deponent that the judge will be present to rule
immediately on all objections made by opposing counsel.
A party may move for summary judgment pursuant to Rule 56, FRCP at all but
which of the following times? - ANSWER-After the plaintiff has stated her case at
trial
According to FRCP 4(m), the plaintiff must serve the defendant with process within
_____ days of filing the complaint. - ANSWER-90
An appellate court may reverse a lower court's decision. It may do so for all of the
reasons below except _____ - ANSWER-errors that were not prejudicial occurred.
As soon as litigation is anticipated, the lawyer should inform her client to do which
of the following? - ANSWER-To take reasonable steps to preserve relevant
documents and information including ESI.
At a Rule 26(f) conference, all but which of the following should be discussed? -
ANSWER-The nature of all witness testimony
Before trial, a party may amend its pleadings as a matter of course in all of the
following circumstances except _____? - ANSWER-Pleadings may only be amended
upon leave of the court.
Bill drafted a legal document that contained a statement of jurisdiction, his claim,
and the relief sought. What document did Bill draft? - ANSWER-A complaint
Courts have a preference for original writings, recordings, and photographs to be
preserved and used for evidence. This preference is also known as the _____. -
ANSWER-Best Evidence Rule
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
Discovery includes all but which of the following? - ANSWER-Motions
