Civil Litigation Practice Exam- Solved
Body of law that determines private rights and liabilities. - ANSWER-Substantive
law
An application made to a court for the purpose of obtaining an order or ruling
directing something to be done in favor of the applicant. - ANSWER-Motion
The means for providing a party, in advance of trial, with access to facts that are
within the knowledge of the other side. - ANSWER-Discovery
Basis for a person to bring a lawsuit and to receive relief from a court. - ANSWER-
Cause of action
Any agreement, admission, or concession voluntarily made by the parties to a
lawsuit. - ANSWER-Stipulation
Means "of a side," i.e. from one side or by one party. The term refers to an
application made to the court by one party without notice to the other party. -
ANSWER-Ex parte
A party who makes a motion; a moving party. - ANSWER-Movant
Books that contain the actual law (i.e., case reporters, codes, constitutions). -
ANSWER-Primary source
A person who brings a lawsuit. - ANSWER-Plaintiff
Not the law itself, but simply commentary upon or a summary of the law. -
ANSWER-Secondary source
Federal and state statutes prescribing the maximum period of time during which
various types of civil actions and criminal prosecutions can be brought after the
occurrence of the injury or the offense. - ANSWER-Statute of limitation
A court order that commands or prohibits some act of course of conduct. It is
preventive in nature and is a form of equitable relief. - ANSWER-Injunction
Two or more courts having the power to adjudicate the same cases. - ANSWER-
Concurrent jurisdiction
The act of depositing a document with a public officer to preserve it as one of the
records of his or her office. - ANSWER-File
, Delivery of a summons to the opposite party. - ANSWER-Serve
A motion requesting that judgment be entered because there are no disputed
factual issues in the case. - ANSWER-Motion for summary judgment
A motion made during discovery asking the court to limit a discovery request. -
ANSWER-Motion for protective order
The jurisdiction a court has over the person of the defendant. - ANSWER-Personal
jurisdiction
Most aspects of civil litigation occur in the courtroom. - ANSWER-False
The rules governing litigation in the Texas state courts include which of the
following? - ANSWER-a) Texas Rules of Civil Procedure
b) Texas Rules of Evidence
c) Texas Rules of Appellate Procedure
d) Local Rules
*e) all of the above*
Which of the following could not be resolved through civil litigation? - ANSWER-
Commission of a murder
Which of the following is not an alternative to civil litigation? - ANSWER-Discovery
Which of the following could not be done by a paralegal? - ANSWER-Asking
questions at a deposition
An appellate court is where a case begins and is tried. - ANSWER-False
Federal courts are known as courts of ___________ jurisdiction. - ANSWER-Limited
A common reason to propound discovery post-trial is to: - ANSWER-Determine the
assets owned by the judgment debtor
Statutes that allow states to exercise jurisdiction over non-resident defendants are
known as: - ANSWER-Long-arm statutes
Each element of a cause of action must be proven at trial for the plaintiff to prevail.
- ANSWER-True
Duty, breach of duty, causation, and damages are the legal elements of the cause
of action known as: - ANSWER-Negligence
Venue concerns - ANSWER-The location of of the trial
The client may need to send a claim letter to the defendant before filing suit. -
Body of law that determines private rights and liabilities. - ANSWER-Substantive
law
An application made to a court for the purpose of obtaining an order or ruling
directing something to be done in favor of the applicant. - ANSWER-Motion
The means for providing a party, in advance of trial, with access to facts that are
within the knowledge of the other side. - ANSWER-Discovery
Basis for a person to bring a lawsuit and to receive relief from a court. - ANSWER-
Cause of action
Any agreement, admission, or concession voluntarily made by the parties to a
lawsuit. - ANSWER-Stipulation
Means "of a side," i.e. from one side or by one party. The term refers to an
application made to the court by one party without notice to the other party. -
ANSWER-Ex parte
A party who makes a motion; a moving party. - ANSWER-Movant
Books that contain the actual law (i.e., case reporters, codes, constitutions). -
ANSWER-Primary source
A person who brings a lawsuit. - ANSWER-Plaintiff
Not the law itself, but simply commentary upon or a summary of the law. -
ANSWER-Secondary source
Federal and state statutes prescribing the maximum period of time during which
various types of civil actions and criminal prosecutions can be brought after the
occurrence of the injury or the offense. - ANSWER-Statute of limitation
A court order that commands or prohibits some act of course of conduct. It is
preventive in nature and is a form of equitable relief. - ANSWER-Injunction
Two or more courts having the power to adjudicate the same cases. - ANSWER-
Concurrent jurisdiction
The act of depositing a document with a public officer to preserve it as one of the
records of his or her office. - ANSWER-File
, Delivery of a summons to the opposite party. - ANSWER-Serve
A motion requesting that judgment be entered because there are no disputed
factual issues in the case. - ANSWER-Motion for summary judgment
A motion made during discovery asking the court to limit a discovery request. -
ANSWER-Motion for protective order
The jurisdiction a court has over the person of the defendant. - ANSWER-Personal
jurisdiction
Most aspects of civil litigation occur in the courtroom. - ANSWER-False
The rules governing litigation in the Texas state courts include which of the
following? - ANSWER-a) Texas Rules of Civil Procedure
b) Texas Rules of Evidence
c) Texas Rules of Appellate Procedure
d) Local Rules
*e) all of the above*
Which of the following could not be resolved through civil litigation? - ANSWER-
Commission of a murder
Which of the following is not an alternative to civil litigation? - ANSWER-Discovery
Which of the following could not be done by a paralegal? - ANSWER-Asking
questions at a deposition
An appellate court is where a case begins and is tried. - ANSWER-False
Federal courts are known as courts of ___________ jurisdiction. - ANSWER-Limited
A common reason to propound discovery post-trial is to: - ANSWER-Determine the
assets owned by the judgment debtor
Statutes that allow states to exercise jurisdiction over non-resident defendants are
known as: - ANSWER-Long-arm statutes
Each element of a cause of action must be proven at trial for the plaintiff to prevail.
- ANSWER-True
Duty, breach of duty, causation, and damages are the legal elements of the cause
of action known as: - ANSWER-Negligence
Venue concerns - ANSWER-The location of of the trial
The client may need to send a claim letter to the defendant before filing suit. -
