CIVIL LITIGATION EXAM QUESTIONS WITH
VERIFIED CORRECT ANSWERS
QUESTION>T/F peremptory strikes can be exercised for any reason other than an attorneys "gut" instinct
as long as the strike is not based on a protected class - CORRECT ANSWER~True
QUESTION>during jury selection in a two party case in county court, each party entitled to how many
peremptory strikes? - CORRECT ANSWER~3
QUESTION>Proper summary judgement evidence can consist of which of the following?
A. discovery requests
B.affidavits
C. deposition testimony transcripts
D. all of the above - CORRECT ANSWER~D. all of the above
QUESTION>A non movant is entitled to ___days notice prior to a hearing on a motion for summary
judgement - CORRECT ANSWER~21
QUESTION>T/F post-answer default judgements are taken when the defendant fails to appear at the
time set for trial even though he filed an answer and received notice of trial - CORRECT ANSWER~true
QUESTION>T/F post-answer default judgements must be supported with testimony by the plaintiff -
CORRECT ANSWER~true
QUESTION >How does venue differ from jurisdiction? - CORRECT ANSWER~Jurisdiction refers to the state
in which the suit should be brought; venue refers to the county in which the suit should be brought
QUESTION>What is a cross claim? - CORRECT ANSWER~A claim made by the defendant against another
defendant
, QUESTION>If defendants are "jointly and severally" liable, who is responsible for paying the judgement
awarded to plaintiff? - CORRECT ANSWER~Plaintiff can choose which liable defendant pays the whole
judgement, but each defendant is individually responsible for the entire judgement amount
QUESTION>Which of the following is NOT required to be on the return of service?
A. Signature of the serving authority
B. The date the serving authority received the citation
C. The date the serving authority served the citation
D. The signature of the served defendant - CORRECT ANSWER~D. The signature of the served defendant
QUESTION>A party who wants to present their case without hiring a lawyer is using what kind of
representation? - CORRECT ANSWER~Pro Se
QUESTION>Which of the following documents is required to be filed first by defendant as determined by
its timestamp?
A. Counter petition
B. Motion for forum non conveniens
C. Motion to transfer venue
D. Special Exception
E. Special Appearance - CORRECT ANSWER~Special Appearance
QUESTION>Who files a counter claim? - CORRECT ANSWER~defendant
QUESTION>What resource can help a plaintiff find the information for the registered agent for service
for a Texas corporation? - CORRECT ANSWER~Texas Secretary of State
QUESTION>Which is not a type of trial court?
A. Small claims court
B. intermediate appellate court
C. County court at law
VERIFIED CORRECT ANSWERS
QUESTION>T/F peremptory strikes can be exercised for any reason other than an attorneys "gut" instinct
as long as the strike is not based on a protected class - CORRECT ANSWER~True
QUESTION>during jury selection in a two party case in county court, each party entitled to how many
peremptory strikes? - CORRECT ANSWER~3
QUESTION>Proper summary judgement evidence can consist of which of the following?
A. discovery requests
B.affidavits
C. deposition testimony transcripts
D. all of the above - CORRECT ANSWER~D. all of the above
QUESTION>A non movant is entitled to ___days notice prior to a hearing on a motion for summary
judgement - CORRECT ANSWER~21
QUESTION>T/F post-answer default judgements are taken when the defendant fails to appear at the
time set for trial even though he filed an answer and received notice of trial - CORRECT ANSWER~true
QUESTION>T/F post-answer default judgements must be supported with testimony by the plaintiff -
CORRECT ANSWER~true
QUESTION >How does venue differ from jurisdiction? - CORRECT ANSWER~Jurisdiction refers to the state
in which the suit should be brought; venue refers to the county in which the suit should be brought
QUESTION>What is a cross claim? - CORRECT ANSWER~A claim made by the defendant against another
defendant
, QUESTION>If defendants are "jointly and severally" liable, who is responsible for paying the judgement
awarded to plaintiff? - CORRECT ANSWER~Plaintiff can choose which liable defendant pays the whole
judgement, but each defendant is individually responsible for the entire judgement amount
QUESTION>Which of the following is NOT required to be on the return of service?
A. Signature of the serving authority
B. The date the serving authority received the citation
C. The date the serving authority served the citation
D. The signature of the served defendant - CORRECT ANSWER~D. The signature of the served defendant
QUESTION>A party who wants to present their case without hiring a lawyer is using what kind of
representation? - CORRECT ANSWER~Pro Se
QUESTION>Which of the following documents is required to be filed first by defendant as determined by
its timestamp?
A. Counter petition
B. Motion for forum non conveniens
C. Motion to transfer venue
D. Special Exception
E. Special Appearance - CORRECT ANSWER~Special Appearance
QUESTION>Who files a counter claim? - CORRECT ANSWER~defendant
QUESTION>What resource can help a plaintiff find the information for the registered agent for service
for a Texas corporation? - CORRECT ANSWER~Texas Secretary of State
QUESTION>Which is not a type of trial court?
A. Small claims court
B. intermediate appellate court
C. County court at law