Reference no: EM133330996
Questions
1. The process of civil litigation formally begins when one party files a/an.
a. complaint
b. answer
c. motion
d. writ
2. A pleading filed by a defendant denying that the plaintiff is entitled to any relief is known as the _________.
a. petition
b. answer
c. complaint
d. summons
3. The primary source of the law is found in.
a. codes
b. case reporters
c. constitutions
d. all of the above
4. The role of the appellate court includes.
a. determining the credibility of witnesses at the trial level
b. reevaluating the factual determinations made by the trial court
c. determining if any legal errors occurred at the trial level
d. hearing testimony from important witnesses
5. The U.S. Supreme Court can hear appeals from state courts.
a. as long as a state supreme court has already heard the case
b. if the state supreme court refuses to hear the case
c. if a federal or constitutional issue exists
d. all of the above.
6. In a federal case, trials generally occur in.
a. the district court
b. the courts of appeal
c. the Supreme Court
d. all of the above
7. The authority that a court has to hear a particular type of case is known as.
a. subject matter jurisdiction
b. personal jurisdiction
c. in rem jurisdiction
d. quasi in rem jurisdiction
8. A state always has personal jurisdiction over a defendant in a lawsuit if ___________.
a. the defendant is a U.S. citizen
b. the defendant is a citizen of that state
c. the plaintiff sustained injuries or damages within the state
d. both b and c
9. The part of a complaint or petition that identifies the parties to the lawsuit is known as the.
a. caption
b. allegations
c. prayer
d. subscription
10. Andrews and Bates have a written contract in which Bates promised to sell Andrews a piece of real estate. Bates refused to complete the transaction. Andrews sued Bates for specific performance, asking the court to order Bates to complete the sale. This action is for ________.
a. compensatory damages
b. punitive damages
c. equitable relief
d. declarative relief
11. A five-year-old child cannot maintain a lawsuit in his own name because ______.
a. the child is not a real party in interest
b. a child lacks capacity to sue
c. a child does not have status to sue
d. of all of the above
(True/False)
12. Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, the car crashes, and Woo is seriously injured. Woo 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.
13. In the lawsuit, Kraft and Molina are the plaintiffs.
True
False
14. Brady would be allowed to interview witnesses to the accident.
True
False
15. Brady would be allowed to prepare a draft of the complaint to be filed in the action.
True
False
16. Before filing a lawsuit, the parties would be required to arbitrate their dispute.
True
False
17. This is a criminal case.
True
False
(True/False)
18. Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue
19. If the accident happened in Oklahoma, the state courts of Oklahoma could not exercise personal jurisdiction over Jackson because he is not a citizen of that state.
True
False
20. If the accident happened in Alabama, the state courts of Oklahoma would have jurisdiction to hear the case.
True
False
21. If the accident happened in Alabama, the state courts of Alabama would have jurisdiction, even though Stevens is not a citizen of that state.
True
False
22. If the accident happened in Alabama, the state courts of Alabama and Oklahoma have concurrent jurisdiction.
True
False
23. If the accident happened in Alabama, and Stevens' damages exceed $75,000, the state courts of Alabama and the federal court have concurrent jurisdiction.
True
False
24. Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, the company Delaney worked for. In fact, Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries.
25. . Piazza would probably sue for a type of damage known as compensatory damages.
True
False
26. Piazza's medical bills are an item of special damages.
True
False
27. Piazza's pain and suffering are an item of special damages.
True
False
28. Delaney should not be named as a defendant in this lawsuit, because he is a director and officer of the corporation.
True
False
29. If Exquisite Homes is sued, it should be identified in the complaint as "DGA, Inc., a corporation, doing business as Exquisite Homes."
True
False