Reference no: EM133230243

I. TRUE/FALSE

1. If a court does not have "subject matter jurisdiction" in a particular case, then it can only hear the case if all parties agree.

2. In order to assert negligence you must establish 4 elements.

3. A General Demurrer can be filed any time

4. A valid method for serving a summons and complaint when the defendant cannot be found, is sending a copy to the defendant by certified mail.

5. Failure to state a cause of action is a valid basis for filing a General Demurrer.

II. MULTIPLE CHOICE

6. If there is clearly a "triable issue of material fact" (an ongoing factual dispute) between the parties, then:

Plaintiff should file a motion for summary judgment

Defendant should ask for a "directed verdict"

It is improper for either party to move for summary judgment

It is improper for either party to engage in settlement discussions

7. Which of the following statements is true?

Both hearsay and privileged information are normally discoverable

Neither hearsay nor privileged information are normally discoverable

Hearsay is normally discoverable, but privileged information is not

Privileged information is discoverable and is also admissible in trial

8. When, if ever, can a judge exclude evidence at trial which is otherwise admissible.

Under any and all circumstances

Never

When, under Evidence Code Section 352, the "probative value" of the evidence is outweighed by the danger of unfair prejudice to a party, confusing the jury, or taking too much time

Only when the evidence has no probative value

9. When, if ever, are "leading questions" allowed at trial?

Always

Never

Only on direct examination

Only on cross-examination

10. The first element in a negligence case which plaintiff must establish is that:

Defendant is guilty of a crime

Defendant intended to harm plaintiff

Defendant owed plaintiff a "duty of care"

Defendant made a material misrepresentation to plaintiff.

11. Which of the following most accurately describes what "breach of duty" means in a negligence case?

Defendant's behavior created some risk of injury to Plaintiff

Defendant failed to use all the care which defendant personally believed was necessary under the circumstances.

Defendant failed to use that level of care which a reasonable person would have used under the exact same circumstances

Defendant failed to use perfect care

12. Under "Res Ipsa Loquitur" ("the thing speaks for itself"), plaintiff is essentially doing what?

Using the injury as evidence of breach of duty by defendant

Using the breach itself as evidence of a "duty of care"

Trying to establish liability for negligence even while admitting that plaintiff himself is also at fault

Arguing that defendant is liable even though there was no "breach of duty" by defendant.

13. Ted crashes into Jim's parked car. Ted was driving 70 mph while talking on his cell phone in a 25 mph zone.

Ted committed ordinary negligence

Ted committed gross negligence

The crash was an unavoidable accident

Ted's liability to Jim is the equivalent of an insurer's liability for damage

14. Which of the following is not part of the trial stage of litigation?

A. direct-examination

B. charge to the jury

C. filing an appellate brief

D. cross-examination

15. Which of the following is not a standard of proof?

A. preponderance of the evidence

B. weight of the evidence

C. beyond a reasonable doubt

D. clear and convincing

III. SHORT ANSWER ESSAY

1. What is the difference between a general demurrer and a motion to quash?

2. Explain the difference between mediation and arbitration.

3. What is the purpose of IRAC & what is a memorandum of law?

4. Explain in detail the "breach of duty" balancing test normally used in negligence cases, (Do not include a discussion of "Res Ipsa Loquitur").

5. Briefly describe the four major purposes of tort law.

6. How do the following three categories of torts differ: intentional torts, negligence and strict liability torts?

7. What is voir dire?

8. Define reasonable person

9. Distinguish between cross-examination and direct examination

10. What is a Motion In Limne and why is it important.