Question 1 Service of process is:
The filing of pleadings
The delivery of legal documents
Passage of time before a lawsuit can be filed
The manner in which actions begin
Question 2. Which of the following is false? A deposition is:
Part of the discovery process
A formal means to find out information
Conducted by the judge
Transcribed by a court reporter
Question 3. The initial pleading in a civil action in which a plaintiff alleges a cause or causes of action is:
Counterclaim
Response
Cross-action
Complaint
Question 4. A motion whose purpose is to dispose of a lawsuit without further proceedings is called:
Motion for particulars
Motion to intervene
Motion of expungement
Motion for summary judgment
Question 5. An action brought by a party who has been sued against the person who has sued him is called:
Counterclaim
Response
Interrogatory
Complaint
Question 6. An answer is:
A pleading in response to a complaint
A draft complaint
A third party response
An answerable intent
Question 7. Causes of action are circumstances that give a person the right to bring a lawsuit and to receive relief from a court.
True
False
Question 8. All of the following are types of claimants except:
Petitioner
Challenger
defendant
plaintiff
Question 9. At a preliminary hearing, the prosecutor decides whether the defendant will stand trial.
True
False
Question 10. A lesser included offense is a criminal act sharing some of the same elements as the crime for which a defendant has been indicted and for which the defendant may be convicted, so long as he is not convicted of the more serious offense and this is not considered double jeopardy.
True
False
Question 11. The definition of the state of mind that is required to commit a crime is called:
In rem
Mens rea
Corpus delicti
Modus operandi
Question 12. The intentional tort of battery is the touching or striking of one person by another and without consent, or by an object put in motion by the tortfeasor with the intention of doing harm or giving offense.
True
False
Question 13. Which of these is not a felony?
Murder
Traffic violation
Robbery
Larceny
Question 14. A misdemeanor is a crime not rising to the level of a felony. In most jurisdictions, misdemeanors are offenses for which the punishment is incarceration for less than a year.
True
False
Question 15. Probable cause is a mimimal amount of suspicion that a crime has been committed supported by facts that are probably true.
True
False
Question 16. A definition of robbery is the felonious taking of money or anything of value from the person of another or from his presence, against his will, by force or by putting him in fear including all of the following except:
Theft
Embezzlement
Aggravated assault
Abduction
Question 17. The definition of a supervening act (in a negligence case) is an additional event that occurs subsequent to the original negligence and becomes the proximate cause of injury.
True
False
Question 18. The plaintiff must prove negligence when alleging injury resulting from an unreasonably dangerous defective product.
True
False
Question 19. The civil standard that is used to determine whether a breach of duty occurred is:
Reasonable person
Beyond a reasonable doubt
Clear and convincing evidence
Negligence ab initio
Question 20. Negligence per se is determined by:
The judge
The jury
A law
The U.S. Supreme Court
Question 21. The purpose of punitive damages is to make an example of the defendant and to discourage others from engaging in the same kind of conduct in the future.
True
False
Question 22. The duty of establishing the truth of a matter or the duty of proving a fact that is in dispute is called:
Dismissal
Exhibit
Jury
Burden of proof
Question 23. A group of people selected to determine the truth of a matter is called:
Court of appeals
Mediator
Jury
Expert witness
Question 24. A prospective juror whom a party decides is unqualified or unacceptable may be challenged for cause or may be the subject of a peremptory challenge during:
An out-of-court settlement
Voir dire
Oral argument
Jury instructions
Question 25. Arbitration, conciliation, mediation, and mini-trials are speedier and less costly methods for resolving disputes than going to court. These are examples of:
Certiorari
Impaneling a jury
Voir dire
Alternative dispute resolution
Question 26. The ending of a lawsuit by agreement is called:
Settlement
Appeal
Court order
Judgment
Question 27. The security given for a defendant's appearance in court is known as:
Incest
Bail
Malice
Extortion
Question 28. The degree of proof needed to convict a person of a crime is:
Proof beyond a reasonable doubt
Preponderance of the evidence
Clear and convincing proof
A scintilla of evidence
Question 29. The intentional and premeditated killing of a human being is:
Murder
Manslaughter
Misdemeanor
Mens rea
Question 30. The willful and malicious burning of a building is called:
Larceny
Embezzlement
Arson
Forgery
Question .31. The local newspaper deliberately wrote a false story about a shopkeeper, stating that he was a drunk. This is known as:
Libel
Slander
Conversion
Battery
Question 32. To save production costs, the manufacturer of a baby formula deliberately leaves out the iron that is advertised as a major feature of the formula. A baby is fed the formula for several weeks and suffers severe anemia. The baby's parents hire a lawyer to proceed against the manufacturer after they have the product tested at a lab. The lawyer will most likely recommend a suit based on:
Wrongful death
Necessity
Product liability
Contributory negligence
Question 33. Scott Hansen wants to get a lot of money for his 2008 car. He tells the purchaser the car only has 30,000 miles, when in reality it has 130,000 miles. This is an example of:
Necessity
Misrepresentation
Infliction of emotional distress
Contributory negligence
Question 34. Fred Hunt approaches an elevator, which stops 6 inches higher than the floor. The elevator has not been serviced in over 10 years. Fred Hunt is in a hurry and is not looking where he is going. Fred trips and is severely injured. Should the matter go to trial, the court will weigh the evidence comparing the negligence of the plaintiff with that of the defendant. This is known as:
Last clear chance
Assumption of risk
Comparative negligence
Invasion of privacy
Question 35. A means for providing a party with access to facts that are within the knowledge of the other side, to enable the party to better try the case is:
Diversity
Discovery
Injunction
Equitable action
Question 36. A person who brings a lawsuit is the:
Defendant
Respondent
Plaintiff
Stenographer
Question 37. A caption is:
The heading on a pleading or motion
A cause of action
An affirmation
An action
Question 38. The jurisdiction of a federal court arising from a controversy between citizens of different states is:
Jurisprudence
Personal jurisdiction
Diversity jurisdiction
In personam jurisdiction
Question 39. The charge made in writing by a grand jury based upon evidence presented to it, accusing a person of having committed a criminal act, is the:
Preliminary hearing
Arrest
Stop
Indictment
Question 40. The rule of constitutional law that evidence secured by the police by means of an unreasonable search and seizure cannot be used as evidence in a criminal prosecution is:
Strict liability crimes
Lesser included offense
Exclusionary rule
Beyond a reasonable doubt