Ch. 3,4, 5 Review

Question 1

The delivering of summonses or other legal documents to the people who are required to receive them is called

Answer 1

service of process

Question 2

A formal document containing a short and plain statement of the claim indicating that the plaintiff is entitled to relief and containing a demand for the relief sought is called a(n)

Answer 2

complaint

Question 3

The means of compelling a defendant in an action to appear in court is called

Answer 3

process

Question 4

The procedure for attaching money that the defendant has in a bank account or wages that have been earned by, but not yet been paid to the defendant is called

Answer 4

garnishment

Question 5

After listening to the client’s version of the facts, an attorney determines the _________ that are involved in a case.

Answer 5

legal issues

Question 6

When real property is attached, the writ of attachment or notice of lis pendens is recorded at the city or town hall where the property is located.

Answer 6

True

Question 7

To win a civil case, the plaintiff must prove the case beyond a reasonable doubt.

Answer 7

False

Question 8

An attachment is the act of taking a person’s property and bringing it into the custody of the law so that it may be applied toward the defendant’s debt if the plaintiff wins the suit.

Answer 8

True

Question 9

A deponent is a person who signs an affidavit.

Answer 9

True

Question 10

To be brought to court, potential cases must be justiciable.

Answer 10

True

Question 11

Pendency of a prior action in a court of the same state is a reason for a defendant to make a

Answer 11

motion to dismiss

Question 12

A summary judgment is an immediate decision by the court

Answer 12

without going to trial based on the papers filed by the parties

Question 13

If the defendant admits the plaintiff’s allegation but introduces something new that constitutes a defense to it, they use

Answer 13

an affirmative defense

Question 14

A written or oral request made to a court for a certain action to be taken is called a

Answer 14

motion

Question 15

A motion for recusal is a request that the judge disqualify himself or herself from the case.

Answer 15

True

Question 16

When an affirmative defense is used, the defendant denies the plaintiff’s allegation.

Answer 16

False

Question 17

A motion to dismiss may be allowed for lack of jurisdiction over the defendant personally.

Answer 17

True

Question 18

A counterclaim is a claim brought by one defendant against another defendant in the same suit.

Answer 18

False

Question 19

If a pleading is so vague that the other party cannot properly respond to it, then a motion to strike may be made

Answer 19

False

Question 20

After an action has begun, any party to a suit may ask written questions of any other party to a suit.

Answer 20

False

Question 21

Subpoena ad testificandum is an order commanding a person to appear and testify in a legal action.

Answer 21

True

Question 22

Cross questions are asked in response to redirect questions.

Answer 22

False

Question 23

The safe harbor provision protects a party from discovery sanctions when a party cannot produce ESI because it was lost due to the routine, good-faith operations of a computer.

Answer 23

True

Question 24

Court-ordered penalties for failing to produce evidence are called discovery sanctions.

Answer 24

True

Question 25

A motion for recusal is a request that the judge disqualify himself or herself from the case.

Answer 25

True

Question 26

When an affirmative defense is used, the defendant denies the plaintiff’s allegation.

Answer 26

False

Question 27

A motion to dismiss may be allowed for lack of jurisdiction over the defendant personally.

Answer 27

True

Question 28

A __________ is a lawsuit other than a criminal one.

Answer 28

civil action

Question 29

Having a court settle a dispute between two parties in a court action is known as __________

Answer 29

litigation

Question 30

A __________ is a claim that one has against the property of another.

Answer 30

lien

Question 31

A record of cases filed in court is called a __________ .

Answer 31

docket

Question 32

A __________ is used to enforce a judgment for the payment of money.

Answer 32

writ of execution

Question 33

A __________ is a pleading available to the defendant to attack the plaintiff’s complaint by raising a point of law, pointing out that no cause of action exists.

Answer 33

demurrer

Question 34

A __________ is an order disposing of an action without trial of the issues.

Answer 34

dismissal

Question 35

The __________ is the legal name given to the answer to the counterclaim.

Answer 35

reply

Question 36

A __________ is the termination of an action that did not adjudicate issues on the merits.

Answer 36

nonsuit

Question 37

Unless a case is dismissed by the allowance of a motion to dismiss, the defendant must file a written __________ within a prescribed number of days after service of process.

Answer 37

answer