Civil Actions

Question 1

XYZ Manufacturing has a document retention policy in which emails are automatically deleted after a specified period. A trading partner filed a civil lawsuit against XYZ in a civil law jurisdiction, claiming that XYZ sent fraudulent invoices via email. Under most civil law systems, the court would establish when XYZ should preserve and produce documents.

A. True
B. False

Answer 1

True

Question 2

Which of the following BEST describes the standard of proof for civil trials in civil law jurisdictions?

A. Clear and convincing
B. More likely than not
C. The inner conviction of the judge
D. Preponderance of the evidence

Answer 2

C. The inner conviction of the judge

Question 3

Gerald is involved in pretrial civil litigation in a common law jurisdiction and believes the other party knows several facts that are relevant to the case. Which of the following statements is MOST ACCURATE?

A. Gerald may request the information from the party through a written pretrial examination.
B. Gerald must wait for the judge to obtain the information during the judge’s investigation.
C. Gerald may not request any information from the other party in pretrial civil litigation.
D. Gerald will have to wait until trial to request that the other party provide this information

Answer 3

A. Gerald may request the information from the party through a written pretrial examination.

Question 4

In most jurisdictions, the plaintiff’s initial pleading requires various kinds of information. Which of the following is NOT one of them?

A. Grounds for legal relief
B. All documents that might be introduced as evidence during the proceedings
C. Specific facts on which the party’s claim relies
D. A summary of the evidence

Answer 4

B. All documents that might be introduced as evidence during the proceedings

Question 5

Generally, after a civil trial, only the losing side may appeal from an adverse judgment.

A. True
B. False

Answer 5

False

Question 6

If an employee commits internal fraud, then the only feasible way the employer can recover the losses is to get them from the employee through agreement or litigation.

A. True
B. False

Answer 6

False

Question 7

In civil cases in some common law jurisdictions, the jury verdict does NOT need to be unanimous.

A. True
B. False

Answer 7

True

Question 8

Which of the following BEST describes the civil trial process in a civil law jurisdiction?

A. The judge is responsible for the trial record, which is a word-for-word transcript of the proceedings.
B. The judge generally rules on the admissibility of the evidence at the beginning of the trial.
C. It is a continual series of meetings and written correspondences, rather than a single event.
D. It is generally divided into the pretrial stage and the trial stage.

Answer 8

C. It is a continual series of meetings and written correspondences, rather than a single event.

Question 9

Which of the following types of remedies in civil litigation involves the victim recovering money from the defendant for compensation, reimbursement, or reparation for the defendant’s offense?

A. Damages
B. Injunction
C. Equitable relief
D. Declaratory relief

Answer 9

A. Damages

Question 10

Which of the following statements concerning the alternative dispute resolution process is CORRECT?

A. Arbitration decisions are binding until a party challenges the decision in court.
B. Arbitration decisions are always binding.
C. Mediation agreements are enforceable as binding contracts.
D. Mediation agreements are generally nonbinding.

Answer 10

C. Mediation agreements are enforceable as binding contracts.

Question 11

The main distinction between mediation and arbitration is that with arbitration, the arbitrator decides who wins the case. In contrast, in mediation, the mediator tries to help the parties reach a settlement.

A. True
B. False

Answer 11

True

Question 12

In civil law systems, the standard of proof in civil trials and criminal trials is generally the same.

A. True
B. False

Answer 12

True

Question 13

In most common law jurisdictions, plaintiffs in a civil trial must prove their case beyond a reasonable doubt.

A. True
B. False
Submit

Answer 13

False

Question 14

Two parties entered into a real estate contract for various properties, but the vague nature of the contract led to confusion about who owned a particular property. The parties took the issue to court, and the court interpreted and stated the rights of each party under the contract. What type of remedy did the court provide?

A. Declaratory relief
B. Exemplary damages
C. Punitive damages
D. Monetary relief

Answer 14

A. Declaratory relief

Question 15

An injunction is a type of equitable remedy in which a court orders a party to perform, or refrain from performing, a specific act.

A. True
B. False

Answer 15

True

Question 16

In most common law systems, relevant documents in civil cases are listed and described by the party that holds them in which of the following formats?

A. Injunctions list
B. Affidavit of documents or records
C. Subpoena coram non judice
D. Writ of attachment

Answer 16

B. Affidavit of documents or records

Question 17

A prejudgment attachment is a court order that prevents a defendant or a third party from disposing of, spending, damaging, transferring, or concealing assets or property while a lawsuit is pending.

A. True
B. False

Answer 17

True

Question 18

The commencement of a civil action begins with the filing of a(n):

A. Information, usually in the jurisdiction in which the defendant or plaintiff resides or where the claim arose
B. Information, usually in the jurisdiction in which the plaintiff resides
C. Supposition, usually in the jurisdiction in which the defendant resides
D. Pleading, usually in the jurisdiction in which the defendant resides or where the claim originated

Answer 18

D. Pleading, usually in the jurisdiction in which the defendant resides or where the claim originated

Question 19

Which of the following is the alternative dispute process whereby an impartial third person assists the parties in a dispute with reaching a mutually agreeable settlement?

A. Court-annexed conciliation
B. Arbitration
C. Mediation
D. Propitiation

Answer 19

C. Mediation

Question 20

An individual is a defendant in a civil fraud lawsuit filed by their employer. In the same proceeding, the jurisdiction allows the defendant to file a claim stating the employer owes them back pay. The defendant’s claim in this case is called a counterclaim.

A. True
B. False

Answer 20

True

Question 21

When does the duty to preserve relevant evidence regarding civil litigation typically begin in common law countries?

A. A short period after the plaintiff files the lawsuit, typically thirty days
B. As soon as the defendant files an answer or response to the plaintiff’s pleading or complaint
C. As soon as the plaintiff files the lawsuit
D. When litigation is reasonably anticipated

Answer 21

D. When litigation is reasonably anticipated

Question 22

In a civil action for fraud, a court orders a defendant not to spend the proceeds of the alleged fraud or transfer any property while the lawsuit is ongoing. Which type of provisional remedy does this BEST describe?

A. Prejudgment attachment
B. Declaratory judgment
C. Writ of summons
D. Summary judgment

Answer 22

A. Prejudgment attachment

Question 23

In an arbitration proceeding, the arbitrator acts as a judge or jury by deciding the outcome of the case.

A. True
B. False

Answer 23

True

Question 24

Fidelity insurance financially covers a party against losses caused by customers.

A. True
B. False

Answer 24

False

Question 25

Which of the following is a method of pretrial civil discovery that is used in most common law jurisdictions?

A. Pretrial written examinations
B. Indictments
C. Requests for agreement
D. Injunctions

Answer 25

A. Pretrial written examinations

Question 26

In common law jurisdictions, civil juries must be composed of the same number of jurors as in the jurisdiction’s criminal trials.

A. True
B. False

Answer 26

False

Question 27

Some common law countries allow parties to conduct a(n) _____________, which is sworn testimony given by a party or witness upon questioning by counsel for one of the parties before trial and outside of court, usually in a lawyer’s office.

A. Oral examination
B. Request for admission
C. Indictment
D. Interrogatory

Answer 27

A. Oral examination

Question 28

Integrative bargaining is the process whereby an impartial third person assists the parties in a dispute with reaching a resolution.

A. True
B. False

Answer 28

False

Question 29

Which of the following claims in a civil lawsuit would be considered a counterclaim?

A. A defendant’s claim against the original plaintiff of the action
B. A plaintiff’s response to a defendant’s affirmative defense
C. A defendant’s claim against another defendant in the same proceeding
D. A plaintiff’s challenge of the ruling in another case

Answer 29

A. A defendant’s claim against the original plaintiff of the action