PA106- Midterm Review

Question 1 of 28

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What is a deposition?

Select one or more of the following:

  • a method of discovery

  • part of the pleadings

  • written questions sent to a party

  • questions asked by the judge

Question 2 of 28

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The initial pleading in a civil action in
which a plaintiff alleges a cause of
action and asks that the wrong done
him be remedied by the court is the:

Select one or more of the following:

  • Counterclaim

  • Cross-claim

  • Answer

  • Complaint

Question 3 of 28

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An answer is?

Select one of the following:

  • The pleading that is filed to start a legal action.

  • The pleading filed in response to a complaint.

  • The judge's opinion once the trial has been conducted.

  • Same as a motion for summary judgment

Question 4 of 28

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What is service of process?

Select one or more of the following:

  • The filing of pleadings

  • The way to begin a legal divorce proceeding.

  • Delivery of Legal Documents

  • The way that the defendant notifies the plaintiff of the lawsuit.

Question 5 of 28

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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:

Select one of the following:

  • diversity

  • discovery

  • injunction

  • equitable action

Question 6 of 28

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A counterclaim is a cause of action on which the defendant might have sued the plaintiff in
a separate action.

Select one of the following:

  • True
  • False

Question 7 of 28

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What is a cause of action?

Select one of the following:

  • A method to dismiss a lawsuit.

  • Circumstances that give a person the right to bring a lawsuit and to receive
    relief from a court.

  • Summary judgment

  • The court's ability to hear a lawsuit.

Question 8 of 28

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A defendant is not a type of claimant?

Select one of the following:

  • True
  • False

Question 9 of 28

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The judge decides whether or not to bring criminal charges against the defendant.

Select one of the following:

  • True
  • False

Question 10 of 28

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A counterclaim is the claim that a plaintiff files against a 3rd party to the lawsuit.

Select one of the following:

  • True
  • False

Question 11 of 28

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The degree of proof needed to convict a person of a criminal act:

Select one of the following:

  • Beyond a reasonable doubt

  • Clear and convincing proof

  • a scintilla of evidence

  • Preponderance of evidence

Question 12 of 28

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The local newspaper deliberately wrote a
false story about a shopkeeper, stating
that he was a drunk. This is known as:

Select one of the following:

  • Libel

  • Slander

  • Defamation

  • Battery

Question 13 of 28

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Fred Hunt walks into a Bromley elevator
which stops six inches higher than the
floor. The elevator has not been serviced
in over ten years. Fred Hunt was in a
hurry and ran into the elevator, not
looking where he was going. 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:

Select one of the following:

  • Assumption of Risk

  • Comparative Fault

  • Last Clear Chance

  • Invasion of Privacy

Question 14 of 28

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A 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.

Select one of the following:

  • True
  • False

Question 15 of 28

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The elements of negligence are:

Select one of the following:

  • duty, breach of duty and mens rea

  • duty, breach of duty, causation and damages

  • breach of duty, damages, reasonable person and damages

  • Duty, breach of duty, reasonable person, damages and causation.

Question 16 of 28

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A person who brings a lawsuit:

Select one of the following:

  • defendant

  • respondent

  • plaintiff

  • Court reporter

Question 17 of 28

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The intentional and premeditated
killing of a human being is:

Select one of the following:

  • Mens Rea

  • Murder

  • Manslaughter

  • Misdemeanor

Question 18 of 28

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The failure to do something that a reasonable person would do in the same circumstances is
known as negligence.

Select one of the following:

  • True
  • False

Question 19 of 28

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A _______________________________ is a method of disposing of an action without further proceedings. Under the
Federal Rules of Civil Procedure, and the rules of civil procedure of many
states, a party against whom a claim, counterclaim or cross-claim is asserted,
or against whom a declaratory judgment is sought, may file a motion for summary
judgment seeking judgment in her favor if there is no genuine issue as to
any material fact.

Select one of the following:

  • Motion to dismiss

  • A Counter claim

  • Motion for Summary Judgment

  • Complaint

Question 20 of 28

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A thing so dangerous that if it causes injury the law may impose absolute liability even though
there was no negligence is a dangerous instrumentality

Select one of the following:

  • True
  • False

Question 21 of 28

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In the law of negligence, a new or additional event that occurs subsequent to
the original negligence and becomes the proximate cause of injury is :

Select one of the following:

  • Supervening Act

  • Negligence

  • Strict Liability

  • Defamation

Question 22 of 28

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Negligence per se is determined by the U.S. Supreme Court.

Select one of the following:

  • True
  • False

Question 23 of 28

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A ____________________________ is a criminal act within 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

Select one of the following:

  • plea bargain

  • self-defense

  • criminal charge

  • lesser included offense

Question 24 of 28

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The intentional tort of _______________ is the unconsented touching or striking of one person by another, or by an object put in motion by him, with the intention of doing harm or giving offense

Select one of the following:

  • assualt

  • defamation

  • battery

  • robbery

Question 25 of 28

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A general term for more serious crimes
such as murder and robbery is

Select one of the following:

  • violation

  • misdeameanor

  • battery

  • felony

Question 26 of 28

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_______________________ is a minimal amount of suspicion supported by facts that are probably true.

Select one of the following:

  • Probable cause

  • Beyond a reasonable doubt

  • Reasonable Person

  • Preponderance of the Evidence

Question 27 of 28

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A crime that cannot be committed
without at the same time committing
one or more other crimes is:

Select one of the following:

  • double jeopardy

  • extortion

  • exclusionary rule

  • lesser included offense

Question 28 of 28

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What is the purpose of punitive damages

Select one of the following:

  • to punish the defendant

  • to allow the plaintiff to recover for actual loss

  • to provide the plaintiff with recovery for lost wages

  • to pay the medical bills of the plaintiff

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PA106- Midterm Review

skinsella
Quiz by , created almost 2 years ago

Quiz on PA106- Midterm Review, created by skinsella on 02/02/2015.

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Created by skinsella almost 2 years ago
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