Question 1
Question
What is a deposition?
Question 2
Question
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:
Answer
-
Counterclaim
-
Cross-claim
-
Answer
-
Complaint
Question 3
Answer
-
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
Question
What is service of process?
Answer
-
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
Question
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:
Answer
-
diversity
-
discovery
-
injunction
-
equitable action
Question 6
Question
A counterclaim is a cause of action on which the defendant might have sued the plaintiff in
a separate action.
Question 7
Question
What is a cause of action?
Answer
-
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
Question
A defendant is not a type of claimant?
Question 9
Question
The judge decides whether or not to bring criminal charges against the defendant.
Question 10
Question
A counterclaim is the claim that a plaintiff files against a 3rd party to the lawsuit.
Question 11
Question
The degree of proof needed to convict a person of a criminal act:
Answer
-
Beyond a reasonable doubt
-
Clear and convincing proof
-
a scintilla of evidence
-
Preponderance of evidence
Question 12
Question
The local newspaper deliberately wrote a
false story about a shopkeeper, stating
that he was a drunk. This is known as:
Answer
-
Libel
-
Slander
-
Defamation
-
Battery
Question 13
Question
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:
Answer
-
Assumption of Risk
-
Comparative Fault
-
Last Clear Chance
-
Invasion of Privacy
Question 14
Question
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.
Question 15
Question
The elements of negligence are:
Answer
-
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
Question
A person who brings a lawsuit:
Answer
-
defendant
-
respondent
-
plaintiff
-
Court reporter
Question 17
Question
The intentional and premeditated
killing of a human being is:
Answer
-
Mens Rea
-
Murder
-
Manslaughter
-
Misdemeanor
Question 18
Question
The failure to do something that a reasonable person would do in the same circumstances is
known as negligence.
Question 19
Question
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.
Question 20
Question
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
Question 21
Question
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 :
Answer
-
Supervening Act
-
Negligence
-
Strict Liability
-
Defamation
Question 22
Question
Negligence per se is determined by the U.S. Supreme Court.
Question 23
Question
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
Answer
-
plea bargain
-
self-defense
-
criminal charge
-
lesser included offense
Question 24
Question
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
Answer
-
assualt
-
defamation
-
battery
-
robbery
Question 25
Question
A general term for more serious crimes
such as murder and robbery is
Answer
-
violation
-
misdeameanor
-
battery
-
felony
Question 26
Question
_______________________ is a minimal amount of suspicion supported by facts that are probably true.
Question 27
Question
A crime that cannot be committed
without at the same time committing
one or more other crimes is:
Answer
-
double jeopardy
-
extortion
-
exclusionary rule
-
lesser included offense
Question 28
Question
What is the purpose of punitive damages
Answer
-
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