Question 1 of 20 : Select the best answer for the question.
1. Johnson H. Carruthers, an architect, enters into a legal binding agreement with the Board of Education in Harrington County, West Virginia, to design a new high school. Carruthers used a contract form provided to him by his professional association, the American Institute of Architects. Their standard form has been tested and upheld or modified in various courts of law. Carruthers eventually wound up suing the Board of Education for nonpayment. What type of law is involved?
A. Procedural law
B. Substantive law
C. Workers’ compensation law
D. Evidentiary law
Question 2 of 20 : Select the best answer for the question.
2. What do these three areas of law have in common: dismissal request, proof of service, and small claims?
A. Some states require the use of approved form pleadings.
B. They’re areas of law not taught in law school.
C. They’re all part of the discovery process.
D. Each requires special service.
Question 3 of 20 : Select the best answer for the question.
3. The power for federal courts to issue writs is addressed in which body of jurisdictional and procedural rules?
A. Purdon’s Codified Statutes
B. The Uniform Civil Practices Act
C. Local rules of court
D. The Judiciary and Judicial Procedure Act
Question 4 of 20 : Select the best answer for the question.
4. During a trial, the opposing lawyers have the opportunity to file motions. What is the real purpose of filing a motion?
A. To ask the court to take action
B. To provide additional information to the court not in the original complaint
C. To inform the court of upcoming strategies
D. To reschedule certain elements of the case
Question 5 of 20 : Select the best answer for the question.
5. Which Federal Rule of Civil Procedure governs the filing of class-action lawsuits?
A. Rule 55
B. Rule 23
C. Rule 8(c)
D. Rule 12
Question 6 of 20 : Select the best answer for the question.
6. Which of the following discovery tools involve a court reporter?
A. Written interrogatories
B. Request for physical examination
D. Requests to produce
Question 7 of 20 : Select the best answer for the question.
7. An answer to a verified complaint should include a verified
A. list of affirmative defenses and cross-claim.
B. general denial with affirmative defenses.
C. general denial and counterclaim.
D. specific denial of each point with affirmative defenses.
Question 8 of 20 : Select the best answer for the question.
8. In criminal litigation, motions may be filed
A. only when each side rests its case.
B. following the exchange of discovery by the defense and prosecution.
C. when the judge rules that motions may be presented.
D. only after the trial actually begins.
Question 9 of 20 : Select the best answer for the question.
9. Brown v. Anderson is a lawsuit brought by Andrew J. Brown, a songwriter from Nashville, Tennessee, against Anderson Publishing Co., which owns the rights to a song Brown said he wrote in 1963 and for which Anderson hasn’t been paying royalties. Brown files the lawsuit in local county court in Nashville because his lawyer says that will resolve the contract suit the fastest. However, the defendant views the case as a copyright case that belongs in the federal district court. How does this case get to federal court?
A. Anderson files a motion for judgment on the pleadings.
B. The US Supreme Court orders the federal district court to hear this case.
C. Anderson files a motion for removal jurisdiction.
D. The federal district court orders that this case be brought before it.
Question 10 of 20 : Select the best answer for the question.
10. Bob and Ted live in the same state. Bob sues Ted for damages from a car accident that occurred in their home state, seeking damages of $37,000. Which of the following is true?
A. The case will be tried in a state trial court.
B. The case will be tried in federal district court.
C. The case will be tried in a court selected by Ted.
D. The case will be tried in the federal court of claims.
Question 11 of 20 : Select the best answer for the question.
11. Which of the following is a legitimate criminal procedure?
A. A defendant who takes the witness stand must confess if the prosecutor asks directly, “Did you do it?”
B. The police tell a suspect that they’ll let him call his lawyer after he’s cooperated with their questioning.
C. The defendant must call witnesses at trial to prove her innocence.
D. The police get a warrant before arresting a suspect based on the testimony of witnesses to the crime.
Question 12 of 20 : Select the best answer for the question.
12. A verified complaint is one that
A. is given under oath.
B. is admitted as true by the defendant.
C. has been proven at trial to be true.
D. is supported by impartial witnesses.
Question 13 of 20 : Select the best answer for the question.
13. Bob files a bankruptcy case. Which of the following is necessarily true?
A. The case is heard in state court in the state where Bob resides.
B. The case is heard in federal court.
C. Bob will never be able to repay his debts.
D. Bob had tried to pay his debts but couldn’t do so.
Question 14 of 20 : Select the best answer for the question.
14. Tom is charged with murder. Bob testifies that he saw Sally shoot Tom. This is
B. circumstantial evidence.
D. direct evidence.
Question 15 of 20 : Select the best answer for the question.
15. In a civil proceeding, trial by jury is a right given to us from what source?
A. The Administrative Code of the Federal Court Procedures
B. The Judiciary and Judicial Procedure Act
C. Federal Rules of Civil Procedure
D. The Seventh Amendment of the US Constitution
Question 16 of 20 : Select the best answer for the question.
16. At trial, the prosecutor introduces the gun that was used to commit the murder. This is an example of
B. circumstantial evidence.
D. demonstrative evidence.
Question 17 of 20 : Select the best answer for the question.
17. Which of the following is an example of direct examination?
A. The defense lawyer in a murder trial calls a witness who was with the defendant on the night of the crime, and asks questions about what he saw.
B. The defense lawyer in a malpractice suit asks the plaintiff’s expert witness questions about inconsistencies in his testimony.
C. The trial judge in a murder trial asks potential jurors how they feel about the death penalty, to determine juror qualifications and impartiality.
D. Attorneys for the plaintiff and defendant ask questions of potential jurors during voir dire in an attempt to assemble a sympathetic jury.
Question 18 of 20 : Select the best answer for the question.
18. A cause of action that’s good enough to require rebuttal, and to submit the case to trial, is a
A. habeas corpus case.
B. direct to verdict case.
C. summary judgment case.
D. prima facie case.
Question 19 of 20 : Select the best answer for the question.
19. Once a lawsuit has been served and the preliminary trial work has begun, there’s a procedure available known as discovery. What is discovery?
A. It’s the system the lawyers use to find out facts that the other side doesn’t want revealed in the courtroom.
B. It’s the process by which lawyers find out the details of the jurors being called to serve on the case.
C. It’s a process whereby the court of jurisdiction releases to the opposing lawyers a list of all of the laws relevant to the case.
D. It’s the method by which opposing parties obtain the full and exact factual information of the legal case.
Question 20 of 20 : Select the best answer for the question.
20. Bob is sued by Ted. Bob knows he has 30 days to file an answer because what document tells him so?