A defendant is allowed to file a motion to dismiss a plaintiff's complaint, but which of these would not be appropriate to file:

Group of answer choices

the court does not have jurisdiction over the defendant

the plaintiff failed to state a claim for which the law provides a remedy

there was not proper service of the complaint

all of the above choices are possibly appropriate

the court does not have jurisdiction over the subject matter

The defendant's reply to the complaint, in which the defendant admits or denies the allegations, is known as:

Group of answer choices

a countercomplaint

a rebuttal

a motion to admit

an answer

If, in response to a plaintiff's assertions, a defendant asserts that the plaintiff owes the defendant money, the defendant has made a:

Group of answer choices

demurrer

counterclaim

affirmative defense

summons

If a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint, the defendant has asserted:

Group of answer choices

a pleading

an answer

a counterclaim

an affirmative defense

The purpose of the pleadings is to:

Group of answer choices

notify each of the parties of the claims and defenses of each other

none of the other choices are correct

limit the evidence to the agreed upon items

determine if a jury will be used

The discovery state in the trial process is intended for the:

Group of answer choices

parties to obtain information about the facts before the trial starts

judge to have a chance to review the arguments before they make them before the jury

parties to have time to present their sides of the case to the judge, who discovers the truth

parties to have time to present their sides of the case to the jury, so it can discover the truth

According to the Federal Rules of Civil Procedure, a party seeking information must use a discovery tool that:

Group of answer choices

the other party approves of before hand

imposes significant burdens on the other party

is not "unduly burdensome" to the other party

the bailiff approves of

Depositions:

Group of answer choices

may only be taken once trial has commenced

are taken before trial, during discovery, but may not be taken from the defendant herself

are taken before trial or during trial

are taken before trial, during discovery

If the testimony of an expert witness is critical to a case being made, but the judge rejects the expert testimony as not credible, then, according to the Supreme Court:

Group of answer choices

the case may be ended by summary judgment

there will be a new trial with a different witness

there will be a new trial if the defendant, not the plaintiff, wishes to have one with or without new experts

there will be a new trial with the witness allowed to present corrected evidence

Which of the following in not true about expert witnesses and their testimony:

Group of answer choices

the testimony may not be contrary to prevailing scientific opinion

the experts may not be questioned by the opposition before trial

when experts conflict, the testimony of both sides will be stricken

if the evidence is not credible it will be rejected by the court