QUESTION 1

1.Formal discovery cannot be conducted before a civil complaint is filed.

True

False

QUESTION 2

1.Juries may decide issues related to both law and fact in simple cases.

True

False

QUESTION 3

1.The basic pleadings in a federal civil case include the complaint, the answer, and the reply.

True

False

QUESTION 4

1.A permissive counterclaim is one that requires the court's permission before it can be filed in a civil case.

True

False

QUESTION 5

1.It is unethical for a lawyer knowingly to offer evidence during litigation that he or she knows is prejudicial.

True

False

QUESTION 6

1.When a case is appealed, the appellate court will base its decision on:

the credibility of the witnesses.

the record of the lower court.

reevaluation of the facts presented to the jury.

none of the above.

QUESTION 7

1.If a paralegal is instructed to ensure that a particular witness personally appears and brings specific documents with him or her,which of the following should be issued?

summons

subpoena

subpoenaducestecum

subpoena capias

QUESTION 8

1.If a person fails to answer interrogatories within the time specified, which rule of the Federal Rules of Civil Procedure provides the remedy for this failure?

Rule 33

Rule 34

Rule 36

Rule 37

QUESTION 9

1.A civil action is commenced in federal court when the defendant is served with a summons and a copy of the complaint.

True

False

QUESTION 10

1.When computing the deadline for response,

include the day of service.

count only ordinary working days.

exclude the day of service.

schedule it for Friday if the last day falls on Saturday.

QUESTION 11

1.A plaintiff is required to respond to a counterclaim:

ten days from date of service.

twenty days from date of service.

thirty days from the date of service.

only if he or she denies the allegations.

QUESTION 12

1.A federal court summons is issued by th plaintiff's attorney and may be served by the U.S. Marshal's Office.

True

False

QUESTION 13

1.An attorney may issue a subpoena to a witness in a federal civil action.

True

False

QUESTION 14

1.Loss of companionship is classified as general damages in a personal injury case.

True

False

QUESTION 15

1.A party may waive personal jurisdiction but cannot waive subject matter jurisdiction.

True

False