Question 1: Fred wants to sue Sally for breach of contract.Which statement is most accurate?

All of the answers are correct.

Fred would start the law suit by having Sally served with an answer.

Fred would start the law suit by having Sally served with a motion for summary judgment.

Fred would start the law suit by having Sally served with a summons and complaint.

Question 2

Danny files a law suit against Lonnie, alleging that she failed to pay him all of his salary.Lonnie denies the allegation and claims that Danny breached their contract and actually owes her damages for the breach. Lonnie's claim is a

counterclaim.

counterpoint.

contracharge.

cross-complaint.

Question 3

Matt wishes to sue Todd for a breach of contract.Which of the following is most accurate?

Matt would be the respondent; Todd would be the petitioner.

Todd would be the plaintiff; Mark would be the defendant.

Matt and Todd would both be plaintiffs.

Matt would be the plaintiff; Todd would be the defendant.

Question 4

Michelle was served with a summons and complaint.Which statement is most accurate?

None of the answers are correct.

Michelle's attorney should respond by serving a motion for a default judgment.

Michelle's attorney should respond by serving a complaint.

Michelle's attorney should respond by serving an Answer.

Question 5

Leroy has started a lawsuit against Roxy.The process by which their respective attorneys learn what evidence the other attorney has is known as:

Discovery.

An answer.

None of the answers are correct.

Summary judgment

Question 6

Betsy started a lawsuit against Payton.The legal document that must specifically deny or admit the allegations in the complaint is called the _______ and would be filed by _________.

the answer/ Betsy

the summons / Payton

the answer / Payton

the motion / Betsy

Question 7

Sofia files a law suit against Yvie.Yvie - through her attorneys - acknowledge that the parties do not dispute the facts and the only question is how the law applies to those facts.Which is the most likely motion that Yvie and her attorneys will file?

motion for default judgment on the pleadings.

motion for summary judgment.

motion for acounterclaim.

motion to dismiss.

Question 8

Mike got in a car accident with Ben.Ben is suing Mike for $100,000.00.Which statement is most accurate?

Ben has the burden of proving Mike liable by a preponderance of the evidence.

Ben has the burden of proving Mike liable beyond a reasonable doubt.

Mike has the burden of disproving his liability by a preponderance of the evidence.

Mike has the burden of disproving his liability beyond a reasonable doubt.

Question 9

Jodi wants to start a law suit against PathwaysInsurance Company by filing a complaint. The complaint should include

an explanation of the proof to be offered at trial.

a statement alleging the facts showing the court has jurisdiction.

a motion for judgment on the pleadings.

a statement refuting any defense that the defendant might assert.

Flag this Question

Question 10

1pts

Ike sued Edgar for a breach of contract.Which statement is most accurate?

Group of answer choices

None of the above.

Ike's attorney would give a summation to the jury before Edgar's attorney.

Edgar's attorney does not have a right to give a jury summation.

Edgar's attorney would give a summation to the jury before Ike's attorney.

Flag this Question

Question 11

1pts

Tim mowed John's lawn for the entire summer.John did not pay Tim all of the money he owed him so Tim sued John.John received the summons and complaint but threw it in the garbage.Which of the following statements is the most accurate?

Group of answer choices

None of the answers.

Tim's attorney could bring a motion seeking a default judgment against John based upon John's failure to file an answer.

Tim's attorney could bring a motion seeking a summary judgment against John based upon John's failure to file an answer.

Tim's attorney could bring a motion for summary judgment since there is no issue of fact.

Flag this Question

Question 12

1pts

Sarah bought a used car from Anna for $6,000.00.Sarah paid Anna $4,500 of the $6,000 she owed her.Sarah then told Anna that she had no more money and was not paying her the remaining $1,500.00.Anna had Sarah properly served with a summons and complaint.Sarah's attorney filed an answer.Which of the following statements is the most accurate?

Group of answer choices

Anna's attorney will need to take the case to trial and ask the jury to award Sarah the $1,500.00.

Anna's attorney could bring a motion for a summary judgment against Sarah since there are no real issues of fact.

Anna's attorney could bring a motion for a default judgment against Sarah.

None of the answers are correct.

Flag this Question

Question 13

1pts

_____ is the process where Sarah's attorney asks questions of a witness called by the opposing side.

Group of answer choices

None of the answers are correct.

Opening statement

Direct examination

Cross examination

Flag this Question

Question 14

1pts

How's It Done, Inc., files a law suit against Oh My Gosh,Inc.. The document that informs Oh My Gosh,Inc.that it must file an answer within a specified time period is

Group of answer choices

the reply.

the complaint.

the summons.

the answer.

Flag this Question

Question 15

1pts

Phoebe brings a lawsuit against Blankets R Us,Inc. over an allegedly defective shipment of baby blankets.During the trial, Phoebe's attorney asks questions of Phoebe's witness Samantha questions. This is known as:

Group of answer choices

a direct examination.

voir dire.

a cross-examination.

hearsay.

Flag this Question

Question 16

1pts

Stacey files a civil suit against Yvonne. To succeed, Stacey must prove her case

Group of answer choices

by a preponderance of the evidence.

to the extent promised in her attorney's opening statement.

through a scintilla of evidence.

beyond a reasonable doubt.

Flag this Question

Question 17

1pts

To prepare for a trial between Pen's Pharmacy and Drug Makers, Inc., the attorneyfor Drug Makers, Inc. questions the CEO ofPen's Pharmacy under oath.A stenographer takes down all of the questions and answers.This is _______.

Group of answer choices

a deposition.

a cross-examination.

voir dire.

An interrogatory

hearsay.

Flag this Question

Question 18

1pts

Kara brings a lawsuit against Fred over a sale of 1,500 table saws. During the trial, Kara's attorney calls Audrey as a witness.Fred's attorney asks questions of the Kara's witness Audrey. This is known as:

Group of answer choices

voir dire.

a direct examination.

hearsay.

a cross-examination.

Flag this Question

Question 19

1pts

If a defendant does not respond to the summons and complaint within a specified period of time, the plaintiff can seek a _______

Group of answer choices

a law suit against the defendant.

default judgment against the defendant.

none of the answers are correct

summary judgment against the defendant.