QUESTION 1

John was diving drunk, ran a red light, and hit Jane as she was driving through the light.Jane's car was totaled and she had to be hospitalized for injuries, including a broken leg, dislocated shoulder, and concussion.What type of litigation can be brought against John?

A.Civil Litigation

B.Criminal Litigation

C.Both civil and criminal litigation

D.None of the above

QUESTION 2

What are laws enacted by state or federal legislatures that govern substantive and legal rights and principles, and procedural rules?

A.Constitutions

B.Statutes

C.Case law

D.Ordinances

QUESTION 3

The party who initiates the filing of a complaint or petition is called the

A.Defendant

B.Plaintiff

C.Co-party

D.Intervenor

QUESTION 4

The party against whom a complaint or petition is filed is called the

A.Defendant

B.Plaintiff

C.Co-party

D.Intervenor

QUESTION 5

A Latin word that means "to stand by things decided" and used by courts to rule the same way a prior court ruled on the same issue is:

A.Res judicata

B.Stare decisis

C.In rem

D.Duces tecum

QUESTION 6

"What day did the accident happen?" is an example of what type of question?

A.Open-ended

B.Collaborative

C.Closed-ended

D.Leading

QUESTION 7

"You ran the red-light, didn't you?" is an example of what type of question?

A.Open-ended

B.Collaborative

C.Closed-ended

D.Leading

QUESTION 8

A court order compelling a nonparty to appear or produce documents or other items is called a

A.Summons

B.Subpoena

C.Order

D.Citation

QUESTION 9

An agreement between a lawyer and client where the lawyer will receive as compensation for the lawyer's fee a certain percentage in the recovery ultimately obtained by the client is called:

A.Flat rate agreement

B.Hourly rate agreement

C.Contingency agreement

D.None of the above

QUESTION 10

What is the citizenship of a corporation for jurisdictional purposes?

A.The state where the corporation is incorporated

B.The state where the corporation has its principal place of business

C.The state where the accident occurred

D.Both A and B

QUESTION 11

Identify the type of jurisdiction the court may have if the action is one that involves property located within the state in which the court sits and in which the parties have their dispute.

A.In rem jurisdiction

B.Diversity jurisdiction

C.Federal question jurisdiction

D.None of the above

QUESTION 12

Diversity jurisdiction is established when the parties are citizens of different states and amount in controversy exceeds

A.$50,000

B.$75,000

C.$100,000

D.$200,000

QUESTION 13

The official power to make legal decisions and judgments is:

A.Venue

B.Jurisdiction

C.Stare decisis

D.Arbitration

QUESTION 14

The geographic district where a lawsuit may properly be heard is:

A.Venue

B.Jurisdiction

C.Stare decisis

D.Arbitration

QUESTION 15

A court's power to resolve a particular kind or category of dispute is:

A.Personal jurisdiction

B.Subject matter jurisdiction

C.In rem jurisdiction

D.Quasi in rem jurisdiction

QUESTION 16

A court's power to bring a party before it and to make a decision binding on such a person is called:

A.Personal jurisdiction

B.Subject matter jurisdiction

C.In rem jurisdiction

D.Quasi in rem jurisdiction

QUESTION 17

The Texas Rules of Evidence apply to both civil and criminal litigation.

True

False

QUESTION 18

The only type of legal damages in civil litigation is money damages.

True

False

QUESTION 19

It is not important to conduct fact investigations before suit is filed because all of this can be done through formal discovery.

True

False

QUESTION 20

A bias is an inclination or tendency to think and act in a certain way or a danger of prejudgment.

True

False

QUESTION 21

Standing involves the right of a person to challenge in court the conduct of another.

True

False

QUESTION 22

The district courts are the primary trial courts in Texas.

True

False

QUESTION 23

There is an initial presumption that a federal court has subject-matter jurisdiction.

True

False

QUESTION 24

The Long Arm Statute permits a state to obtain jurisdiction over nonresidents as long as they have "minimum contacts" with that state.

True

False

QUESTION 25

A Texas resident was on vacation in Colorado & skied into another person, a Colorado resident, causing that person extensive personal injuries.The Colorado resident may bring suit in Colorado federal court.

True

False

QUESTION 26

Venue in a Texas state court is determined as of the time the facts accrued.

True

False

QUESTION 27

A claim that is dismissed "with prejudice" may be filed again at a later date.

True

False

QUESTION 28

A complaint brought by one co-defendant against another co-defendant is a:

A.third party complaint

B.cross-claim

C.counter-claim

D.petition

QUESTION 29

A complaint that brings into the action new parties who may be liable to a defendant for some or all of the judgment that the plaintiff may obtain against the defendant is called a/an:

A.Third party complaint

B.Impleader

C.Cross-claim

D.Both A & B

QUESTION 30

A judgment entered against a defendant who fails to appear and defend itself against the lawsuit after having been given proper notice of the lawsuit is a/an:

A.Interlocutory appeal

B.Third party complaint

C.Impleader

D.Default judgment

QUESTION 31

A legal doctrine that provides that a judgment, once final, is binding on the parties is:

A.Stare decisis

B.In rem

C.Res judicata

D.None of the above

QUESTION 32

A motion for continuance can be used to request a postponement or a delay in a case that has been set for a hearing or trial.

True

False

QUESTION 33

A legal holiday for purposes of calculating time in Texas state courts is a day ....

A.That is considered a federal holiday

B.That the post office is closed.

C.That is a Saturday or Sunday.

D.When the courthouse is officially closed.

QUESTION 34

A motion for new trial gives the trial court one last chance to correct what may be claimed as reversible error on appeal.

True

False

QUESTION 35

A motion for new trial must be filed within _____ days after the judgment is signed.

A.10

B.20

C.30

D.60

QUESTION 36

A no-evidence motion for summary judgment in Texas may not be filed until:

A.30 days after the case has been on file

B.the nonmovant has had an adequate time for discovery

C.all discovery has been completed

D.30 days before trial

QUESTION 37

A notice at the end of a pleading indicating that service of the pleading has been made upon a particular party is the:

A.Certificate of conference

B.Certificate of service

C.Prayer

D.Signature block

QUESTION 38

A party may file which type of motion if it complains that the other side has improperly destroyed evidence?

A.Motion for Spoliation

B.Motion for Protective Order

C.Motion to Compel

D.Motion for Summary Judgment

QUESTION 39

A party may request a separate trial for which of the following reasons:

A.Convenience

B.To avoid prejudice

C.To permit a case to be tried more efficiently and economically

D.All of the above.

QUESTION 40

A traditional motion for summary judgment argues that there is no genuine issue of material fact and the party is entitled to judgment as a matter of law.

True

False

QUESTION 41

A/an _______________________is a defense pled by the defendant in the answer that, if proven, denies recovery to the plaintiff.

A.Affirmative defense

B.Complaint

C.Impleader

D.Petition

QUESTION 42

An action that allows a stakeholder, who is or may be subjected to double liability because two or more claimants are making competing claims on a fund or property, to bring before the court the competing claimants and make a determination as to whom the stakeholder should give relief is called:

A.Third party petition

B.Intervention

C.Impleader

D.Interpleader

QUESTION 43

An aggrieved party in a Texas state court initiates litigation by filing what type of document?

A.Complaint

B.Answer

C.Motion

D.Petition

QUESTION 44

An aggrieved party in federal court initiates litigation by filing what type of document?

A.Complaint

B.Answer

C.Motion

D.Petition

QUESTION 45

An amended pleading is a pleading that adds to but does not supersede or replace the previous pleading.

True

False

QUESTION 46

An answer in federal court is generally less detailed than an answer in Texas state court.

True

False

QUESTION 47

Dallas local rules of court require a certificate of conference at the end of a motion.

True

False

QUESTION 48

Evidence may be attached to a motion for summary judgment as long as it is admissible.

True

False

QUESTION 49

In Texas state court, a Defendant may file a "general denial" which is a statement that the Defendant generally denies all allegations.

True

False

QUESTION 50

What type of motion seeks to prevent a judge from hearing a case for a non-constitutional reason?

A.Motion to Abate

B.Motion for Recusal

C.Motion to Dismiss

D.Motion to Transfer Venue

QUESTION 51

What type of motion asks the court to render judgment without submitting the charge to the jury because there is nothing for the jury to decide?

A.Motion to Compel

B.Motion for Protective Order

C.Motion for Judgment Notwithstanding the Verdict

D.Motion for Directed Verdict

QUESTION 52

Under the federal rules, how many days after the complaint is filed does the plaintiff have to serve the summons and complaint on the defendant?

A.30 days

B.60 days

C.120 days

D.Any time before the statute of limitations has run

QUESTION 53

Under the federal rules, a motion must be served on every party at least _____ days before the hearing.

A.2

B.5

C.10

D.14

QUESTION 54

The person making a motion is referred to as the ....

A.Movant

B.Respondent

C.Appellant

D.Petitioner

QUESTION 55

The motion that a party would file to secure discovery from another party is:

A.Motion for protective order

B.Motion to dismiss

C.Motion to compel

D.Motion for summary judgment

QUESTION 56

Service of process is accomplished in a Texas state court by serving the Defendant with:

A.The complaint

B.The petition

C.The summons

D.The citation

E.Both B & D

F.Both A & C

QUESTION 57

In federal court, if the Defendant does not deny the allegations in the complaint, they are treated as if the Defendant has admitted them.

True

False

QUESTION 58

In federal court, if a complaint is so vague and ambiguous that the defendant cannot respond to it, the defendant may want to file a:

A.Motion for a more definite statement

B.Motion to strike

C.Answer

D.Motion for summary judgment

QUESTION 59

In calculating due dates for most documents in a Texas state court, if the last day falls on a weekend or legal holiday, the deadline is the next business day.

True

False

QUESTION 60

In a Texas state court, a Defendant must file its Answer:

A.Within 20 days from the date of service

B.By 10:00 a.m. on the first Monday after the expiration of 20 days from the date the Defendant was served

C.Within 30 days from the date of service

D.By 10:00 a.m. on the first Monday after the expiration of 30 days from the date the Defendant was served

QUESTION 61

Two Plaintiffs, one a Texas resident and one a Louisiana resident, want to sue a company based in Louisiana.Does diversity jurisdiction apply to allow the suit to be filed in federal court?Explain why or why not.