.TRUE/FALSE (10 points each)

_____1. If a court does not have "subject matter jurisdiction" in a particular case, then it can only hear the case if all parties agree.

_____2. In order to assert negligence you must establish 4 elements.

_____3. A General Demurrer can be filed any time

_____4. A valid method for serving a summons and complaint when the defendant cannot be found, is sending a copy to the defendant by certified mail.

_____5. Failure to state a cause of action is a valid basis for filing a General Demurrer.

II.MULTIPLE CHOICE (10 points each)

______ 6. If there is clearly a "triable issue of material fact" (an ongoing factual dispute) between the parties, then:

1. Plaintiff should file a motion for summary judgment
2. Defendant should ask for a "directed verdict"
3. It is improper for either party to move for summary judgment
4. It is improper for either party to engage in settlement discussions

______7. Which of the following statements is true?

1. Both hearsay and privileged information are normally discoverable
2. Neither hearsay nor privileged information are normally discoverable
3. Hearsay is normally discoverable, but privileged information is not
4. Privileged information is discoverable and is also admissible in trial

_____8. When, if ever, can a judge exclude evidence at trial which is otherwise admissible.

1. Under any and all circumstances
2. Never
3. When, under Evidence Code Section 352, the "probative value" of the evidence is outweighed by the danger of unfair prejudice to a party, confusing the jury, or taking too much time
4. Only when the evidence has no probative value

_____9. When, if ever, are "leading questions" allowed at trial?

1. Always
2. Never
3. Only on direct examination
4. Only on cross-examination

_____10. The first element in a negligence case which plaintiff must establish is that:

1. Defendant is guilty of a crime
2. Defendant intended to harm plaintiff
3. Defendant owed plaintiff a "duty of care"
4. Defendant made a material misrepresentation to plaintiff.

_____11. Which of the following most accurately describes what "breach of duty" means in a negligence case?

1. Defendant's behavior created some risk of injury to Plaintiff
2. Defendant failed to use all the care which defendant personally believed was necessary under the circumstances.
3. Defendant failed to use that level of care which a reasonable person would have used under the exact same circumstances
4. Defendant failed to use perfect care

_____12. Under "Res Ipsa Loquitur" ("the thing speaks for itself"), plaintiff is essentially doing what?

1. Using the injury as evidence of breach of duty by defendant
2. Using the breach itself as evidence of a "duty of care"
3. Trying to establish liability for negligence even while admitting that plaintiff himself is also at fault
4. Arguing that defendant is liable even though there was no "breach of duty" by defendant.

_____13. Ted crashes into Jim's parked car. Ted was driving 70 mph while talking on his cell phone in a 25 mph zone.

1. Ted committed ordinary negligence
2. Ted committed gross negligence
3. The crash was an unavoidable accident
4. Ted's liability to Jim is the equivalent of an insurer's liability for damage

_____14. Which of the following is not part of the trial stage of litigation?

A. direct-examination

B. charge to the jury

C. filing an appellate brief

D. cross-examination

____ 15. Which of the following is not a standard of proof?

A. preponderance of the evidence

B. weight of the evidence

C. beyond a reasonable doubt

D. clear and convincing

III. SHORT ANSWER ESSAY (20 points each)

1. What is the difference between a general demurrer and a motion to quash?

2. Explain the difference between mediation and arbitration.

3. What is the purpose of IRAC & what is a memorandum of law?

4. Explain in detail the "breach of duty" balancing test normally used in negligence cases, (Do not include a discussion of "Res Ipsa Loquitur").

5. Briefly describe the four major purposes of tort law.

6. How do the following three categories of torts differ: intentional torts, negligence and strict liability torts?

7. What is voir dire?

8. Define reasonable person

9. Distinguish between cross-examination and direct examination

10. What is a Motion In Limne and why is it important.