Courts can initiate litigation when asked by the legislature.
False
The main purpose of procedural rules is to allow parties to fairly present their case to the tribunal
True
The state and the federal governments use different rules of civil procedure.
True
A counterclaim is a pleading filed by the defendant.
True
The summons in a civil case must be personally served on the defendant.
False
Plaintiffs must serve the summons on a corporation the same way as they would serve it on a non-corporation defendant.
False
The motion for summary judgment disposes of controversies prior to trial when the material facts cannot be proved.
True
Discovery in a civil case is based on the premise that each party is entitled to all unprivileged information in the possession of others.
True
The U.S Constitution requires states to provide jury trials in all civil cases.
False
A subpoena duces tecum commands a witness to produce documents that are in his or her possession.
True
Because of the importance of protecting the right to privacy, the law prohibits any waiver of the rule protecting privileged communication between a patient and their doctor
False
Federal civil procedures must follow U.S. Constitutional due process requirements closer than must state civil procedures
False
The answer is a responsive pleading in which the defendant makes admissions or denials, asserts legal defenses, and raises counterclaims.
True
A motion to dismiss is often used by a defendant to challenge perceived defects in the plaintiff's complaint.
True
An oral deposition must take place during a trial.
False
A leading question is allowed in cross-examination but not in direct examination.
True
he marital testimonial privilege is no longer recognized in many states.
True
Which of the following is the correct order in terms of pleadings?
Complaint - answer - reply
How is a contingent fee agreement with an attorney means the attorney paid?
With a specified percentage of the money collected by the client as compensation.
What is Quantum meruit best defined as?
A reasonable sum of money for legal services when the contract does not stipulate a specified sum
In Rubin v. Guettler, an attorney filed a complaint against a former client who discharged the attorney without cause in order to recover a one-third interest in any damages recovered in the personal injury action brought by the former client as provided for in their contingency fee contract. It is settled law that clients may discharge their attorneys with or without cause and that the contingency fee is not due unless the contingency has occurred, which it had not in this case. In this case, the attorney would only be entitled to the reasonable value of his services up to discharge. What should the client do?
Make a motion to dismiss for the failure to state a claim on which relief can be granted.
Scott entered into a contract with Nadine to landscape her yard. When Scott completed the job, Nadine refused to pay, claiming the work was not done properly because the wrong plants were used, and the job was not finished on time. Scott brought suit against Nadine to collect the amount due. If Nadine wished to raise the defense that the work was performed improperly, in what legal document will she state her defense?
Answer
What can the court do if a defendant defaults?
They can award a judgment to the plaintiff.
Which of the following is not a pleading?
deposition
Plaintiff sued a city college that terminated his employment without affording him a hearing on the grounds for his dismissal. The defendant college argued to the trial judge that as the plaintiff was an at-will employee without tenure, without a contract of employment, and without any promise of continued employment, he had no property interest in his continued employment and was not entitled to due process prior to dismissal. Before trial, the defendant college asked the judge to rule as a matter of law that it should prevail, as the fact of his at-will employment status was undisputed. If the trial judge believes that the plaintiff indeed had no reasonable expectation of continued employment, hence no property interest and no entitlement to constitutional due process, what should he do?
Grant the defendant's motion for summary judgment.
Yolanda is suing ABC Floral Company for damages related to her wedding floral order. The flowers arrived a day too late and Yolanda had to buy other flowers instead. Yolanda wants to present the original order form at trial, which ABC Floral has in its possession. What should Yolanda do to get access to the form?
Compel the production of documents
When does discovery usually take place?
After answer is filed
f a lawyer fails to follow the rules of discovery, what can the injured party do?
They can ask the court to impose sanctions.
How could A's attorney get the conversation between B and C, as well as the account books, into evidence?
They can call C as a witness and subpoena the books.
The following exchange occurs between a defense attorney and a doctor testifying as an expert witness for her client: "Q: In your opinion and on the basis of your experience, does the computer overread or underread EKGs? A: Overread. Q: And that's the way it should be, isn't that correct? A: Yes. Q: And that is because all doubt must be resolved in favor of the patient, isn't that right? A: Yes." What objection should opposing counsel raise?
Leading questions
Nancy, a nurse, is summoned for jury duty in a medical malpractice case. She asserts under oath that she will not substitute her own judgment for the facts presented at trial and that she can render a fair and impartial verdict. Counsel for the defendant doctor, however, feels that she probably dislikes doctors and will not be prodefense. Counsel for the plaintiff likes Nancy and the judge believes that she can render a fair and impartial verdict. What should defense counsel do?
Exercise a peremptory challenge
On the basis of the general rules of evidence and assuming that no exceptions to those rules apply, which of the following pieces of evidence will a judge not allow into court?
A witness's testimony about hearing defendant's brother says that two years ago defendant committed the offenses.
Which of the following would not be considered privileged and would be admissible under the rules of evidence?
Relevant information disclosed to a family member other than a spouse.
Cody brought suit for injuries sustained in an automobile collision between her car and the defendant Adkins pickup truck. The jury found that considering the hazardous weather conditions at the time of the accident, the defendant was not at fault or negligent in the operation of his vehicle and that the injuries that plaintiff sustained were the result of an unavoidable accident. The jury returned a verdict in favor of the defendant Adkins. The plaintiff moved for a judgment notwithstanding the verdict. Under what circumstances should the judge grant the motion?
There is an absence of any substantial evidence to support the verdict entered.