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Interactive Quiz for ALT-12e, Chapter 3
Chapter 3 — Court Procedures
1. American and English courts follow:
a. the socially maladjusted system of justice.
b. the exchange system of justice.
c. the adversarial system of justice.
d. the conciliatory system of justice.
Answers:
a. Incorrect. This is not the kind of justice system that American and English courts follow.
b. Incorrect. The justice system followed by American and English courts is not referred to as the exchange system.
c. Correct. American and English courts follow the adversarial justice system.
d. Incorrect. his is not the kind of justice system that American and English courts follow.
2. The first step that most people take when they are contemplating a lawsuit against someone is:
a. to file an appeal with the United States Supreme Court.
b. to hire a private investigator.
c. to consult with an attorney.
d. to take out a loan.
Answers:
a. Incorrect. This would never be a first step.
b. Incorrect. This might or might not be a good idea—but you would want to consult with an attorney first.
c. Correct. This is the first step that most people take.
d. Incorrect. Although you might end up needing a loan to pay your legal bills, this is not the first step that most people take.
3. Which of the following would NOT be a part of the complaint?
a. Any affirmative defenses that can be raised.
b. A statement of the facts necessary to show that the plaintiff is entitled to a remedy.
c. A statement of the remedy or remedies that the plaintiff is seeking.
d. A statement of facts explaining why the court can take jurisdiction.
Answers:
a. Correct. Affirmative defenses would not be a part of a complaint.
b. Incorrect. A complaint should contain such a statement.
c. Incorrect. A complaint must state which remedies are being sought.
d. Incorrect. A complaint must explain why a court can take jurisdiction over the case.
4. The defendant’s response to the complaint may NOT include which of the following?
a. A counterclaim.
b. An answer.
c. A motion to dismiss.
d. A default judgment.
Answers:
a. Incorrect. A defendant may file a counterclaim. This is a type of response.
b. Incorrect. A defendant may file an answer.
c. Incorrect. A defendant may choose to file a motion to dismiss the case—this is a valid response.
d. Correct. A default judgment is rendered by a court, not by a defendant.
5. If, in response to a complaint, Lin denies that she is responsible for Martino’s harms, and further, that Martino actually caused harm to her, what is this called?
a. A counterproduction.
b. A counterclaim.
c. A summary judgment.
d. An interrogatory.
Answers:
a. Incorrect. This is not called a counterproduction.
b. Correct. This is called a counterclaim.
c. Incorrect. This is a counterclaim because it denies the original claim and states a new claim against the plaintiff.
d. Incorrect. This is not an interrogatory.
6. Suppose that in question #5, Lin files a document that includes a statement similar to the following: “Even if all of the facts presented in Martino’s complaint are accepted as true, Martino suffered no legally recognized harm and so he cannot state a claim for which relief can be granted.” What kind of document has Lin filed?
a. A motion for summary judgment.
b. A motion for a new trial.
c. A motion to dismiss.
d. A motion for rehearing.
Answers:
a. Incorrect. This is not a motion for summary judgment.
b. Incorrect. This is not a motion for a new trial (there hasn’t been a trial yet).
c. Correct. This is a demurrer, or a motion to dismiss.
d. Incorrect. This is not a motion for rehearing.
7. An affidavit is:
a. a set of written questions answered under oath.
b. an interrogation by an attorney.
c. a sworn statement issued by a party or a witness.
d. a kind of pretrial conference.
Answers:
a. Incorrect. This describes written interrogatories.
b. Incorrect. This is not an affidavit.
c. Correct. This describes an affidavit.
d. Incorrect. This is not an affidavit.
8. The process of obtaining information from an opposing party prior to going to trial is known as:
a. excavation.
b. discovery.
c. internment.
d. service of process.
Answers:
a. Incorrect. This is not what the process is called, although attorneys typically unearth some interesting material.
b. Correct. This process is called discovery.
c. Incorrect. This process is called discovery, not internment.
d. Incorrect. This process is known as discovery.
9. Assume that Jill and Felix are unable to settle their case before it goes to trial. At trial, Jill would like to introduce the following evidence: Jill heard Felix’s brother Murray say that Felix wanted to “get back at” Jill and so he was going to deliver the supplies she ordered late, causing her to lose customers. Can Jill introduce this evidence during the trial?
a. Yes, there is a legitimate reason to introduce this evidence.
b. Yes, this evidence meets appropriate rules.
c. No, this is hearsay evidence and normally will not be admitted at trial.
d. No, this evidence may only be introduced in the pleadings prior to trial.
Answers:
a. Incorrect. Normally, this evidence may not be introduced.
b. Incorrect. Normally, this would violate the rules of evidence.
c. Correct. This evidence would consist of Jill’s testimony that she heard someone else (Murray) say something to someone else. Such hearsay evidence would normally be inadmissible.
d. Incorrect. This evidence normally may not be introduced at any time.
10. In which of the following cases will a motion for new trial be granted?
a. If the judge is convinced that the jury was in error but does not believe that it is appropriate to grant judgment for the other side.
b. If the plaintiff’s lawyer did a poor job.
c. If the rebuttal was inconsistent with a witness’s testimony.
d. If the judge is convinced that the jury was correct, but for reasons that differ from those given by the jury.
Answers:
a. Correct. If this is what the judge believes, he or she may grant a motion for new trial.
b. Incorrect. The judge cannot grant the motion for a new trial on this basis alone.
c. Incorrect. This is not the proper basis for a motion for a new trial.
d. Incorrect. A motion for a new trial will not be granted on this basis.