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Civil Litigation & Trial Preparation Flashcards

7 cards from real ACP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Civil Litigation & Trial Preparation flashcards as text

  1. Under the Federal Rules of Civil Procedure, a defendant must file an answer within how many days after being served with a summons and complaint?

    Answer: 21 days

    FRCP Rule 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.

  2. A motion in limine is typically filed to:

    Answer: Exclude certain evidence before it is presented to the jury

    A motion in limine asks the court to rule on the admissibility of evidence before trial to prevent the jury from hearing potentially prejudicial material.

  3. Which document formally notifies an opposing party of the claims asserted against them and the relief sought?

    Answer: Complaint

    The complaint is the initial pleading that sets forth the plaintiff's claims, the factual basis, and the relief requested.

  4. The doctrine of res judicata bars relitigation of a claim that has been:

    Answer: Previously decided on the merits by a court of competent jurisdiction

    Res judicata (claim preclusion) prevents parties from relitigating claims that were or could have been raised in a prior action that was decided on the merits.

  5. During voir dire, a challenge for cause differs from a peremptory challenge in that:

    Answer: Challenge for cause requires court approval; peremptory does not

    A challenge for cause requires the attorney to state a specific legal reason why a juror should be dismissed, subject to the judge's approval, whereas peremptory challenges require no reason but are limited in number.

  6. A deposition taken to preserve testimony for trial from a witness who may be unavailable is called a:

    Answer: De bene esse deposition

    A de bene esse deposition is taken specifically to preserve testimony for use at trial when the witness may be unable to attend, such as due to illness or distance.

  7. Under FRCP Rule 26(a)(1), initial disclosures must generally be made within how many days after the parties' Rule 26(f) conference?

    Answer: 21 days

    FRCP Rule 26(a)(1)(C) requires initial disclosures to be made within 21 days after the Rule 26(f) discovery planning conference, unless otherwise ordered.