ACP Civil Litigation & Trial Preparation 2 — Questions and Answers
Question 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?
- 14 days
- 21 days (Correct answer)
- 30 days
- 60 days
Correct 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.
Question 2: A motion in limine is typically filed to:
- Request a continuance of trial
- Exclude certain evidence before it is presented to the jury (Correct answer)
- Add a new party to the litigation
- Challenge the court's subject matter jurisdiction
Correct 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.
Question 3: Which document formally notifies an opposing party of the claims asserted against them and the relief sought?
- Subpoena duces tecum
- Complaint (Correct answer)
- Interrogatories
- Bill of particulars
Correct answer: Complaint
The complaint is the initial pleading that sets forth the plaintiff's claims, the factual basis, and the relief requested.
Question 4: The doctrine of res judicata bars relitigation of a claim that has been:
- Filed in a different jurisdiction
- Previously decided on the merits by a court of competent jurisdiction (Correct answer)
- Dismissed without prejudice
- Transferred to another court
Correct 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.
Question 5: During voir dire, a challenge for cause differs from a peremptory challenge in that:
- Challenge for cause requires court approval; peremptory does not (Correct answer)
- Peremptory challenges are unlimited; challenges for cause are limited to three
- Challenge for cause is only available to the defense
- Peremptory challenges require a stated legal reason
Correct 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.
Question 6: A deposition taken to preserve testimony for trial from a witness who may be unavailable is called a:
- Discovery deposition
- De bene esse deposition (Correct answer)
- Perpetuation deposition
- Expert witness deposition
Correct 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.
Question 7: Under FRCP Rule 26(a)(1), initial disclosures must generally be made within how many days after the parties' Rule 26(f) conference?
- 7 days
- 14 days
- 21 days (Correct answer)
- 30 days
Correct 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.
ACP Civil Litigation & Trial Preparation 2
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?