ACP Civil Litigation & Trial Preparation 2

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?

Accepted Answer

21 days

Answer

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:

Accepted Answer

Exclude certain evidence before it is presented to the jury

Answer

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?

Accepted Answer

Complaint

Answer

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:

Accepted Answer

Previously decided on the merits by a court of competent jurisdiction

Answer

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:

Accepted Answer

Challenge for cause requires court approval; peremptory does not

Answer

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.

(ACP) Advanced Certified Paralegal Practice Test

(ACP) Advanced Certified Paralegal Practice Test

ACP Civil Litigation & Trial Preparation 2