CP Civil Litigation Procedures Questions and Answers 1 — Questions and Answers
Question 1: In a civil lawsuit, the plaintiff's attorney sends the defendant a written list of questions that must be answered in writing under oath. This discovery tool is known as:
- A deposition
- A request for admission
- Interrogatories (Correct answer)
- A request for production of documents
Correct answer: Interrogatories
Interrogatories are written questions sent by one party to another as part of the discovery process to be answered in writing under oath. A deposition involves oral testimony, a request for admission asks the other party to admit or deny specific facts, and a request for production asks for documents.
Question 2: A defendant in a breach of contract case files a motion for summary judgment. What is the primary purpose of this motion?
- To dismiss the case because the court lacks jurisdiction.
- To ask the court to decide the case without a full trial because there are no genuine disputes of material fact. (Correct answer)
- To compel the plaintiff to provide more specific information about their claims.
- To request a new trial after a verdict has been rendered.
Correct answer: To ask the court to decide the case without a full trial because there are no genuine disputes of material fact.
A motion for summary judgment argues that the undisputed facts, when viewed in the light most favorable to the non-moving party, show that the moving party is entitled to judgment as a matter of law. It's a pre-trial motion to resolve the case without a full trial. Motions to dismiss often address jurisdictional issues, motions to compel deal with discovery disputes, and motions for a new trial are post-trial motions.
Question 3: Which of the following affirmative defenses prevents a party from re-litigating a specific issue that has already been determined in a prior, separate lawsuit?
- Laches
- Statute of Frauds
- Res judicata
- Collateral estoppel (Correct answer)
Correct answer: Collateral estoppel
Collateral estoppel, also known as issue preclusion, prevents the re-litigation of a specific issue of fact or law that has already been necessarily decided in a prior case. Res judicata, or claim preclusion, prevents an entire claim from being re-litigated. Laches is an equitable defense based on unreasonable delay, and the Statute of Frauds requires certain contracts to be in writing.
Question 4: A paralegal is assisting an attorney in preparing for trial. The attorney wants to prevent the opposing counsel from mentioning the defendant's prior, unrelated criminal conviction in front of the jury. Which pre-trial motion would be the most appropriate to file?
- Motion for a directed verdict
- Motion to compel
- Motion in limine (Correct answer)
- Motion for judgment notwithstanding the verdict (JNOV)
Correct answer: Motion in limine
A motion in limine is a pre-trial motion asking the court to rule that certain evidence should be excluded from trial. This is used to prevent the jury from hearing prejudicial information that may not be relevant to the case. A motion for a directed verdict is made during trial, a motion to compel relates to discovery, and a JNOV is a post-trial motion.
Question 5: During a personal injury trial, a witness testifies, "My neighbor told me that the red car ran the stop sign." The opposing attorney objects. What is the most likely basis for the objection?
- Relevance
- Hearsay (Correct answer)
- Privilege
- Speculation
Correct answer: Hearsay
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. The witness is repeating what someone else said (an out-of-court statement) to prove that the red car did, in fact, run the stop sign. Unless an exception applies, this type of testimony is generally inadmissible.
Question 6: After a jury returns a verdict in favor of the plaintiff for an amount the defendant believes is excessively high and not supported by the evidence, the defendant's attorney files a motion asking the judge to reduce the damages awarded. This post-trial motion is known as a:
- Motion for a new trial
- Motion to set aside judgment
- Motion for remittitur (Correct answer)
- Motion for additur
Correct answer: Motion for remittitur
A motion for remittitur is a post-trial motion filed by a defendant arguing that the damages awarded by the jury were excessive and not supported by the evidence, asking the judge to reduce the award. A motion for additur, which is less common, asks the court to increase the damages. A motion for a new trial asks for a complete retrial, and a motion to set aside judgment seeks to nullify the court's final decision.
CP Civil Litigation Procedures Questions and Answers 1
In a civil lawsuit, the plaintiff's attorney sends the defendant a written list of questions that must be answered in writing under oath.
This discovery tool is known as: