CP Civil Litigation Procedures 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:

Accepted Answer

Interrogatories

Answer

A deposition

Answer

A request for admission

Answer

A request for production of 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?

Accepted Answer

To ask the court to decide the case without a full trial because there are no genuine disputes of material fact.

Answer

To dismiss the case because the court lacks jurisdiction.

Answer

To compel the plaintiff to provide more specific information about their claims.

Answer

To request a new trial after a verdict has been rendered.

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?

Accepted Answer

Collateral estoppel

Answer

Laches

Answer

Statute of Frauds

Answer

Res judicata

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?

Accepted Answer

Motion in limine

Answer

Motion for a directed verdict

Answer

Motion to compel

Answer

Motion for judgment notwithstanding the verdict (JNOV)

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?

Accepted Answer

Hearsay

Answer

Relevance

Answer

Privilege

Answer

Speculation

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:

Accepted Answer

Motion for remittitur

Answer

Motion for a new trial

Answer

Motion to set aside judgment

Answer

Motion for additur