FREE CLA/CP Civil Litigation Procedures Questions and Answers

Question 1

Which of the following describes the primary purpose of 'discovery' in civil litigation?

Accepted Answer

To allow parties to obtain evidence and information from each other before trial.

Answer

To formally present arguments and evidence to the judge during a hearing.

Answer

To determine the appropriate venue for the lawsuit.

Answer

To encourage settlement discussions through alternative dispute resolution.

Question 2

A plaintiff has filed a complaint, and the defendant wishes to assert that the court lacks personal jurisdiction over them. What type of pre-answer motion would the defendant MOST likely file?

Accepted Answer

Motion to dismiss.

Answer

Motion for summary judgment.

Answer

Motion for judgment on the pleadings.

Answer

Motion to compel discovery.

Question 3

During a deposition, what is the primary role of the deponent's attorney?

Accepted Answer

To object to improper questions and advise the deponent regarding privilege.

Answer

To cross-examine the deponent after direct questioning.

Answer

To present opening and closing statements to the court reporter.

Answer

To negotiate a settlement agreement with the examining attorney.

Question 4

After a jury trial concludes and a verdict is rendered, a party believes there were significant errors of law made by the judge during the trial. What is the MOST appropriate next step for that party?

Accepted Answer

File a motion for a new trial or a motion for judgment notwithstanding the verdict (JNOV).

Answer

Immediately appeal the verdict to a higher court.

Answer

Request a conference with the opposing counsel to renegotiate settlement terms.

Answer

File a motion to compel further discovery.

Question 5

What is the primary purpose of a 'request for admissions' in civil litigation?

Accepted Answer

To narrow the issues for trial by obtaining admissions of fact or the genuineness of documents.

Answer

To obtain sworn oral testimony from a party or witness under oath.

Answer

To request the production of tangible items and documents for inspection.

Answer

To submit written questions to a party that must be answered under oath.

Question 6

In a civil case, what is the standard of proof that the plaintiff typically must meet to prevail?

Accepted Answer

Preponderance of the evidence.

Answer

Beyond a reasonable doubt.

Answer

Clear and convincing evidence.

Answer

Probable cause.