FREE MA Bar Civil Procedure Questions and Answers

Question 1

Which of the following courts has original jurisdiction over most civil cases in Massachusetts?

Accepted Answer

Massachusetts Superior Court

Answer

Massachusetts District Court

Answer

Massachusetts Appeals Court

Answer

Massachusetts Supreme Judicial Court

Question 2

In Massachusetts, which of the following is the correct standard for granting a motion to dismiss for failure to state a claim?

Accepted Answer

The facts alleged must fail to state a claim upon which relief can be granted.

Answer

The complaint must present an "obvious" claim.

Answer

The facts must be determined by a jury

Answer

The complaint must be proven beyond a reasonable doubt.

Question 3

Which of the following discovery methods allows a party to obtain documents from a non-party in Massachusetts civil litigation?

Accepted Answer

Subpoena duces tecum

Answer

Interrogatories

Answer

Deposition

Answer

Request for Production of Documents

Question 4

In Massachusetts, what is the purpose of a pretrial conference?

Accepted Answer

To set a trial date and discuss settlement possibilities

Answer

To determine the guilt or innocence of the defendant

Answer

To dismiss the case if the plaintiff fails to appear

Answer

To allow the jury to hear preliminary evidence

Question 5

Under Massachusetts law, when may a party file a motion for summary judgment?

Accepted Answer

When there is no genuine issue of material fact

Answer

Only after the trial begins

Answer

Only if the opposing party consents

Answer

When discovery is incomplete