NALA Civil Litigation Procedures Questions and Answers 1

Question 1

In a civil lawsuit, which of the following is a discovery device that consists of written questions submitted to an opposing party that must be answered in writing under oath?

Accepted Answer

Interrogatories

Answer

Interrogatories are written questions sent from one party to another, which the receiving party must answer in writing under oath. A deposition involves oral testimony, a request for production asks for documents, and a request for admission asks the other party to admit or deny specific facts.

Question 2

A plaintiff files a lawsuit against a defendant. After discovery is complete, the defendant's attorney believes that there are no genuine disputes of material fact and that the defendant is entitled to a favorable ruling on all claims without proceeding to a full trial. Which motion should the attorney file?

Accepted Answer

A motion for summary judgment

Answer

A motion for summary judgment is the appropriate motion when a party argues that there are no genuine issues of material fact in dispute and that they are entitled to judgment as a matter of law. This motion is typically filed after discovery when evidence has been gathered to support the claim that a trial is unnecessary.

Question 3

What is the primary purpose of a pretrial conference in a civil case?

Accepted Answer

To narrow the issues for trial, facilitate settlement, and manage the course of the litigation.

Answer

The pretrial conference is held to simplify issues, discuss the possibility of settlement, rule on motions, identify witnesses and documents, and establish a trial schedule, all with the goal of making the trial more efficient and potentially avoiding it altogether.

Question 4

The process by which attorneys question prospective jurors to determine their suitability and potential biases before a trial is known as:

Accepted Answer

Voir dire

Answer

Voir dire, which means 'to speak the truth,' is the jury selection process where attorneys and/or the judge question potential jurors to uncover any biases or conflicts that would prevent them from being impartial.

Question 5

Which of the following are the initial documents filed with the court that set forth the parties' claims and defenses at the beginning of a civil lawsuit?

Accepted Answer

Pleadings

Answer

Pleadings are the formal documents filed with the court that state the parties' basic positions. The most common pleadings are the plaintiff's complaint (or petition) and the defendant's answer.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Civil Litigation Procedures Questions and Answers 1