NALA Civil Litigation Procedures 3 — Questions and Answers
Question 1: What is the primary purpose of a 'deposition' in civil litigation?
- To file a formal complaint with the court
- To obtain sworn out-of-court testimony for discovery purposes (Correct answer)
- To submit written questions to the opposing party
- To present evidence to the jury
Correct answer: To obtain sworn out-of-court testimony for discovery purposes
A deposition is an oral examination of a witness under oath, taken outside of court, to preserve testimony and gather information during discovery.
Question 2: In a civil case, what does 'voir dire' refer to?
- Opening statements by counsel
- Jury selection process (Correct answer)
- Cross-examination of witnesses
- Reading of the verdict
Correct answer: Jury selection process
Voir dire is the process by which attorneys and/or the judge question prospective jurors to select an impartial jury.
Question 3: What is an 'interlocutory appeal'?
- An appeal filed after a final judgment
- An appeal of a non-final order during pending litigation (Correct answer)
- A cross-appeal by both parties
- An appeal to the U.S. Supreme Court
Correct answer: An appeal of a non-final order during pending litigation
An interlocutory appeal challenges a court's ruling made during the course of litigation before a final judgment has been entered.
Question 4: Which pleading doctrine requires that fraud claims be stated with particularity under the FRCP?
- Rule 8 notice pleading
- Rule 9(b) heightened pleading (Correct answer)
- Rule 12(b)(6) standard
- Rule 15 amendment standard
Correct answer: Rule 9(b) heightened pleading
FRCP Rule 9(b) requires that in alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.
Question 5: What is a 'default judgment' in civil litigation?
- A judgment entered when both parties agree
- A judgment entered against a party who fails to respond or appear (Correct answer)
- A judge's ruling without a jury
- A settlement approved by the court
Correct answer: A judgment entered against a party who fails to respond or appear
A default judgment is entered against a defendant who fails to respond to a complaint or otherwise participate in the litigation within the required time.
Question 6: Under the FRCP, what is the purpose of a 'third-party complaint'?
- To add a new plaintiff to the case
- To assert claims against a non-party who may be liable for the original claim (Correct answer)
- To challenge the court's jurisdiction
- To appeal a discovery ruling
Correct answer: To assert claims against a non-party who may be liable for the original claim
A third-party complaint (impleader) allows a defendant to bring in a new party who may be wholly or partially liable for the plaintiff's claim against the defendant.
Question 7: What is the significance of 'tolling' a statute of limitations?
- It permanently extinguishes the claim
- It extends or pauses the running of the limitations period (Correct answer)
- It accelerates the filing deadline
- It waives all affirmative defenses
Correct answer: It extends or pauses the running of the limitations period
Tolling suspends or pauses the statute of limitations period, effectively giving the plaintiff additional time to file a claim beyond the standard deadline.
NALA Civil Litigation Procedures 3
What is the primary purpose of a 'deposition' in civil litigation?