MULTIPLE CHOICE QUESTIONS
1. Glen retains Holly, an attorney, on a contingent-fee basis to seek $100,000 in damages in a personal-injury suit against Interstate Shipping Corporation. Glen wins. He must pay
a. court fees and other expenses, but not Holly’s fee.
b. Holly’s fee, court fees, and other expenses.
c. Holly’s fee only.
d. neither Holly’s fee nor court fees and other expenses.
2. Ula wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include
a. an explanation to refute any defense the defendant might assert.
b. a motion for summary judgment.
c. a motion to dismiss.
d. a statement of the facts necessary to show Ula is entitled to relief.
Fact Pattern 3-A1 (Questions 3–4 apply)
Mac and Nan engage in a business transaction from which a dispute arises. Mac initiates a lawsuit against Nan by filing a complaint.
3. Refer to Fact Pattern 3-A1. The sheriff serves Nan with a summons. If Nan chooses to ignore it
a. Mac must file an amended complaint.
b. Mac will have a judgment entered in his favor.
c. Nan must be served with a second summons.
d. Nan will have a judgment entered in her favor.
4. Refer to Fact Pattern 3-A1. If Nan responds to Mac’s complaint by filing a counterclaim, then
a. Mac will also have to file a response.
b. Mac will have a judgment entered in his favor.
c. Nan will also have to file an amended answer.
d. Nan will have a judgment entered in her favor.
5. All-USA Imports, Inc., disputes the use of “all-usa.com” as a domain name by All-USA Overseas Exports, Ltd., and files a suit to resolve the dispute. Service of process must be by
a. e-mail.
b. personal delivery.
c. regular mail.
d. whatever means is reasonably calculated to do the job.
6. Indelible Fabrics, Inc. (IFI), makes “Jean’s Denim,” a famous brand of clothing. Without IFI’s consent, Kopy Company (KC) begins to use “jeansdenim” as part of a domain name. IFI files a suit against KC and engages in service of process. Service of process must provide
a. equality and fairness in adjudication.
b. notice and an opportunity to respond.
c. space to fill in important information and time in which to do it.
d. privacy between the litigants and publicity in the judgment.
7. Linda files a suit against Kate. Kate denies Linda’s charges and sets forth her own claim that Linda breached their contract and owes Kate money for the breach. This is
a. an affirmative defense.
b. a counterclaim.
c. a crossclaim.
d. an irrelevant response.
8. Opal files a complaint in a suit against Phil, and he files an answer. The case may now be
a. dismissed only after a trial begins.
b. dismissed or settled at this point.
c. resolved only after a trial ends.
d. settled only during a trial.
9. Quin files a suit against Regal Products, Inc. Regal responds that even if Quin’s statement of the facts is true, according to the law Regal is not liable. This is
a. a counterclaim.
b. a motion for judgment on the pleadings.
c. a motion for summary judgment.
d. a motion to dismiss.
10. Cody files a suit against Delta Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this
response with witnesses’ sworn statements. This is
a. a counterclaim.
b. a motion for judgment on the pleadings.
c. a motion for summary judgment.
d. a motion to dismiss.
11. In Ed’s suit against First National Bank, the discovery phase would include all of the following EXCEPT
a. Ed’s complaint.
b. Ed’s deposition.
c. Ed’s requests for First National’s admissions.
d. First National’s replies to Ed’s interrogatories.
12. Excel Products Company files a suit against Flying Distribution, Inc., over a contract. Before the trial, Excel can obtain from Flying
a. all documents in Flying’s possession relating to the contract.
b. any documents in Flying’s possession.
c. no documents in Flying’s possession.
d. only those documents that Flying agrees to release.
Fact Pattern 3-A2 (Questions A13–A15 apply)
Diners Corporation files a suit against Eateries, Inc.
13. Refer to Fact Pattern 3-A2. During the trial, Diners’ attorney questions the plaintiff’s witness Floyd. This is
a. a cross-examination.
b. a direct examination.
c. an interrogatory.
d. a request for admissions.
14. Refer to Fact Pattern 3-A2. The attorney for Eateries also questions Floyd. This is
a. a cross-examination.
b. a direct examination.
c. an interrogatory.
d. a request for admissions.
15. Refer to Fact Pattern 3-A2. After Diners’ attorney’s presents the plaintiff’s case, the attorney for Eateries can
a. file a motion for a directed verdict only.
b. file a motion for a directed verdict or present the defendant’s case.
c. neither file a motion for a verdict nor present the defendant’s case.
d. present the defendant’s case only.
16. After a trial between Unreal Games, Inc., and Virile Video Corporation, the jury renders a verdict in Unreal’s favor. Virile’s attorney can file a motion
a. for a new trial.
b. for judgment on the pleadings.
c. for summary judgment.
d. to dismiss the case.
Fact Pattern 3-A3 (Questions 17–20 apply)
Liz files a suit against Moe in a state court. The case proceeds to trial, after which the court renders a verdict.
17. Refer to Fact Pattern 3-A3. If Moe decides to appeal to a state appellate court, Moe’s attorney must file, with the clerk of the trial court within a prescribed period of time
a. a formal refusal to abide by the verdict.
b. a notice of appeal.
c. a transcript of the trial and copies of the exhibits.
d. the judgment order from which the appeal is taken.
18. Refer to Fact Pattern 3-A3. If either party appeals, the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time
a. a brief including the arguments of both parties.
b. a copy of the record on appeal.
c. an explanation for the verdict.
d. a statement of the grounds for reversal.
19. Refer to Fact Pattern 3-A3. If Liz decides to appeal to a state appellate court, Liz’s attorney must file, with the clerk of the appellate court within a prescribed period of time
a. a demand to be heard.
b. a motion for a judgment n.o.v.
c. a notice of appeal.
d. a request for affirmance, remand, or reversal.
20. Refer to Fact Pattern 3-A3. If Moe appeals to, and files a brief with, a state appellate court, Liz’s attorney may file within a prescribed period of time
a. an advisory interrogatory.
b. an answering brief.
c. a request for a deposition.
d. a responding motion for judgment on the brief.
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