CP Civil Litigation Procedures 2 — Questions and Answers
Question 1: What is the primary purpose of a motion for summary judgment?
- To dismiss a case for lack of jurisdiction
- To obtain judgment without a full trial when no genuine dispute of material fact exists (Correct answer)
- To compel discovery responses
- To request a change of venue
Correct answer: To obtain judgment without a full trial when no genuine dispute of material fact exists
A motion for summary judgment argues that there are no genuine disputes of material fact and the moving party is entitled to judgment as a matter of law.
Under Rule 56, a party may move for summary judgment showing no genuine dispute of material fact and entitlement to judgment as a matter of law, eliminating the need for a full trial when key facts are uncontested.
Question 2: Which document formally begins a civil lawsuit?
- A subpoena
- A complaint (Correct answer)
- An answer
- A motion to dismiss
Correct answer: A complaint
A complaint is the initial pleading filed by the plaintiff that sets forth the claims and requests relief.
The complaint is the foundational document initiating a civil action. It must contain a short statement of jurisdiction, a statement of the claim, and a demand for relief. Filing and serving it on the defendant begins the litigation process.
Question 3: What is the standard of proof in most civil cases?
- Beyond a reasonable doubt
- Clear and convincing evidence
- Preponderance of the evidence (Correct answer)
- Probable cause
Correct answer: Preponderance of the evidence
Preponderance of the evidence means it is more likely than not that the claim is true.
In most civil cases, the plaintiff must prove their case by a preponderance of the evidence, meaning it is more probable than not that the claims are true. This is lower than clear and convincing evidence and much lower than beyond a reasonable doubt used in criminal cases.
Question 4: During which phase of litigation does a party request documents, interrogatories, and depositions?
- Pleading phase
- Discovery phase (Correct answer)
- Trial phase
- Post-judgment phase
Correct answer: Discovery phase
Discovery is the pre-trial phase where parties exchange information and gather evidence.
The discovery phase occurs after pleadings and before trial. Parties may use interrogatories, requests for production, requests for admission, depositions, and examinations. Discovery is governed by Rules 26-37 of the Federal Rules of Civil Procedure.
Question 5: What is a default judgment?
- A judgment entered after a full trial
- A judgment entered when the defendant fails to respond within the required time (Correct answer)
- A judgment based on an arbitration award
- A judgment automatically stayed pending appeal
Correct answer: A judgment entered when the defendant fails to respond within the required time
A default judgment is entered against a party who fails to plead or otherwise defend within the time allowed.
Under Rule 55, when a party fails to plead or otherwise defend, the clerk or court may enter a default judgment. The process typically involves entry of default by the clerk followed by the court entering judgment. Default judgments can sometimes be set aside under Rule 55(c) for good cause.
Question 6: Which type of challenge allows an attorney to remove a potential juror without stating a reason?
- Challenge for cause
- Peremptory challenge (Correct answer)
- Judicial challenge
- Standing challenge
Correct answer: Peremptory challenge
A peremptory challenge allows dismissing a juror without reason, though it cannot be used for discriminatory purposes.
Peremptory challenges allow attorneys to remove potential jurors without providing any reason, unlike challenges for cause. Each side receives a limited number. Under Batson v. Kentucky (1986), they cannot be exercised based on race, gender, or other protected characteristics.
CP Civil Litigation Procedures 2
What is the primary purpose of a motion for summary judgment?