NALA Civil Litigation Procedures Questions and Answers 1 — Questions and Answers
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?
- A deposition
- A request for production
- Interrogatories (Correct answer)
- A request for admission
Correct answer: Interrogatories
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?
- A motion to dismiss
- A motion for summary judgment (Correct answer)
- A motion to compel
- A motion in limine
Correct answer: A motion for summary judgment
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?
- To select the jury for the upcoming trial.
- To present opening statements to the judge.
- To argue the final points of the case before a verdict is rendered.
- To narrow the issues for trial, facilitate settlement, and manage the course of the litigation. (Correct answer)
Correct answer: To narrow the issues for trial, facilitate settlement, and manage the course of the litigation.
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:
- Voir dire (Correct answer)
- Habeas corpus
- Stare decisis
- Res judicata
Correct answer: Voir dire
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?
- Motions
- Discovery Requests
- Pleadings (Correct answer)
- Subpoenas
Correct answer: Pleadings
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.
Question 6: A plaintiff loses a breach of contract case. A year later, the plaintiff attempts to sue the same defendant again based on the exact same facts and contract, hoping for a different outcome. Which legal doctrine would the defendant most likely use to have the second lawsuit dismissed?
- Collateral Estoppel
- Stare Decisis
- Res Judicata (Correct answer)
- Laches
Correct answer: Res Judicata
Res judicata, also known as 'claim preclusion,' prevents the same parties from re-litigating a claim that has already been decided on its merits. Since the claim involving the same contract and facts was already adjudicated, this doctrine would bar the second lawsuit.
NALA Civil Litigation Procedures Questions and Answers 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?