Civil Litigation & Procedure Flashcards
7 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Civil Litigation & Procedure flashcards as text
In California, a 'default' is entered against a defendant who fails to respond to the complaint within the allotted time. What must a plaintiff do BEFORE a default can be entered?
Answer: File a request for entry of default with proof of service
Under CCP § 585, a plaintiff must file a request for entry of default accompanied by proof of service showing the defendant was properly served and failed to respond.
Under California's Anti-SLAPP statute (CCP § 425.16), a SLAPP suit is a lawsuit that arises from:
Answer: A person's exercise of their constitutional right of petition or free speech on a public issue
CCP § 425.16 targets 'strategic lawsuits against public participation' — suits arising from protected activity in connection with a public issue — allowing early dismissal via a special motion to strike.
A 'stipulation' in California civil litigation is best described as:
Answer: A written agreement between parties regarding a procedural or substantive matter
A stipulation is a voluntary written agreement between the parties (and their counsel) on procedural or substantive matters, which may be binding upon the court.
Under CCP § 998, a party may serve an offer to compromise. If the offering party obtains a judgment more favorable than the offer, the other party may be liable for:
Answer: The offering party's expert witness fees incurred after the offer date
Under CCP § 998(c), if a defendant's offer is not accepted and the plaintiff fails to obtain a more favorable judgment, the plaintiff may be ordered to pay the defendant's expert witness costs incurred after the offer.
In a California civil jury trial, the standard of proof for most civil claims requires the party with the burden of proof to establish their case by:
Answer: A preponderance of the evidence
The standard of proof in most California civil cases is preponderance of the evidence — meaning it is more likely than not that the fact is true.
Which of the following describes a 'third-party complaint' in California civil litigation?
Answer: A cross-complaint by a defendant against someone not already a party who may be liable to the defendant
A third-party complaint (cross-complaint for indemnity or contribution) allows a defendant to bring in a new party — not already in the action — who may be wholly or partly liable to the defendant.
After a California jury verdict, a party who believes the verdict is not supported by the evidence may file a motion for:
Answer: New trial or judgment notwithstanding the verdict (JNOV)
Under CCP §§ 629 and 657, a losing party may move for a judgment notwithstanding the verdict (JNOV) or a new trial if the verdict lacks sufficient evidentiary support.