Question 1

Voir dire is the process of screening prospective jurors.

Accepted Answer

Voir dire is a legal term that specifically refers to the process of questioning potential jurors to determine their qualifications and biases. It is an important part of the jury selection process in most countries.

Question 2

A motion to dismiss must be filed before an answer is filed.

Accepted Answer

False

Question 3

Interrogatories must be answered in writing and under oath.

Accepted Answer

Interrogatories are written questions that one party in a lawsuit sends to another party, and the recipient is required to answer them in writing and under oath. This is typically done to gather information or evidence related to the lawsuit.

Question 4

Specific performance is an equitable remedy.

Accepted Answer

Specific performance is a remedy granted by a court of equity to compel a party to fulfill a specific obligation, such as a contractual agreement. Therefore, it is considered an equitable remedy.

Question 5

Depositions are generally taken in the courtroom.

Accepted Answer

Depositions are usually taken outside of the courtroom, in a lawyer's office or another private location. They are part of the pre-trial discovery process and are used to gather sworn testimony from witnesses or parties involved in a lawsuit.

Question 6

The plaintiff is the only party in a suit who can counterclaim.

Accepted Answer

Both plaintiffs and defendants have the right to make a counterclaim in a lawsuit.

Question 7

Work product is discoverable.

Accepted Answer

Work product, which includes materials prepared in anticipation of litigation by or for an attorney, is generally protected from discovery under the work product doctrine, unless the opposing party shows substantial need and inability to obtain the equivalent without undue hardship.

Question 8

A default is entered when the defendant counterclaims.

Accepted Answer

A default is entered when the defendant fails to respond to the plaintiff's complaint within the time allowed. It is not related to the defendant counterclaiming.

Question 9

Statutes of limitations are always four years.

Accepted Answer

Statutes of limitations vary depending on the type of case and the jurisdiction in which it is filed. They can range from a few months to several years.

Question 10

A motion for judgment on the pleadings is the same as a motion for summary judgment.

Accepted Answer

A motion for judgment on the pleadings only considers the pleadings (complaint and answer) and does not involve any outside evidence, while a motion for summary judgment considers all evidence submitted by both parties.

Question 11

The summons is the same document as the complaint.

Accepted Answer

The summons and the complaint are two separate documents. The complaint is filed by the plaintiff to initiate a lawsuit, while the summons is served on the defendant to inform them of the lawsuit and their rights to respond.

Question 12

A motion for summary judgment is appropriate only if there are no issues of fact.

Accepted Answer

A motion for summary judgment is only appropriate when there are no genuine issues of material fact in the case. If there are disputed facts that are essential to resolving the case, then the parties must proceed to trial to resolve those factual disputes.

Question 13

Injunctions are equitable remedies.

Accepted Answer

Injunctions are indeed an equitable remedy, which means they are granted at the discretion of a judge based on principles of fairness and justice rather than on strict legal rules. Injunctions can be used in various situations where a party seeks to prevent or compel certain actions, such as stopping someone from infringing on their intellectual property rights or requiring a specific performance in a contract dispute.

Question 14

Every trial requires a jury.

Accepted Answer

Many trials, especially civil cases and minor criminal cases, can be decided by a judge alone without the need for a jury. This is known as a bench trial.

Question 15

To be valid,a complaint must have every fact listed in it.

Accepted Answer

A complaint does not necessarily need to have every fact listed in it, but it should contain enough relevant details and information to support the claims being made.

Question 16

The complaint and answer are both pleadings.

Accepted Answer

Both the complaint and answer are considered pleadings in a legal case. The complaint is filed by the plaintiff and outlines their claims against the defendant, while the answer is filed by the defendant and responds to the allegations made in the complaint.

Question 17

A complaint must establish subject matter jurisdiction.

Accepted Answer

Subject matter jurisdiction refers to the authority of a court to hear a particular type of case or controversy. Without subject matter jurisdiction, a court cannot adjudicate a case. Therefore, a complaint must establish subject matter jurisdiction.

Question 18

A lawsuit begins with the filing of a complaint or petition.

Accepted Answer

This is true. A lawsuit is initiated when the plaintiff files a complaint or petition with a court.

Question 19

Venue is the subject matter jurisdiction of a court.

Accepted Answer

Venue refers to the geographic location where a court case should be heard, while subject matter jurisdiction refers to a court's authority to hear cases of a particular type or cases relating to specific subject matter.

Question 20

A request for admission that is refused and later proved can carry a penalty of recovery of attorney's fees.

Accepted Answer

This is true according to Rule 36 of the Federal Rules of Civil Procedure, which allows for the recovery of reasonable attorney's fees if a party later proves that the denial of a request for admission was unwarranted.

Quiz 4: Managing Disputes: Alternative Dispute Resolution and Litigation Strategies