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Chapter 10 Litigation
N/A
26
Law
Undergraduate 4
04/28/2015

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Cards

Term
T or F: Neither the court nor any of the parties ever can waive person jurisdiction
Definition
False
Term
T or F: A state court of general jurisdiction may hear a case based upon a federal civil rights statute
Definition
True
Term
T or F: The term "engrossment" is used to indicate that interrogatory questions and their answers related to a particular party are numbered sequentially from one set of interrogatories to the next
Definition
False
Term
T or F: Answers to iterrogatories must be verified by the party to whom they are addressed
Definition
True
Term
T or F: All of the discovery methods provided in the Federal Rules of Civil Procedure are self-executing
Definition
False
Term
T or F: The Federal Rules of Civil Procedure govern procedural matters such as the use of privileged communications in federal civil trials
Definition
False
Term
T or F: The time limitation for responding to a counterclaim is 20 days after the date of its servicce
Definition
False
Term
T or F: A plaintiff may aggregate her claims against a single defendant to reach the minimum dollar amount required to establish federal diversity jurisdiction
Definition
True
Term
T or F: In a federal diversity action, the plaintiff may be able to invoke the federal court's supplemental jurisdiction to file a claim against a third-party defendant
Definition
False
Term
T or F: The usual method of serving process on a corporation is to serve its president
Definition
False
Term
T or F: Interpleader is initiated by one who already is a party to an existing lawsuit
Definition
False
Term
T or F: Depositions cannot be conducted before a civil complaint is filed
Definition
False
Term
T or F: Juries may decide issues related to both law and fact in simple cases
Definition
False
Term
T or F: The pleadings allowed in a federal civil case include complaint, answer, counterclaim, crossclaim, and (sometimes) reply
Definition
True
Term
T or F: A permissive counterclaim is one which requires the court's permission before it can be filed in a civil case
Definition
False
Term
T or F: If a criminal charge is pending, the defendant may not be sued in a related civil case until the criminal case is concluded
Definition
False
Term
T or F: It is unethical for a lawyer knowingly to offer evidence during litigation which he or she knows is perjured
Definition
True
Term
T or F: Interrogatories under Rule 33 may be served on any person who may have personal knowledge of the facts involved in a particular litigation
Definition
False
Term
T or F: Because answers to interrogatories are given under oath, the answering party may use his or her own answers to prove the truth of their content
Definition
False
Term
T or F: A civil action is commenced in federal court when the complaint is filed
Definition
True
Term
T or F: The answer day for interrogatories can be extended without court approval if all parties agree to the extension and if the extension does not interfere with the time for completing discovery, for hearing a motion, or for trial
Definition
True
Term
T or F: Objections to interrogatories must be filed within 10 days after the interrogatoris are served
Definition
False
Term
T or F: If subject matter jurisdiction is defective, the parties may agree among themselves to waive this requirement
Definition
False
Term
T or F: An interlocutory appeal is the method used to obtain appellate review of a discovery order prior to the time of trial
Definition
True
Term
T or F: Summary judgment exists in most state court litigations but no longer exists in federal court litigations
Definition
False
Term
T or F: Scheduling orders are mandatory in federal civil litigation
Definition
True
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