Civil Litigation

Chapter 2 NALA

In most civil cases, the burden of proof is…

A preponderance of the evidence

FRCP 36 states that if a party served with a request for admissions does not respond within 30 days, the fact(s) involved are deemed to have been….

Admitted

What must a defendant or defendant(s) receive to notify them of a claim that was filed and that they have a certain amount of time allowed to file an answer?

A complaint along with a formal summons

What does FRCP 8 state?

Lists the affirmative defenses to a pleading

What option is not considered an affirmative defense?

Respondeat Superior

What is considered the harshest sanction to penalize a litigant who routinely ignores an opponent’s requests for discovery?

A court may dismiss a case

Which motion asks the court to enter judgement as a matter of law if the moving party proves there is no genuine dispute as to any material fact and is entitled to the relief requested?

Motion for Summary Judgement

A brief speech made by attorneys for a plaintiff and defendant where they outline what will happen in a case and what evidence the jury can expect to see is…

An opening statement

Which discovery method may be used for party and non-party witnesses?

Depositions

If a case primarily involves issues that are controlled by state law, but there also exists a “federal issue” which is inextricably intertwined with the “state law” issues, the federal court may accept the case under what is called…

Supplemental Jurisdiction

During voir dire, an attorney may remove a prospective jury member using a peremptory challenge for the following reason…

The attorney believes the juror is uneducated

The motion that is filed if someone wants the court to act on a case where the defendant has failed to answer a complaint is called…

Motion for default

The response to a counterclaim is called…

an answer

What is the verdict that provides the jury’s findings for each issue in a dispute called?

A special verdict

Which party has the burden of proving an affirmative defense?

The defendant

What is not a goal of a trial scheduling conference?

Challenge jurors

In a trial, one of the last actions the court performs is…?

Issue a final judgment

Which type of joinder allows a party to join the litigation if there is a common question of law or fact, and each plaintiff has a right to relief?

Permissive joinder

Substitution of parties is not appropriate when…

A party lacks standing

What is the name of the party with interest in a controversy before the court that the court cannot render an equitable judgement without having jurisdiction over that party?

An indispensable party