Ch03 Trials and Resolving Disputes TEST BANK WITH 100% CORRECT ANSWERS

Ch03 Trials and Resolving Disputes

TRUEFALSE

1. The plaintiff selects the court in which to file an action against a defendant.

(A) True

(B) False

Answer : (A)


2. The defendant has the right to move a suit to the court "of greatest convenience."

(A) True

(B) False

Answer : (B)


3. The U.S. judicial system is considered to be "adversarial."

(A) True

(B) False

Answer : (A)


4. The U.S. judicial system is considered to be "jointly cooperative."

(A) True

(B) False

Answer : (B)


5. When a plaintiff files a lawsuit, the bailiff is responsible for service of process to the defendant.

(A) True

(B) False

Answer : (B)


6. Service of process of a lawsuit usually consists of a summons.

(A) True

,(B) False

Answer : (A)


7. Service of process is said to be complete when the clerk of the court schedules a case for trial.

(A) True

(B) False

Answer : (B)


8. The first of the pleadings is known as an answer.

(A) True

(B) False

Answer : (B)


9. The first of the pleadings is known as "a claim."

(A) True

(B) False

Answer : (B)


10. When a plaintiff files an action against a defendant, it is called the complaint.

(A) True

(B) False

Answer : (A)


11. When a plaintiff files an action against a defendant, it is called the notification.

(A) True

(B) False

Answer : (B)


12. When the plaintiff first files a case, the pleadings include a remedy being sought by the plaintiff.

(A) True

(B) False

,Answer : (A)


13. When the plaintiff files a case, the pleadings must include a summary of the major evidence that
supports the claims.

(A) True

(B) False

Answer : (B)


14. Following the service of plaintiff's complaint, even if the claims are complete nonsense, the
defendant must file a responsive pleading.

(A) True

(B) False

Answer : (A)


15. If a defendant does not respond to a case filed by a plaintiff, the plaintiff wins.

(A) True

(B) False

Answer : (A)


16. Defendant's motion to dismiss for failure to state a claim (demurrer) is used when there is a
technical error in plaintiff's lawsuit, such as the case being filed in the wrong court. Such motions do
not concern the adequacy of the claim itself.

(A) True

(B) False

Answer : (B)


17. If a court does not have jurisdiction over the person of a defendant, the defendant may move to
have the plaintiff's case dismissed.

(A) True

(B) False

Answer : (A)


18. If a court does not have jurisdiction over the subject matter of a case, the defendant may file a

, motion to dismiss the complaint.

(A) True

(B) False

Answer : (A)


19. If a plaintiff files a case and the defendant agrees with all the facts claimed by the plaintiff, the
defendant may still be able to get the case dismissed for failure to state a claim.

(A) True

(B) False

Answer : (A)


20. A court may dismiss a case because, even if the statements made by the plaintiff are true, there
is no legal remedy for the events that happened.

(A) True

(B) False

Answer : (A)


21. A motion to dismiss is called a demurrer in some courts.

(A) True

(B) False

Answer : (A)


22. In her answer, the defendant must admit or deny the allegations made by the plaintiff in the
complaint.

(A) True

(B) False

Answer : (A)


23. If a defendant files a claim against the plaintiff, the plaintiff must respond to that claim.

(A) True

(B) False