Quiz on Civil Procedure

1. Depositions are: 

  written statements made during arbitration. 

  documentary evidence introduced at trial. 

 oral examinations of a party or a party’s witness by the opposing party’s attorney.

 written questions directed to a party, answered in writing, and signed under oath. 
 

2. Kennedy sues Kyle for “aesthetic pollution.” The basis for his suit is Kyle’s habit of wearing clothes Kennedy considers ugly. Kennedy’s complaint offers details of Kyle’s “ugly” clothing in many separate, numbered paragraphs. However, no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party. Thus, Kyle wants to defeat Kennedy’s claim as fast as possible. The best procedural device for doing so is: 

  the motion for judgment not withstanding the verdict. 

 the motion for summary judgment. 

 the motion for a directed verdict. 

the motion to dismiss 
 

3. The burden of proof in a civil case is

  probable cause, based on the evidence 

 a moral certainty, based on the evidence

  a preponderance of the evidence

beyond a reasonable doubt, based on the evidence 
 

4. For federal “diversity” jurisdiction to exist: 

  the plaintiff and the defendant must each be citizens of the same state. 

  the case must involve a controversy between two different governments.

  the amount in controversy must exceed $75,000.

the case must begin in a federal court of appeals. 
 

5. A lawsuit generally proceeds in what order?

  Summons, complaint, subpoena, answer, discovery, verdict, motion to dismiss

Complaint, reply, verdict, discovery, appeal

Summons, complaint, interrogatories, answer, production of documents, reply, appeal

  Complaint, answer, reply, discovery, pretrial conference, trial, appeal 
 

6. Surf Rappers, a New York-based band, rents a Malibu, California beach house posted on Airbnb from Julio, a Texas businessman.  While at the beach house, Surf Rappers through a big party and major damage is done to the house.  Where can Julio sue Surf Rappers?

 Julio can sue in Texas because that’s where he lives.  It doesn’t matter that Surf Rappers have never been to Texas.

 Since Surf Rappers is based in New York, that’s the only place they can be sued. 

Julio can sue in California because under in rem jurisdiction, since the property is in California, jurisdiction is proper there.

7. Mikhail has brought a lawsuit against Hassan. Mikhail feels that there is no genuine issue of material fact in dispute, and also that he is entitled to win this case as a matter of law. What legal procedure would allow Mikhail to win this case as quickly as possible? 

  Voir dire 

 Motion for summary judgment

Jury trial

Discovery