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Civil Litigation Test

Enter the letter for the matching Answer
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1.
In order to commence a lawsuit you must have standing?
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2.
The burden of proof in a civil case is
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3.
Prior to taking a deposition the person to be deposed must receive: (a) an invitation (B) motion to depose (C) notice of deposition (D) summons
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4.
The trial court in Minnesota and in the Federal system is called the
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5.
In order of the court requiring a witness to appear in produce documents are items is called a:
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6.
If we are suing the state of Minnesota who accept service on their behalf?
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7.
The Rule Of Procedure that allows for sanctions when a party wrongfully fails to comply with discovery requests is:
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8.
When a defendant asserts a claim against the plaintiff they will file a
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9.
Initial disclosure eliminates the need for: (a) depositions (b) Summons and complaint (c) early interrogatories (d) subpoenas
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10.
In federal court you must include a demand for a jury trial within the summons and complaint or it is waived?
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11.
The Rule Of Civil Procedure that defines the general scope and limits of discovery is rule: (a) 26 (b) 16 (c) 33 (d) 30
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12.
List three types of affirmative defenses and what rule that controls?
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13.
What is the accepted method of filing documents in the Federal courts?
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14.
The numbering of documents received in a request is called
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15.
What Rule Of Procedure sets forth how inaction is commenced in Minnesota, and explain the methods of how the action is commenced?
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16.
When drafting a complaint in Minnesota and what is the maximum amount one can seek and what rule governs?
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17.
A lawsuit may be prevented if the defendant (a) is a child (b) is a partnership (c) is a corporation (d) has sovereign immunity
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18.
The document issued by the Federal Court that informs a defendant of the action and requires the defendant to answer within a specified period of time is called a
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19.
Which of the following statements are hearsay? (a)I saw Mary hit John (b) What did defendant say? (c)My Wife said John slipped (d) I heard a gun shot
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20.
When a defendant feels that they are not subject to the jurisdiction of the court they will file what type of motion?
A.
summons
B.
F
C.
Rule 8.03. (1) assumption of the risk (2) contributory negligence (3) estoppel
D.
Atty. General or deputy Atty. General or an assistant Atty. General
E.
T
F.
D-Has Sovereign immunity
G.
The maximum amount one can seek within the complaint is damages in excess of $50,000. The court determines the damages and has discretion toward more than $50,000. The rule that governs his rule 8.01.
H.
E filing
I.
B-My wife said John Slipped
J.
A-Rule 26
K.
Rule 3.01 to the individual, partnership and associations, corporation, which are the Atty. General of serving upon the state. If service upon a public corporation, an action has commenced by service of process begins the municipal or public corporation
L.
C –notice of deposition
M.
district court
N.
preponderance of evidence
O.
Motion to dismiss for lack of personal jurisdiction. Rule 12.03
P.
Counterclaim
Q.
bates numbers
R.
subpoena duces ticum
S.
rule 37.02
T.
C-Early interrogatories
Type the Answer that corresponds to the displayed Question.
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21.
Laws that give a court personal jurisdiction over nonresident persons are called what type of statutes?
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22.
Interrogatories should be answered: (a) orally if stipulated to by the parties (B) under oath (C) without objection (D) without providing the real answer
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23.
What Rule of Civil Procedure covers pleadings contents? (a) Rule 10 (b) Rule 14 (c) Rule 8 (d) Rule 25
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24.
What type of motion is brought seeking a pretrial order relating to the admissibility or inadmissibility of evidence?
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25.
In Minnesota hold most person pay to serve process? What rule?
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26.
The person to be examined in a deposition is called the: (a) deposer (B) depositor (C) deponent (D) troubled individual
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27.
The intentional destruction of requested documents are evidence is called:
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28.
The removal of non relevant, privileged or prejudicial material from documents is called:
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29.
A set of interrogatories must be signed by the: (a) client (b) Attorney (c) paralegal who prepares them (d) clerk of court
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30.
A complaint does not: (a) introduce the cause of action (b) present defenses (c)state the court’s jurisdiction (d)inform the defendant of the action

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