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10. Which of the following terms refers to examination of witness by opposing counsel? A. Redirect examination C. Closing examination
B. Cross-examination D. Re-examination Scenario for Questions 11–12
Sam, a process server in New York City, serves initial lawsuit papers on Tom by handing them to Tom’s 15-year-old son, Jamie. The action is being brought in state court.
11. What pleadings were served?
A. Motion and Order B. Summons and Complaint C. Request for Production of Documents D. Complaint and Answer
12. How will the defendant most likely respond to these pleadings?
A. The defendant will file a Motion for Summary Judgment. B. The defendant will submit the information requested and ask the jury to rule in its favor. C. The defendant will file an Answer or a Demurrer/Motion to Dismiss. D. The defendant will file an Answer or a discovery request.
13. Using a deadly weapon to threaten another person is known as A. battery. C. coercion.
B. assault. D. conversion. 14. Most pleadings begin with a special heading, known as a/an
A. verification. C. caption. B. docket. D. ad damnum clause.
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Examination
15. The process through which a neutral third party attempts to persuade opposing parties to settle their differences through compromise is known as
A. mediation. C. settlement. B. arbitration. D. summary judgment.
Scenario for Questions 16–18
At a high school soccer game, Ian’s team beats Calvin’s team in overtime. Ian taunts Calvin by jumping in front of him with the victor’s trophy and yelling obnoxiously. Calvin knocks Ian down, causing him to receive a concussion. Then Calvin throws the soccer ball into Ian’s stomach.
16. What crime may Calvin be charged with and why?
A. Calvin may be charged with battery. Calvin acted with force and intentionally inflicted harm on Ian without Ian’s consent.
B. Calvin may be charged with assault. Calvin acted with force and intentionally inflicted harm on Ian without Ian’s consent.
C. Calvin may be charged with tortious conduct. Calvin acted with malice aforethought and harmed Ian.
D. Calvinmaybechargedwithcorpusdelicti.Calvinknewwithsubstantialcertaintythat knocking Ian down would cause him harm.
17. Who will bring the criminal action?
A. Ian’s high school principal B. Ian C. Ian’s parents D. TheProsecutor
18. Does Ian have any civil cause of action against Calvin, and if so, what type of action?
A. No B. Yes, Ian can bring a civil assault and battery action against Calvin as well for any
injuries he suffers. C. Yes, I