S.d. Fla. Admissions Test

Front 1

1. All civil and criminal cases shall be assigned on the following basis:
a) blind random basis;
b) blind random basis, unless a particular judge is requested due to his expertise regarding the legal issue involved in the cause;
c) blind random basis, provided however that in the interest of justice and expediency, the Court may modify the assignments made to active or senior judges;
d) the means of assignment is within the sound discretion of the Clerk of the Court.

Back 1

1. c -S.D. Fla. L.R. 3.4A,B,C, D

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2. Whenever an action or proceeding is terminated by entry of a notice or order of dismissal:
a) it may never be refiled;
b) it always may be refiled if it is accompanied by a certificate of good cause;
c) it shall be transferred to the judge to whom the original action was assigned if it is refiled without a substantial change in issues or parties;
d) both (b) & (c) are correct.

Back 2

2. c -S.D. Fla. L.R. 3.9A; Fed.R.Civ.P. 41(a)-(c)

Front 3

3. Whenever an action or proceeding is filed with this Court which involves subject matter which is a material part of the subject matter of another action or proceeding then pending before this Court, or for other reasons the disposition thereof would appear to entail unnecessary duplication of judicial labor if heard by a different judge:
a) the Clerk shall assign the newly filed action or proceeding the same number as the similar previously filed action and shall be assigned to the judge to whom the previously filed action was assigned.
b) the judges involved shall determine whether the newly filed action or proceeding should be transferred to the judge to whom the earlier filed action or proceeding is assigned.
c) the judges and attorneys involved shall determine whether the newly filed action or proceeding should be transferred to the judge to whom the earlier filed action or proceeding is assigned.
d) the judges involved, in conjunction with the parties, shall determine whether the newly filed action or proceeding should be transferred to the judge to whom the earlier filed action or proceeding is assigned.

Back 3

3. b -S.D. Fla. L.R. 3.9C

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4. All models, diagrams, books, or other exhibits received in evidence or marked for identification in any action or proceeding shall:
a) be delivered to the Clerk who shall keep them in his/her custody, except that any narcotics, cash, weapons, and other exhibits that require special handling, shall remain in the possession of the party introducing them.
b) remain with the party introducing the same during pendency of proceedings and any appeal.
c) be removed by the filing party within three months after final adjudication of the
action or proceeding and disposition of any appeal.
d) both (a) and (c) are correct.

Back 4

4. d -S.D. Fla. L.R. 5.3B & C

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5. Other than those specified in the Local Rules, a motion when filed shall generally be accompanied by:
a) a memorandum of law citing supporting authorities.
b) stamped addressed envelopes for each party entitled to notice of the order when issued by the judge.
c) a cover sheet.
d) both (a) and (b).
e) all of the above.

Back 5

5. a -S.D. Fla. L.R. 7.1A(1)

Front 6

6. Counsel may, but are not required, to include his/her facsimile number in the signature block, e-mail address, along with name and Florida Bar Identification number on any papers filed with the Court.
TRUE FALSE

Back 6

6. False -S.D. Fla. L.R. 5.1A(6)

Front 7

7. Absent prior permission of the Court, no party shall file any legal memorandum in excess of:
a) ten pages.
b) twenty pages in length, with the exception of a reply which shall not exceed ten pages in length.
c) twenty-five pages.
d) fifty pages.
e) not specified by Local Rule.

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7. b -S.D. Fla. L.R. 7.1C(2)

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8. Absent prior permission of the Court, no party shall file any reply memorandum in excess of:
a) ten pages.
b) twenty pages.
c) twenty-five pages.
d) fifty pages.
e) not specified by Local Rule.

Back 8

8. a -S.D. Fla. L.R. 7.1C(2)

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9. A party who desires oral argument or a hearing of any motion:
a) shall include such request in the concluding paragraph of the motion.
b) shall schedule a hearing through the courtroom deputy.
c) shall schedule a hearing through the Clerk of the Court.
d) shall request it in writing by separate request accompanying the motion or opposing memorandum.

Back 9

9. d -S.D. Fla. L.R. 7.1B(1)

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10. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

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10. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

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11. The practice of filing multiple motions for partial summary judgment which are collectively intended to dispose of the case (as opposed to one comprehensive motion for summary judgment) in order evade memorandum page limitations:
a) is specifically prohibited.
b) is disfavored in cases that are not complex.
c) is an issue to be covered in the scheduling conference report.
d) both (b) and (c).

Back 11

11. c -S.D. Fla. L.R. 16.1.B.2(d)

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12. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

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12. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 13

13. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 13

13. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 14

14. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 14

14. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 15

15. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

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15. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 16

16. A motion for summary judgment must be accompanied by:
a) a thorough statement of the material facts addressed in the motion, which shall not exceed twenty pages in length.
b) a thorough statement of the material facts addressed in the motion, which shall not exceed ten pages in length.
c) a concise statement of the material facts as to which it is contended there is no genuine issue to be tried, which shall not exceed twenty pages in length.
d) a concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried, which shall not exceed ten pages in length.

Back 16

16. d -S.D. Fla. L.R. 7.5A & C

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17. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

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17. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

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18. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

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18. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

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19. Proceedings during mediation are recorded and may be made part of the record for trial purposes.
TRUE FALSE

Back 19

19. False -S.D. Fla. L.R. 16.2G(2)

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20. Any party aggrieved by a U.S. Magistrate Judge’s non-dispositive ruling shall have the right to appeal to the district judge to whom the case is assigned by filing written objections which specifically set forth:
a) the order, or part thereof, appealed from.
b) statutory, rule, or case authority in support of the moving party’s position.
c) a concise statement of the alleged error in the Magistrate Judge’s ruling.
d) all of the above.

Back 20

20. d -Magistrate Rules 4(a)(1)

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21. The presumptive limitation on the number of Interrogatories that can be served on a party, twenty-five questions including all discrete subparts, as set forth in Fed. R. Civ. P. 33(a), is the limit in this District.
TRUE FALSE

Back 21

21. True -S.D. Fla. L.R. 26.1.G.1

Front 22

22. According to the local rules for the Southern District of Florida, no party may serve:
a) more than twenty interrogatories, including subparts.
b) more than forty interrogatories, including subparts.
c) more than sixty interrogatories, including subparts.
d) none of the above.

Back 22

22. d -S.D. Fla. L.R. 26.1.G.1

Front 23

23. Interrogatories shall be served as follows:
a) a copy on the party to whom directed, and all other parties, but shall not generally be filed with the Court or the Clerk.
b) the original and a copy on the party to whom directed, and copies served on all other parties to the action
c) the original and a copy on the party to whom directed; copies to all other parties to the action; and an executed certificate of service filed with the Clerk.
d) original and a copy on the party to whom directed; and either copies to all other parties or a copy to the Clerk of Court with a certificate of service to all other parties.

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23. a -S.D. Fla. L.R. 26.1B

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24. When the interrogatories have been completed by the responding party:
a) a copy shall be served upon the party who propounded the interrogatories, and upon all other parties.
b) the original shall be filed with the Clerk and all other parties shall be served with a notice of filing of interrogatories
c) the original shall be filed with the Clerk and copies served upon all other parties.
d) the original shall be filed with the Clerk, a copy shall be served upon the party who propounded the interrogatories, and all other parties shall be served a notice of filing.

Back 24

24. a -S.D. Fla. L.R. 26.1B

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25. Motions to compel discovery shall:
a) quote verbatim each interrogatory, request for admission or request for production and the response to which objection is taken.
b) set forth the specific objection and the grounds assigned for the objection.
c) state the reasons assigned as supporting the motion.
d) all of the above.

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25. d -S.D. Fla. L.R. 26.1H.2

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26. Requests for discovery and answers or objections thereto shall be filed with the Clerk:
a) when the request is to be served upon a non-party.
b) when filed contemporaneously with a motion to compel.
c) at all times.
d) none of the above.

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26. b -S.D. Fla. L.R. 26.1C

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27. When there are numerous similar objectionable responses, a motion to compel discovery may be stated generally and need not be addressed to the specific interrogatory, request for admission or production.
TRUE FALSE

Back 27

27. False -S.D. Fla. L.R. 26.1.H.2 each objection shall be detailed, question by question

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28. Prior to filing a motion to compel or a motion for a protective order, counsel for the moving party shall confer with counsel for opposing party and file, at the time of filing the motion, a statement certifying that he/she has conferred with counsel for the opposing party in a good faith effort to resolve by agreement the issues raised. Should the non-moving party fail to provide the Court with an adequate reason why they have been unable or unwilling to do so, the Court may grant the motion and sanction the non-moving party for its conduct.
TRUE FALSE

Back 28

28. True -S.D. Fla. L.R. 26.1.I & 7.1.A.3

Front 29

29. If the moving party has made a diligent effort, but opposing party(ies) or counsel are unable or unwilling to confer in good faith prior to one party filing any discovery motion, the
“Certificate of Counsel” (that such a good faith conference has occurred) required to be filed contemporaneously with the motion, may be omitted.
TRUE FALSE

Back 29

29. False -S.D. Fla. L.R. 26.1.I & 7.1.A.3

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30. Although subpoenas for deposition in criminal cases may be issued only by order of court, subpoenas for deposition in civil cases may be issued and signed by a member of the bar of this Court or by the Clerk of the Court.
TRUE FALSE

Back 30

30. True -S.D. Fla. L.R. 45.1; Fed.R.Civ.P. 45(a)(3)

Front 31

31. Papers opposing a motion for summary judgment shall include:
a) a memorandum of law.
b) necessary affidavits.
c) a concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried.
d) all of the above.

Back 31

31. d -S.D. Fla. L.R. 7.5.B

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32. Unless the Court directs otherwise, all orders orally announced in Court shall:
a) not be subject to appeal.
b) be prepared in writing by the attorney for the moving party.
c) be prepared in writing by the attorney for the prevailing party.
d) be prepared by the court reporter who shall transcribe the order verbatim from the transcript.
e) none of the above.

Back 32

32. c -S.D. Fla. L.R. 7.1.D

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33. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

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33. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

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34. A pretrial conference shall be held in every civil action unless the Court specifically orders otherwise.
TRUE FALSE

Back 34

34. True -S.D. Fla. L.R. 16.1.C

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35. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 35

35. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

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36. The record made at the pre-trial conference shall not be deemed part of the trial record.
TRUE FALSE

Back 36

36. False -S.D. Fla. L.R. 16.1.G PTC is on record

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37. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 37

37. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 38

38. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 38

38. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 39

39. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

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39. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 40

40. Failure to comply with the Local Rules regarding pretrial procedure in civil actions will subject the party or counsel to:
a) dismissal of the case.
b) striking of defenses.
c) entry of judgment.
d) any of the above potential penalties.

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40. d -S.D. Fla. L.R. 16.1.M

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41. In regard to prisoner petitions for writs of habeas corpus, and prisoner complaints filed pursuant to 42 U.S.C. § 1983, Magistrate Judges are authorized to enter:
a) orders granting an evidentiary hearing.
b) orders granting the petition.
c) preliminary orders necessary to a final determination of whether an evidentiary hearing is required, and final orders either granting or denying the petition.
d) both (a) and (c) are correct.
e) none of the above.

Back 41

41. a -Magistrate Rules 1(f)(c) includes entering final orders

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42. Other than required by authorized personnel in the discharge of official duties, all forms of equipment or means of photographing, tape-recording, broadcasting or televising within the environs of any place of holding court in the District, including courtrooms, chambers, adjacent rooms, hallways, doorways, stairways, elevators or offices of supporting personnel, whether the Court is in session or at recess, are prohibited.
TRUE FALSE

Back 42

42. True -S.D. Fla. L.R. 77.1

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43. In the interest of justice and for the sake of judicial economy, the Clerk of the Court may select the particular judge to whom an action or proceeding is assigned.
TRUE FALSE

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43. False -S.D. Fla. L.R. 3.4.A and B Clerk shall never have input as to judicial assignment

Front 44

44. It is the duty of the attorneys of record to bring promptly to the attention of the Court and opposing counsel the existence of other similar actions then pending before this Court or before another Court or administrative agency by:
a) telephoning the judge’s chambers and opposing attorneys and verbally informing them of this matter.
b) setting forth this fact in the complaint or answer.
c) informing the Clerk of the Court.
d) filing with the Court and serving on counsel a Notice of Pendency of Other Actions containing a list and description of the case sufficient for identification.

Back 44

44. d -S.D. Fla. L.R. 3.9.D

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45. If a motion does not require a memorandum of law citing supporting authorities, it must be accompanied by a proposed order.
TRUE FALSE

Back 45

45. True -S.D. Fla. L.R. 7.1A.1 and 2

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46. Failure of a party opposing a motion to serve and file an opposing memorandum of law within the time period set forth in the Local Rules may be deemed sufficient cause for granting the motion by default.
TRUE FALSE

Back 46

46. True -S.D. Fla. L.R. 7.1.C

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47. The Southern District of Florida has opted out of the disclosure obligations prescribed by the Federal Rules of Civil Procedure.
TRUE FALSE

Back 47

47. False -S.D. Fla. L.R. 26.1.A

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48. Interrogatories shall be arranged so that following each question there shall be provided a sufficient blank space for inserting a typed response.
TRUE FALSE

Back 48

48. True -S.D. Fla. L.R. 26.1.G.4

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49. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 49

49. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 50

50. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 50

50. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 51

51. Failure by the party taking an oral deposition to comply with Local Rule 26.1.J (regarding giving reasonable notice for taking depositions) obviates the need for the aggrieved party to seek a protective order.
TRUE FALSE

Back 51

51. True -S.D. Fla. L.R. 26.1.J

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52. Should the Court find that a party or an attorney has engaged in abusive conduct during a deposition, the Court may appoint a special master at the cost of the abusive party, to preside over subsequent depositions; who may in turn prepare reports as the Court shall direct.
TRUE FALSE

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52. True -S.D. Fla. L.R. 30.1.B; Fed. R. Civ. P. 53.

Front 53

53. Should a Magistrate Judge determine that a party, or that party’s counsel, unreasonably has interrupted, delayed, or prolonged any deposition, he/she may:
a) only recommend to the District Judge to which the case is assigned, that such party or party’s counsel be sanctioned in some manner, citing the specific conduct found unreasonable.
b) impose pecuniary sanctions upon such party, or party’s counsel, pursuant to Rules 11 or 37, Fed. R. Civ. P.
c) order such party, or party’s counsel, to pay the aggrieved party’s expenses, including without limitation, reasonably necessary travel, lodging, reporter’s fees, attorneys’ fees, and videotaping expenses, for that portion of the deposition deemed unreasonable; as well as ordering such party, or party’s counsel, to pay for all costs associated with any additional depositions required as a result of such conduct.
d) both (b) and (c).
e) none of the above.

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53. c -S.D. Fla. L.R. 30.1.D

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54. Interrupting a deposition for an off-the-record conference between counsel and the witness, except for the purpose of determining whether to assert a privilege, is considered abusive deposition conduct.
TRUE FALSE

Back 54

54. True -S.D. Fla. L.R. 30.1.A.2

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55. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 55

55. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 56

56. When a motion has been made to a judge and denied, in whole or in part, and a subsequent motion is made to a different judge for the same relief in whole or in part, it is the continuing duty of each party and attorney seeking such relief to:
a) continue to zealously present the merits of their position.
b) not rely upon or proffer factual contentions or legal arguments that were expressly rejected by the former judge.
c) present to the judge to whom the subsequent application is made an affidavit setting forth the material facts and circumstances surrounding each prior application, including when and to what judge it was made, what ruling was made and what new or different facts and circumstances are claimed to exist.
d) preserve the anonymity of the former judge.
e) none of the above.

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56. c -S.D. Fla. L.R. 7.1.F

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57. Counsel in a civil action must meet and confer prior to the pre-trial conference and:
a) discuss settlement.
b) prepare a pretrial stipulation.
c) examine all trial exhibits, except that impeachment exhibits need not be revealed.
d) all of the above.
e) both (a) and (c), but not (b).

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57. d -S.D. Fla. L.R. 16.1.D

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58. For court-ordered mediation, the parties must choose a mediator from among the list of certified mediators maintained in the office of the Clerk of the Court.
TRUE FALSE

Back 58

58. False -S.D. Fla. L.R. 16.2.D.1.(b)

Front 59

59. Every civil case, except those specifically exempt by Local Rule, shall be ordered to mediation.
TRUE FALSE

Back 59

59. True -S.D. Fla. L.R. 16.2.C and 16.2.D

Front 60

60. The jury instructions are within the domain of the Court; and counsel, therefore, may not submit proposed jury instructions to the Court.
TRUE FALSE

Back 60

60. False -S.D. Fla. L.R. 16.1.L

Front 61

61. A party seeking to make a filing under seal shall:
a) deliver to the Clerk’s Office an original and one copy of the proposed filing.
b) file an original and copy of a motion to seal.
c) accompany the motion with a completed sealed document tracking form.
d) all of the above.

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61. d -S.D. Fla. L.R. 5.4.B

Front 62

62. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 62

62. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 63

63. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 63

63. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 64

64. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 64

64. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 65

65. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 65

65. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 66

66. The filing of any pleading, unless otherwise specified, shall constitute an appearance by the person who signs such pleading. However, counsel may thereafter withdraw as a matter of course at any time prior to the pretrial conference, or if there be none, the call of the calender.
TRUE FALSE

Back 66

66. False -S.D. Fla. L.R. 11.1.D.1 and 3

Front 67

67. A second or subsequent action, seeking post-conviction or other relief by petition for writ of habeas corpus filed by the same applicant involving the same offense as the previously filed action, shall be:
a) assigned to and remain with a judge pursuant to the blind rotation assignment system.
b) assigned to the Magistrate Judge in the habeas corpus division.
c) transferred to the judge to whom the original proceeding was assigned.
d) denied.
e) none of the above

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67. c -S.D. Fla. L.R. 3.9.B

Front 68

68. A party opposing a motion which was properly filed and served need not file an opposing memorandum of law.
TRUE FALSE

Back 68

68. False -S.D. Fla. L.R. 7.1C otherwise face default

Front 69

69. The Clerk of the Court has a duty to notify the judge to whom the case is assigned as to when the action is at issue.
TRUE FALSE

Back 69

69. False - S.D. Fla. L.R. 40.1.B Parties have responsibility, not the Clerk

Front 70

70. The Local Rules specify what should be included in a motion to compel.
TRUE FALSE

Back 70

70. True -S.D. Fla. L.R. 26.1.H.2

Front 71

71. Material facts set forth in the moving party’s motion for summary judgment will be deemed admitted unless controverted by the opposing party’s statement of material facts filed with the papers opposing summary judgment provided that the Court finds that the movant’s statement is supported by evidence in the record
TRUE FALSE

Back 71

71. True -S.D. Fla. L.R. 7.5.D

Front 72

72. The Court, upon written notice and good cause shown, may waive the time requirements of the Local Rules regarding opposing and reply memoranda and grant an immediate hearing on any matter requiring expedited procedure.
TRUE FALSE

Back 72

72. True -S.D. Fla. L.R. 7.1.E

Front 73

73. Pretrial conferences become part of the record at their conclusion. Therefore, statements made during the pre-trial conference concerning a possible compromise settlement shall become part of the trial record.
TRUE FALSE

Back 73

73. False -S.D. Fla. L.R. 16.1.G PTC is on record, but settlement talk is exempt

Front 74

74. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 74

74. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 75

75. In resolving calendar conflicts between federal courts and the courts of the State of Florida, the case filed first shall be given priority.
TRUE FALSE

Back 75

75. False -Internal Operating Procedure 2.13.00

Front 76

76. All civil actions arising in Dade County, and all criminal proceedings in which the offense was committed in Dade County, shall be tried at:
a) Naples.
b) Miami.
c) Fort Lauderdale.
d) Key West.

Back 76

76. b -S.D. Fla. L.R. 3.1.C; 28 U.S.C. § 89

Front 77

77. All criminal proceedings in which the offense was committed in Palm Beach County shall be tried, unless otherwise directed by Order of Court, at:
a) Naples.
b) Miami.
c) Fort Lauderdale.
d) West Palm Beach.

Back 77

77. d -S.D. Fla. L.R. 3.1.F; 28 U.S.C. § 89

Front 78

78. All criminal proceedings in which the offense was committed in Monroe County shall be tried, unless otherwise directed by Order of Court, at:
a) Naples.
b) Miami.
c) Fort Lauderdale.
d) Key West.

Back 78

78. d -S.D. Fla. L.R. 3.1.D; 28 U.S.C. § 89

Front 79

79. All civil actions arising in Broward County shall ordinarily be tried at:
a) Naples.
b) Miami.
c) Fort Lauderdale.
d) West Palm Beach.

Back 79

79. c -S.D. Fla. L.R. 3.1.E; 28 U.S.C. § 89. But see S.D. Fla. L.R. 3.1H

Front 80

80. All civil actions arising in Highlands, Indian River, Martin, Okeechobee and St. Lucie Counties shall be tried, unless otherwise directed by the Court, at:
a) Miami.
b) Fort Lauderdale.
c) West Palm Beach.
d) Fort Pierce.

Back 80

80. d -S.D. Fla. L.R. 3.1.G; 28 U.S.C. § 89

Front 81

81. Question under review for updating in light of amendments to the Federal Rules and
interim time calculations under Administrative Order 2009-51 effective December 1,
2009.

Back 81

81. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 82

82. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 82

82. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 83

83. The Court may order a trial to be conducted at any jury division within the district:
a) in the interest of justice.
b) in the interest of the status of the dockets
c) to assure compliance with the requirements imposed under the Speedy Trial Act.
d) all of the above.
e) the action must be tried in the division in which it was filed.

Back 83

83. d -S.D. Fla. L.R. 3.1.H

Front 84

84. Judge A is physically absent from the Southern District of Florida. Upon written certification from the Judge’s office, the Clerk’s office may temporarily assign any emergency matter arising in a case of Judge A’s to another Judge.
TRUE FALSE

Back 84

84. True -S.D. Fla. L.R. 3.7.B

Front 85

85. An emergency matter has arisen in a case pending before Judge A. Which of the following are necessary before the Clerk’s Office may assign another judge to hear the emergency matter:
a) Judge A must be physically absent from the Southern District.
b) Judge A’s office must issue written certification setting forth the grounds for temporary reassignment.
c) Judge A must be expected to be absent from the Southern District for at least thirty-six hours.
d) both (a) and (b).
e) all of the above.

Back 85

85. d -S.D. Fla. L.R. 3.7.B

Front 86

86. The Duty Judge shall be available to hear and preside over:
a) emergency matters arising in a case before a judge who is physically absent from this District.
b) appeals arising from Magistrate Judge’s bond hearing in which the case has been assigned to a District Judge, but that judge is not present.
c) swearing in of attorneys to practice.
d) all of the above.

Back 86

86. c -Internal Operating Procedure 8.01.00 all others may violate blind assignments

Front 87

87. The Duty Judge shall hear all emergency matters arising in a case before a Judge who is physically absent from the Southern District.
TRUE FALSE

Back 87

87. False -S.D. Fla. L.R. 3.7 and Internal Operating Procedure 8.01.00 may violate blind assignments

Front 88

88. All papers presented for filing shall contain a caption setting forth:
a) the name of the court.
b) the docket number.
c) title of the document
d) all of the above.

Back 88

88. d -S.D. Fla. L.R. 5.1.A.5

Front 89

89. Generally, when a motion is filed, a courtesy copy should be delivered by counsel to the chambers of the judge.
TRUE FALSE

Back 89

89. False -S.D. Fla. L.R. 5.1.D rule specifically limits courtesy copies

Front 90

90. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 90

90. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 91

91. After the jury has been discharged, counsel are free to interview jurors to determine whether the verdict is subject to legal challenge.
TRUE FALSE

Back 91

91. False -S.D. Fla. L.R. 11.1.E

Front 92

92. Each paper served shall include a certification of service stating:
a) the person or firm served.
b) the method of service.
c) the date of service.
d) all of the above.

Back 92

92. d -S.D. Fla. L.R. 5.2.A

Front 93

93. A motion to amend a pleading should have the proposed amendment attached, reproducing the entire pleading as amended; however, failure to comply with this requirement is not grounds for denial of the motion.
TRUE FALSE

Back 93

93. True -S.D. Fla. L.R. 15.1

Front 94

94. Papers filed with this Court shall be on 8-1/2 x 11 white, opaque paper. It shall be typed or written on one side only with no less than one and one-half spaces between lines, except for quoted material, and be paginated at the bottom of each page. The original shall be two-hole punched at the top center.
TRUE FALSE

Back 94

94. True -S.D. Fla. L.R. 5.1.A.3 and 4

Front 95

95. If a party files an action in which it challenges the constitutionality of an Act of Congress affecting the public interest, and to which the United States or some agency is not a party, counsel representing the party challenging the Act shall forthwith notify in writing the Court of the existence of the constitutional question.
TRUE FALSE

Back 95

95. True -S.D. Fla. L.R. 24.1.A

Front 96

96. If a party files an action in this Court in which it challenges the constitutionality of a statute of the State of Florida, counsel shall comply with the notice provisions of Florida Statutes § 86.091.
TRUE FALSE

Back 96

96. True -S.D. Fla. L.R. 24.1.B

Front 97

97. A continuance of trial will be granted on stipulation of all counsel alone, without a showing of good cause.
TRUE FALSE

Back 97

97. False -S.D. Fla. L.R. 7.6

Front 98

98. Civil actions not at issue which have been pending without any proceedings having been taken for more than _____ months may be dismissed for want of prosecution.
a) one
b) three
c) six
d) twelve

Back 98

98. b -S.D. Fla. L.R. 41.1

Front 99

99. Party A files suit on May 7th but fails to effect service of process on the Defendant. The Court on July 7th may sua sponte dismiss for want of prosecution.
TRUE FALSE

Back 99

99. False -S.D. Fla. L.R. 41.1; Fed.R.Civ.P. 4(m) 3 months haven’t run yet

Front 100

100. Attorneys of record in both civil and criminal cases have an unfettered First Amendment right to provide information and opinions to the media about pending litigation.
TRUE FALSE

Back 100

100. False -S.D. Fla. L.R. 77.2.A

Front 101

101. Which of the following is a true statement (in a criminal case)?
a) More than one warrant or summons may issue on the same complaint.
b) A complaint may be read with an affidavit or affidavits filed with it to establish probable cause.
c) A complaint must establish probable cause without reference to any document which might be attached.
d) (a) and (b)

Back 101

101. d -(Fed.R.Crim.P. 4(a))

Front 102

102. If a Magistrate Judge determines that there is probable cause to issue an arrest warrant, the officer must have the warrant in his presence when arresting the defendant.
TRUE FALSE

Back 102

102. False-(Fed.R.Crim.P. 4(c)(3))

Front 103

103. A warrant may be executed or summons may be served:
a) only in the district in which it is issued.
b) at any place within the United States.
c) within a 100 mile radius of the district in which it is issued.
d) only by a United States marshal.

Back 103

103. b -(Fed.R.Crim.P. 4(c)(1), (2))

Front 104

104. Failure to respond to a summons is grounds for:
a) being held in contempt of court.
b) issuing an arrest warrant.
c) forfeiting any defenses to the offenses charged.
d) none of the above.

Back 104

104. b -(Fed.R.Crim.P. 4(a))

Front 105

105. Once a person is arrested, as a matter of federal procedure, the arrested person:
a) shall be taken without unnecessary delay before a federal Magistrate Judge.
b) must be taken before a Federal District Court.
c) shall be taken to a state or local judicial officer authorized by Rule 5(c) if no
Magistrate Judge is reasonably available.
d) (a) or (c).

Back 105

105. d -(Fed.R.Crim.P. 5(a), (c))

Front 106

106. Which of the following is a true statement?
a) Other than criminal contempt, a felony prosecution must be commenced by indictment.
b) A defense attorney may waive his client’s right to be prosecuted by indictment by filing a notice with the court.
c) A defendant may waive his right to be prosecuted by indictment in open court after being advised of the nature of the charge and of his or her rights.
d) (a) and (c)

Back 106

106. a -(Fed.R.Crim.P. 7(a))

Front 107

107. Two or more defendants may:
a) not be charged in the same indictment or information without violating the defendants’ rights against double jeopardy. b) be charged in the same indictment or information if they are alleged to have participated in the same act or transaction.
c) be charged in the same indictment or information of unrelated offenses.
d) not be charged in the same indictment or information without violating the defendants’ Sixth Amendment rights.

Back 107

107. b -(Fed.R.Crim.P. 8(b))

Front 108

108. A defendant or the government may complain that it is prejudiced by a joinder of offenses or of defendants in an indictment or information.
TRUE FALSE

Back 108

108. True -(Fed.R.Crim.P. 14(a))

Front 109

109. Two or more defendants may be charged in the same indictment or information only if all defendants are charged in each count.
TRUE FALSE

Back 109

109. False -(Fed.R.Crim.P. 8(b))

Front 110

110. If the court grants a motion to dismiss based on a defect in the information or indictment, a defendant must be released from custody or his bond discharged.
TRUE FALSE

Back 110

110. False -(Fed.R.Crim.P. 12(g))

Front 111

111. The court may permit an amendment to:
a) an information before a verdict is returned if the amendment does not charge an additional offense and the defendant’s substantial rights are not prejudiced.
b) an indictment before a verdict is returned if the amendment does not charge an additional offense and the defendant’s substantial rights are not prejudiced.
c) a bill of particulars.
d) (b) and (c).
e) (a) and (c).

Back 111

111. e -(Fed.R.Crim.P. 7(e), (f))

Front 112

112. The court may permit an information to be amended:
a) any time before a verdict is returned.
b) if no additional or different offense is charged.
c) if the substantial rights of the defendant are not prejudiced.
d) only if requirements in (a), (b) and (c) are met.

Back 112

112. d -(Fed.R.Crim.P. 7(e))

Front 113

113. At an initial appearance for a misdemeanor, the court must inform the defendant of:
a) the charge.
b) the maximum sentence.
c) the rights to counsel, silence and trial.
d) all of the above.

Back 113

113. d -(Fed.R.Crim.P. 58(b)(2)

Front 114

114. A defendant is not entitled to a preliminary examination if he has been indicted by a grand jury.
TRUE FALSE

Back 114

114. True -(Fed.R.Crim.P. 5.1(a))

Front 115

115. At a preliminary examination, the defendant may:
a) introduce evidence in his own behalf.
b) cross-examine witnesses against him.
c) object to evidence on the ground that it was acquired by unlawful means.
d) (a) and (b).

Back 115

115. d -(Fed.R.Crim.P. 5.1(e))

Front 116

116. A defendant in a felony case must always be physically present in court for arraignment.
TRUE FALSE

Back 116

116. False -(Fed.R.Crim.P. 43(a), 5(f), 10(b), (c))

Front 117

117. A criminal defendant may challenge the array of a grand jury but may not challenge the qualifications of individual jurors.
TRUE FALSE

Back 117

117. False -(Fed.R.Crim.P. 6(b)(1), (2))

Front 118

118. An arrested person may be tried only by:
a) a United States Magistrate Judge.
b) a United States District Court Judge.
c) a Magistrate Judge if the charge is a felony, upon consent of the defendant
d) a Magistrate Judge if the charge is a petty offense.

Back 118

118. d -(Fed.R.Crim.P. 5(e) and 58(b)(2), Magistrate Judge Rules 1(b)(1),
18 U.S.C. 3401(b))

Front 119

119. Upon motion of the defendant, the court shall always dismiss an indictment if it appears that one or more members of the grand jury were not legally qualified.
TRUE FALSE

Back 119

119. False -(Fed.R.Crim.P. 6(b)(2))

Front 120

120. As prosecutor of the cause, a government attorney is always entitled to disclosure of the grand jury’s deliberations and votes of individual jurors for use in the performance of his duty.
TRUE FALSE

Back 120

120. False -(Fed.R.Crim.P. 6(e)(3)(A)(i))

Front 121

121. A defendant must give notice prior to trial if he intends:
a) to rely upon the defense of insanity.
b) to introduce expert testimony bearing upon the issue of whether he had the mental state required for the offense charged.
c) both (a) and (b)
d) neither (a) or (b)

Back 121

121. c -(Fed.R.Crim.P. 12.2(a), (b))

Front 122

122. Objections to an indictment for failure to charge an offense must be made in a pre-trial motion or may be deemed waived.
TRUE FALSE

Back 122

122. False -(Fed.R.Crim.P. 12(b)(2), (3))

Front 123

123. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 123

123. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 124

124. If a criminal defendant does not comply with the notice of alibi requirements imposed by the rule:
a) the court may exclude the testimony of any undisclosed witness.
b) he may be prevented from testifying in his own behalf.
c) the court may exclude the testimony of all alibi witnesses.
d) none of the above.

Back 124

124. a -(Fed.R.Crim.P. 12.1(e))

Front 125

125. In plea bargaining, the government can agree
a) to dismiss other charges.
b) to make a recommendation as to sentencing.
c) that a specific sentence is appropriate.
d) all of the above.

Back 125

125. d -(Fed.R.Crim.P. 11(c)(1))

Front 126

126. Depositions in a criminal case are guaranteed by the Fifth Amendment and may be taken as a matter of right without permission of the court.
TRUE FALSE

Back 126

126. False -(Fed.R.Crim.P. 15(a)(1))

Front 127

127. Discovery mechanisms available to the criminal defendant include:
a) depositions, even if the defendant does not show exceptional circumstances.
b) disclosure of physical evidence to be used by the government.
c) pre-trial disclosure of statements made by government witnesses, even if the government witness is not the defendant.
d) (b) and (c).

Back 127

127. b -(Fed.R.Crim.P. 15, 16(a)(1), 17(h), 26.2; 18 U.S.C.A. 3500, 3503)

Front 128

128. A subpoena issued by the clerk, prior to trial, can be used to discover statements made by witnesses or prospective witnesses.
TRUE FALSE

Back 128

128. False -(Fed.R.Crim.P. 17(h), 26.2; 18 U.S.C.A. 3500))

Front 129

129. A criminal defendant is not entitled to discover:
a) his recorded testimony before a grand jury which relates to the offense charged.
b) before trial, reports, memoranda and other internal government documents made by government agents in connection with the investigation or prosecution of the case.
c) results or reports of scientific tests or experiments made in connection with a particular case.
d) his own criminal record.

Back 129

129. b -(Fed.R.Crim.P. 16(a)(1)(A), (B), (D), (2); 18 U.S.C.A. 3500)

Front 130

130. Which of the following is a false statement:
a) A plea of nolo contendere is, for purposes of punishment, the same as a plea of guilty.
b) A nolo contendere plea can be withdrawn in some circumstances after the court has accepted it.
c) A nolo contendere plea cannot be used against a defendant as an admission in a subsequent criminal case but may be used in a civil case.
d) A defendant must obtain consent of court to plead nolo contendere.

Back 130

130. c -(Fed.R.Crim.P. 11(b), (e); Fed.R.Evid. 410)

Front 131

131. Which of the following statements is true regarding admissions made by a criminal defendant or his attorney at a pre-trial conference.
a) The admission may never be used against a defendant.
b) The admission may be used if reduced to writing and signed by the defendant’s attorney, but not signed by the defendant.
c) The admission may not be used unless reduced to writing and signed by the defendant and his attorney.
d) The admission may be used only if the government makes an appropriate motion and the court grants its use.

Back 131

131. c -(Fed.R.Crim.P. 17.1)

Front 132

132. A subpoena in a criminal case may be served:
a) only within the district in which it was issued.
b) within 100 miles of the place of trial.
c) any place within the United States.
d) only by a U.S. marshal.

Back 132

132. c -(Fed.R.Crim.P. 17(e)(1))

Front 133

133. When a defendant is arrested, held, or present in a district other than that in which an indictment or information is pending against him, he:
i. may state in writing that he wishes to plead guilty or nolo contendere and waive trial in the district in which the indictment or information is pending.
ii. must be transferred to the district in which an indictment or information is pending against him even for purposes of a guilty plea.
iii. may consent to disposition of the case without trial in the district in which he was arrested, held, or present, subject to the approval of the United States attorney for each district.
a) i and iii above.
b) i and ii above.
c) ii and iii above.
d) all of the above.

Back 133

133. d -(Fed.R.Crim.P. 20(a))

Front 134

134. A juvenile arrested, held, or present in a district other than that in which he is alleged to have committed an act in violation of a law of the United States not punishable by death or life imprisonment:
a) may consent to be proceeded against as a juvenile delinquent in the district in which he is arrested, held, or present.
b) must obtain advice of counsel and approval of the court and the United States attorney for each district before being proceeded against in the district in which he is arrested, held, or present.
c) has a right to be returned to the district in which he is alleged to have committed the act.
d) all of the above.

Back 134

134. d -(Fed.R.Crim.P. 20(d))

Front 135

135. If a criminal defendant moves to have the proceeding transferred to another district and the court is satisfied that there is in the district where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial in that district, the court;
a) must transfer the case to the district specified in defendant’s motion.
b) must transfer the case to another district whether or not such district is specified in the defendant’s motion.
c) may transfer the case upon approval of each United States attorney.
d) none of the above.

Back 135

135. b -(Fed.R.Crim136. a -(Fed.R.Crim.P. 23(a)).P. 21(a))

Front 136

136. A criminal defendant may waive a jury trial:
a) only in writing with the approval of the court and the consent of the government.
b) only if he is being tried for a misdemeanor.
c) in writing without the approval of the court or the consent of the government.
d) orally if before the court with the approval of the court and the consent of the government.

Back 136

136. a -(Fed.R.Crim.P. 23(a))

Front 137

137. The number of persons required on a jury in a criminal trial:
i. is always twelve in federal court.
ii. may be less than twelve if the parties so stipulate in writing before the verdict and no court approval is necessary.
iii. may be less than twelve if the parties stipulate in writing with court approval that a valid verdict may be returned by a jury of less than twelve should the court find it necessary to excuse one or more jurors for any just cause after trial commences.
a) i only.
b) ii only.
c) ii and iii.
d) iii only.

Back 137

137. d -(Fed.R.Crim.P. 23(b))

Front 138

138. The examination of prospective jurors:
i. may be made by the court and the attorneys for the parties.
ii. may be made by the attorneys for the parties upon the court’s permission.
iii. may be made by the court.
a) i and ii.
b) ii and iii.
c) ii only.
d) all of the above.

Back 138

138. d -(Fed.R.Crim.P. 24(a))

Front 139

139. The extra peremptory challenges allowed where alternate jurors are impanelled:
a) may be used against an alternate juror only.
b) may be used against any prospective juror.
c) may only be used by counsel for the defense.
d) may only be used by counsel for the government.

Back 139

139. a -(Fed.R.Crim.P. 24(c))

Front 140

140. Where an issue is raised concerning the law of a foreign country:
a) the party who raises it should give reasonable written notice.
b) the court is not bound by the rules of evidence in determining the foreign law.
c) the court’s determination shall be treated as a ruling on a question of law.
d) all of the above.

Back 140

140. d -(Fed.R.Crim.P. 26.1)

Front 141

141. In a criminal case, when a motion for production of the statement of a witness is made:
a) the court may order the entire statement produced to the moving party.
b) the court may order the entire statement produced to the court.
c) the court may deliver to the moving party the statement with the portions that do not relate to the subject matter of the witness’s testimony excised.
d) all of the above.

Back 141

141. d -(Fed.R.Crim.P. 26.2)

Front 142

142. In a criminal case, the sanction(s) for failure to produce the statement of a witness pursuant to court order is (are):
i. a court order that the testimony of that witness be stricken from the record.
ii. a mistrial if it is the attorney for the government who elects not to comply and a mistrial is in the interest of justice.
iii. a mistrial, if required in the interest of justice, regardless of which side fails to comply.
a) i only.
b) i and ii.
c) i and iii.
d) iii only.

Back 142

142. b -(Fed.R.Crim.P. 26.2(e))

Front 143

143. An official record or an entry therein or the lack of such a record may be proved in the same manner in criminal actions as in civil actions.
TRUE FALSE

Back 143

143. True -(Fed.R.Crim.P. 27)

Front 144

144. If the evidence is insufficient to sustain a conviction of the offense(s) charged after the evidence on either side is closed, the court shall:
a) grant a directed verdict.
b) grant a mistrial.
c) enter a judgment of acquittal.
d) grant a summary judgment for the defendant.

Back 144

144. c -(Fed.R.Crim.P. 29(a))

Front 145

145. If, at the close of the government’s case, the court does not agree that the evidence is insufficient to sustain a conviction, the defendant may not offer evidence unless he has reserved the right to do so.
TRUE FALSE

Back 145

145. False -(Fed.R.Crim.P. 29(a))

Front 146

146. If a motion for judgment of acquittal is made at the close of all of the evidence, the court:
a) must rule on the motion before submitting the case to the jury.
b) may submit the case to the jury and must decide the motion before the jury returns the verdict.
c) may reserve the decision on the motion and decide it after the jury returns a verdict of guilty.
d) must decide the motion before the jury is discharged where a jury is discharged without having returned a verdict.

Back 146

146. c -(Fed.R.Crim.P. 29(b))

Front 147

147. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 147

147. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 148

148. Where a party believes a portion of the instructions to the jury to be erroneous or incomplete, (s)he:
a) must object thereto before the jury retires to consider its verdict.
b) may object out of the hearing of the jury.
c) may object out of the jury’s presence on request of any party.
d) all of the above.

Back 148

148. d -(Fed.R.Crim.P. 30)(d))

Front 149

149. The verdict must be unanimous in a criminal case.
TRUE FALSE

Back 149

149. True -(Fed.R.Crim.P. 31(a))

Front 150

150. Where there are two or more defendants and the jury cannot agree with respect to all defendants:
i. the jury may return a verdict as to a defendant or defendants as to whom it has agreed.
ii. only the defendants as to whom the jury does not agree may be tried again.
iii. the jury is hung and the case must be retried.
a) i and ii.
b) i only.
c) ii only.
d) iii only.

Back 150

150. a -(Fed.R.Crim.P. 31(b)(1))

Front 151

151. Where a jury is polled after the verdict is returned and there is not unanimous concurrence:
a) the jury must be discharged.
b) the jury may be directed to retire for further deliberations.
c) a mistrial must be declared.
d) the alternate jurors must be polled.

Back 151

151. b -(Fed.R.Crim.P. 31(d))

Front 152

152. After imposing a sentence in a case which has gone to trial on a plea of not guilty, the court:
i. shall advise the defendant of his right to appeal.
ii. shall advise the defendant of the option of applying for leave to appeal in forma pauperis.
iii. shall advise the defendant of his option of attacking the sentence pursuant to 28 U.S.C. 2255.
a) i only.
b) ii only.
c) i and ii.
d) i and iii.

Back 152

152. c -(Fed.R.Crim.P. 32(j)(1))

Front 153

153. The probation service of the court shall make a presentence report to the court before the imposition of sentence, unless:
a) defendant waives the presentence report with the permission of the court.
b) the court finds that there is sufficient information in the record to enable the meaningful exercise of sentencing discretion.
c) the court explains in the record that the presentence report is not necessary.
d) (b) and (c) together.

Back 153

153. d -(Fed.R.Crim.P. 32(c)(1)(ii))

Front 154

154. Before sentencing, the defendant or defendant’s counsel may read the contents of the presentence report, but the court may, by local rule or in individual cases, direct that the probation officer’s recommendation not be disclosed to the defendant or defendant’s counsel.
TRUE FALSE

Back 154

154. True -(Fed.R.Crim.P. 32(e)(3))

Front 155

155. If objections are raised to the presentence investigation report:
i. the court shall afford the parties’ attorneys an opportunity to comment on the objections.
ii. the court may allow the parties to introduce evidence on the objections.
iii. the court must rule on every disputed objection.
a) i only
b) i and ii
c) iii
d) all of the above

Back 155

155. b -(Fed.R.Crim.P. 32(c)(1))

Front 156

156. When a probationer is held in custody on the ground that he has violated a condition of his probation, he shall be given:
a) a preliminary hearing to determine if there is probable cause.
b) a revocation hearing if there is probable cause.
c) an opportunity to present evidence on his own behalf.
d) all of the above.

Back 156

156. d -(Fed.R.Crim.P. 32.1(b))

Front 157

157. In a criminal case, a motion for a new trial based on the ground of newly discovered evidence must be made within three years after a verdict or finding of guilty.
TRUE FALSE

Back 157

157. True -(Fed.R.Crim.P. 33(b)(1)

Front 158

158. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 158

158. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 159

159. After judgment in a criminal case, if an indictment or information does not charge an offense or if the court was without jurisdiction of the offense charged, the court:
a) must set aside the judgment and direct a verdict for the defendant.
b) must retry the case.
c) shall arrest judgment on motion of the defendant.
d) may sentence defendant to probation only.

Back 159

159. c -(Fed.R.Crim.P. 34)

Front 160

160. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1,
2009.

Back 160

160. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 161

161. On motion of the Government, the court may reduce a sentence below the statutory minimum
a) within one year of imposition of sentence, to reflect subsequent, substantial assistance in the prosecution of another person.
b) one year or more after imposition of sentence, if the defendant’s substantial assistance involves information unknown to the defendant until one year or more after imposition.
c) both (a) and (b).
d) neither (a) nor (b).

Back 161

161. c -(Fed.R.Crim.P. 35(b))

Front 162

162. Habeas corpus relief pursuant to 28 U.S.C. 2255 may be sought by:
a) a person in custody pursuant to a judgment of a state court.
b) a person in custody awaiting trial in a federal court.
c) a person in custody pursuant to a judgment of any federal court.
d) all of the above.

Back 162

162. c -(28 U.S.C.A. 2255)

Front 163

163. A motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. 2255 is appropriate where:
a) a judgment was imposed in violation of the Constitution or laws of the United States.
b) the court had no jurisdiction.
c) the sentence imposed was in excess of the maximum authorized by law.
d) all of the above.

Back 163

163. d -(28 U.S.C.A. 2255)

Front 164

164. If an appeal is taken from the conviction or sentence, the court:
i. shall stay a sentence of death.
ii. may stay a fine.
iii. may stay an order placing defendant on probation.
a) i, ii, and iii
b) i, and ii.
c) i and iii.
d) i only.

Back 164

164. a -(Fed.R.Crim.P. 38(a), (c), (d))

Front 165

165. The Federal Rules of Criminal Procedure do not apply in proceedings for the civil forfeiture of property when the forfeiture is for violation of a statute of the United States.
TRUE FALSE

Back 165

165. True -(Fed.R.Crim.P. Rule 1(a)(5))

Front 166

166. The Federal Rules of Criminal Procedure apply to criminal cases removed to U.S. District Courts from state courts, except that dismissal by the attorney for the prosecution shall be governed by state law.
TRUE FALSE

Back 166

166. True -(Fed.R.Crim.P. Rule 1(a)(4))

Front 167

167. The taking of photographs in the courtroom during the progress of judicial proceedings is permitted with the consent of the defendant.
TRUE FALSE

Back 167

167. False -(Fed.R.Crim.P. 53)

Front 168

168. In criminal cases, errors committed by the trial court are always waived for purposes of appeal if no timely objection is made to them.
TRUE FALSE

Back 168

168. False -(Fed.R.Crim.P. 52(b))

Front 169

169. A party’s failure to take exception to a ruling of the court does not waive the objection for purposes of appeal provided the party had made known to the court the action the party desires or the party’s objection and grounds to the court’s action.
TRUE FALSE

Back 169

169. True -(Fed.R.Crim.P. 51)

Front 170

170. Calendaring preferences shall be given to criminal proceedings as far as practicable.
TRUE FALSE

Back 170

170. True -(Fed.R.Crim.P. 50)

Front 171

171. Leave of court is required for voluntary dismissal of an indictment but not an information.
TRUE FALSE

Back 171

171. False -(Fed.R.Crim.P. 48(a))

Front 172

172. During the trial of a criminal case, voluntary dismissal is permitted without the consent of the defendant.
TRUE FALSE

Back 172

172. False -(Fed.R.Crim.P. 48(a))

Front 173

173. If there is a breach of a condition of bond, the district court shall declare a forfeiture of bail.
TRUE FALSE

Back 173

173. True -(Fed.R.Crim.P. 46(f)(1))

Front 174

174. The court may set aside a bail forfeiture only if the surety, or bail bondsman, brings the defendant before the court.
TRUE FALSE

Back 174

174. False -(Fed.R.Crim.P. 46(f)(2)(A) & (B))

Front 175

175. At any time prior to the forfeiture of bail, a surety, or bail bondsman, may obtain exoneration of his obligation by surrendering the defendant into custody.
TRUE FALSE

Back 175

175. True -(Fed.R.Crim.P. 46(g))

Front 176

176. Enlargement of the time in which any motion or response is to be made under the Federal
Rules of Criminal Procedure may be ordered at any time in the court’s discretion.
TRUE FALSE

Back 176

176. False -(Fed.R.Crim.P. 45(b))

Front 177

177. In a criminal case in which two or more defendants are represented by one attorney, unless the court finds good cause to believe that no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect each defendants right to counsel.
TRUE FALSE

Back 177

177. True -(Fed.R.Crim.P. 44(c)(2))

Front 178

178. An indigent defendant may waive the appointment of counsel.
TRUE FALSE

Back 178

178. True -(Fed.R.Crim.P. 44(a))

Front 179

179. In a felony case, the presence of the defendant at arraignment may be waived by the non organization defendant.
TRUE FALSE

Back 179

179. False -(Fed.R.Crim.P. 43(a)(1))

Front 180

180. In prosecutions for offenses punishable by fine or imprisonment for not more than one year or both, the defendant may waive the requirement of his presence at trial.
TRUE FALSE

Back 180

180. True -(Fed.R.Crim.P. 43(b)(2))

Front 181

181. Trial of a criminal felony case may not proceed in the absence of the defendant, except under narrowly defined circumstances.
TRUE FALSE

Back 181

181. True -(Fed.R.Crim.P. 43(b))

Front 182

182. In a criminal case, a corporation must appear through a corporate officer.
TRUE FALSE

Back 182

182. False -(Fed.R.Crim.P. 43(b)(1))

Front 183

183. The presence of a defendant is not required for misdemeanor proceedings if the court, upon written request of the defendant, permits the defendant’s absence.
TRUE FALSE

Back 183

183. True -(Fed.R.Crim.P. 43(b)(2))

Front 184

184. In criminal contempt proceeding, the defendant always has the right to a jury trial.
TRUE FALSE

Back 184

184. False -(Fed.R.Crim.P. 42(a)(3))

Front 185

185. When a criminal contempt allegedly occurred in the presence of the court, the judge who observed the conduct is prohibited from presiding over the criminal contempt.
TRUE FALSE

Back 185

185. False -(Fed.R.Crim.P. 42(a)(3))

Front 186

186. A warrant may not issue to seize property that is not contraband but is merely evidence of a crime.
TRUE FALSE

Back 186

186. False -(Fed.R.Crim.P. 41(c)(1))

Front 187

187. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 187

187. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 188

188. Warrants are returnable to a federal Magistrate Judge.
TRUE FALSE

Back 188

188. True -(Fed.R.Crim.P. 41(f)(4))

Front 189

189. A search warrant authorized by the Federal Rules of Criminal Procedure may be issued by a judge of a state court of record within the federal district where the property is located.
TRUE FALSE

Back 189

189. True -(Fed.R.Crim.P. 41(b)(1))

Front 190

190. A warrant may not be served in the nighttime unless expressly authorized by the issuing judge, upon a showing of reasonable cause.
TRUE FALSE

Back 190

190. True -(Fed.R.Crim.P. 41(e)(2)(B))

Front 191

191. A written affidavit must be submitted to the Magistrate Judge before a search warrant may issue.
TRUE FALSE

Back 191

191. False -(Fed.R.Crim.P. 41(d)(2)(B) & (C) and 41(d)(3))

Front 192

192. The officer taking property under a warrant shall provide an inventory of the seized property to the owner of the searched premises within 48 hours after a written request is made for such inventory.
TRUE FALSE

Back 192

192. False -(Fed.R.Crim.P. 41(f)(4))

Front 193

193. A motion for the return of seized property must be made in the district court for the district in which the property was seized despite the fact that the property has been removed to another district.
TRUE FALSE

Back 193

193. True -(Fed.R.Crim.P. 41(g))

Front 194

194. The Federal Rules of Criminal Procedure apply to extradition and rendition of fugitives.
TRUE FALSE

Back 194

194. False -(Fed.R.Crim.P. Rule (1)(5)(A))

Front 195

195. A criminal defendant may be removed from the trial of his case for persistently disruptive conduct, without warning by the court.
TRUE FALSE

Back 195

195. False -(Fed.R.Crim.P. 43(c)(1)(C))

Front 196

196. In a habeas corpus proceeding, discovery is permitted only by leave of the court for good cause shown.
TRUE FALSE

Back 196

196. True -(Rules Governing Proceedings Under 28 U.S.C.A. 2254, 2255, Rule 6(a))

Front 197

197. The district court may direct the U.S. Magistrate Judge to preside over evidentiary hearings in habeas corpus proceedings.
TRUE FALSE

Back 197

197. True -(28 U.S.C.A. 636(b); Local Magistrate Rules 1E, 2; Rules Governing Proceedings under 28 U.S.C.A. 2254, 2255, Rule 8(b))

Front 198

198. In a habeas corpus proceeding, an evidentiary hearing shall be conducted unless the court finds, by reviewing the petition, a hearing is not necessary.
TRUE FALSE

Back 198

198. True -(Rules Governing Proceedings under 28 U.S.C.A. 2254, 2255, Rule 8(a))

Front 199

199. The district court in a 2255 habeas corpus proceeding may apply either the rules of criminal procedure or the rules of civil procedure, whichever the court deems most appropriate, if no procedure is specifically prescribed by the Rules Governing Proceedings under 28 U.S.C.A. §2255.
TRUE FALSE

Back 199

199. True -(Rules Governing Proceedings under 28 U.S.C.A. 2255, Rule 12)

Front 200

200. An issue presented in a §2254 habeas corpus petition shall not be reviewed unless remedies available in the courts of the state have been exhausted or there is an absence of an available state corrective process or the state court process can not effectively protect the rights of the appellant.
TRUE FALSE

Back 200

200. True -(28 U.S.C.A. 2254(b)(1)(B)(i) and (ii))

Front 201

201. The Federal Rules of Civil Procedure are similar to the Florida Rules of Civil Procedure in that both require a party filing a cause of action to set forth “ultimate facts” showing that the party is entitled to relief.
TRUE FALSE

Back 201

201. False -(Conley v. Gibson, 355 U.S. 41, 47 (1957); Hiatt v. Schreibber, 599 F. Supp. 1142 (D.C. Colo. 1984); Neizel v. Williams, 543 F. Supp. 899 (D.C. Fla. 1982); Fed.R.Civ.P. 8(a)(2), Fla.R.Civ.P. 1.110(b)(2))

Front 202

202. A party who intends to raise an issue concerning the law of a foreign country must give notice of this by a sworn affidavit submitted within a reasonable time before the issue is expected to arrive.
TRUE FALSE

Back 202

202. False -(Rule 44.1)

Front 203

203. The number of peremptory challenges in a diversity case follows the state practice.
TRUE FALSE

Back 203

203. False -(Rule 47)

Front 204

204. In Federal Court a commercial process server must always have leave of the Court by way of a special appointment before he can effectively service a summons and complaint.
TRUE FALSE

Back 204

204. False -(Fed.R.Civ.P. 4(c)(2))

Front 205

205. Under the Federal Rules of Civil Procedure misjoinder of parties is a ground for dismissal of an action.
TRUE FALSE

Back 205

205. False -(Fed.R.Civ.P. 21)

Front 206

206. As with all civil actions, a class action may be dismissed by the parties as part of a settlement agreement without court approval.
TRUE FALSE

Back 206

206. False -(Fed.R.Civ.P. 23(e))

Front 207

207. Under the Federal Rules of Civil Procedure an action is not deemed commenced until service of process has been effected on all parties named as defendants.
TRUE FALSE

Back 207

207. False -(Fed.R.Civ.P. 3)

Front 208

208. The statute of limitations is an affirmative defense which must be plead and proved by the defendant -- otherwise it is waived.
TRUE FALSE

Back 208

208. True -(Doubleday & Co. v. Curtis, 763 F.2d 495, 503 (2d Cir. 1985); Fed.R.Civ.P. 8(c))

Front 209

209. Under the Federal Rules of Civil Procedure, the clerk of the Court is required to issue a summons, submitted in proper form, automatically when the complaint is filed.
TRUE FALSE

Back 209

209. True -(Fed.R.Civ.P. 4(b))

Front 210

210. Under the Federal Rules of Civil Procedure, a party may set forth as many separate claims as he has regardless of whether they are consistent with each other.
TRUE FALSE

Back 210

210. True -(Fed.R.Civ.P. 8(e)(2))

Front 211

211. In a contract action based upon a written contract, the plaintiff must attach a copy of the document to the complaint.
TRUE FALSE

Back 211

211. False -(Fed.R.Civ.P. 8(a), 9(c), 10(c))

Front 212

212. In a civil action, malice and intent need not be pled with particularity unless a statute specifies otherwise.
TRUE FALSE

Back 212

212. True -(Fed.R.Civ.P. 9(b))

Front 213

213. If a civil action is dismissed for lack of jurisdiction, improper venue or failure to join a party under the compulsory joinder of parties rule, it does not operate as an adjudication on the merits.
TRUE FALSE

Back 213

213. True -(Fed.R.Civ.P. 41(b))

Front 214

214. If a civil action is dismissed for lack of prosecution and the Court does not specify that the dismissal is without prejudice, the dismissal constitutes an adjudication on the merits.
TRUE FALSE

Back 214

214. True -(Fed.R.Civ.P. 41(b))

Front 215

215. A motion for summary judgment by the plaintiff may be filed contemporaneously with the complaint.
TRUE FALSE

Back 215

215. False -(Fed.R.Civ.P. 56(a))

Front 216

216. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 216

216. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 217

217. In computing the time allowed to do a certain act under the Federal Rules of Civil Procedure, the day from which the designated period of time begins to run is included.
TRUE FALSE

Back 217

217. False -(Fed.R.Civ.P. 6(a))

Front 218

218. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 218

218. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 219

219. Where a party fails to deny averments as to damages in the responsive pleading, such averments are deemed admitted.
TRUE FALSE

Back 219

219. False -(Fed.R.Civ.P. 8(d))

Front 220

220. Inconsistent defenses are permitted only upon leave of the Court.
TRUE FALSE

Back 220

220. False -(Fed.R.Civ.P. 8(e)(2))

Front 221

221. Cross-claims are always permissive and never compulsory.
TRUE FALSE

Back 221

221. True -(Dunn v. Sears, Roebuck & Co., 645 F.2d 511, 512 n.1 (5th Cir. 1981); Fed.R.Civ.P. 13(g))

Front 222

222. Under the Federal Rules of Civil Procedure, a reply must be filed if a plaintiff wishes to deny or avoid affirmative defenses raised in an answer to the complaint.
TRUE FALSE

Back 222

222. False -(Fed.R.Civ.P. 7(a), 8(d))

Front 223

223. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion.
TRUE FALSE

Back 223

223. True -(Fed.R.Civ.P. 10(c))

Front 224

224. A motion for a judgment on the pleadings attacking the complaint may properly be filed before an answer to the complaint has been served.
TRUE FALSE

Back 224

224. False -(Fed.R.Civ.P. 12(c))

Front 225

225. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 225

225. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 226

226. Under the Federal Rules of Civil Procedure, intervention is always within the sound discretion of the Court and does not exist as a matter of right.
TRUE FALSE

Back 226

226. False -(Fed.R.Civ.P. 24(a))

Front 227

227. A party is under a duty to supplement responses with respect to discovery questions directly addressed to the identity and location of persons having knowledge of discoverable matters.
TRUE FALSE

Back 227

227. True -(Fed.R.Civ.P. 26(e)(1)(A))

Front 228

228. A party who has responded to a request for discovery which was complete when made is under no duty to amend the response, unless the party learns that the response is in some material respect incomplete or incorrect, and the additional or corrective information has not otherwise been made known to the other parties.
TRUE FALSE

Back 228

228. True -(Fed.R.Civ.P. 26(e))

Front 229

229. Unless the court orders otherwise, the parties may, by written stipulation, modify the discovery procedures of the Federal Rules of Civil Procedure, except that stipulations regarding extensions of time for responses to Rule 33, 34 or 36 discovery, if the extension would interfere with a discovery deadline, hearing or trial, must be approved by the court.
TRUE FALSE

Back 229

229. True -(Fed.R.Civ.P. 29)

Front 230

230. In a civil trial, any deposition may be used by any party for the purposes of contradicting or impeaching the testimony of the deponent as a witness.
TRUE FALSE

Back 230

230. True -(Fed.R.Civ.P. 32(a)(1))

Front 231

231. As an officer of the court, an attorney may issue and sign a subpoena on behalf of a court in which the attorney is authorized to practice.
TRUE FALSE

Back 231

231. True -(Fed.R.Civ.P. 45(a)(3))

Front 232

232. A party may, as a matter of right, take as many voluntary dismissals without prejudice as she chooses so long as the notice of dismissal is filed before the adverse party files an answer or moves for summary judgment.
TRUE FALSE

Back 232

232. False -(Fed.R.Civ.P. 41(a))

Front 233

233. On a motion to dismiss for failure to state a claim upon which relief can be granted, or on a motion for judgment on the pleadings, the court generally does not consider matters outside the pleadings. If it does, the motion shall be treated as one for summary judgment and disposed of as provided in Fed.R.Civ.P. 56.
TRUE FALSE

Back 233

233. True -(Fed.R.Civ.P. 12(b),(c))

Front 234

234. In response to the plaintiff’s complaint, the defendant files a motion to dismiss without filing an answer. The plaintiff has an absolute right to meet the challenges raised in the motion by means of an amendment to the complaint.
TRUE FALSE

Back 234

234. True -(Fed.R.Civ.P. 15(a))

Front 235

235. A plaintiff may join a third party as a third party defendant if a counterclaim has been filed against the plaintiff.
TRUE FALSE

Back 235

235. True -(Fed.R.Civ.P. 14(a),(b))

Front 236

236. If an “indispensable party” is not and cannot be joined, the court must dismiss the action.
TRUE FALSE

Back 236

236. True -(Fed.R.Civ.P. 19(b))

Front 237

237. The application of the res judicata doctrine may be waived by a failure to raise it at the appropriate stage of the proceedings.
TRUE FALSE

Back 237

237. True -(Doubleday & Co. v. Curtis, 763 F.2d 495, 503 (2d Cir. 1985); Fed.R.Civ.P. 8(c))

Front 238

238. Generally, a consent judgment has the same res judicata force and effect as a judgment after a trial on the merits.
TRUE FALSE

Back 238

238. True -(United States v. Southern Ute Tribe or Band of Indians, 91 S. Ct. 1336 (1971); American Equip. Corp. v. Wikomi Man. Co., 630 F.2d 544, 546 (7th Cir. 1980); Burlington Data Processing v. Automated Med. Sys., 492 F. Supp. 821, 822 (D. Vt. 1980))

Front 239

239. It is the duty of the Clerk of the Court to enter defaults, though the Court may enter a default as well.
TRUE FALSE

Back 239

239. True -(Fed.R.Civ.P. 55(a))

Front 240

240. The Clerk of the Court never has jurisdiction to enter a default judgment without prior approval from the Court.
TRUE FALSE

Back 240

240. False -(Fed.R.Civ.P. 55(b)(1))

Front 241

241. A verdict may be set aside as to one party and a new trial ordered, while the verdict is allowed to stand as to a co-party.
TRUE FALSE

Back 241

241. True -(Fed.R.Civ.P. 59(a))

Front 242

242. A trial court is without jurisdiction to vacate a judgment on the basis of fraud in the procurement six months after the judgment was rendered.
TRUE FALSE

Back 242

242. False -(Fed.R.Civ.P. 60(b)(3))

Front 243

243. Upon the court’s discretion, it is permissible to vacate a default upon a showing of good cause.
TRUE FALSE

Back 243

243. True -(Fed.R.Civ.P. 55(c))

Front 244

244. A party may take an interlocutory appeal as of right following an adverse ruling on a motion for a protective order where the ground asserted for the protective order is the attorney-client privilege.
TRUE FALSE

Back 244

244. False -(28 U.S.C.A. 1292(a))

Front 245

245. The right to a trial by jury in a civil action may never be waived.
TRUE FALSE

Back 245

245. False -(Fed.R.Civ.P. 38(d))

Front 246

246. The Federal Rules of Civil Procedure do not create a right to trial by jury for issues in
admiralty or maritime claims.
TRUE FALSE

Back 246

246. True -(Fed.R.Civ.P. 38(e))

Front 247

247. A subpoena requiring a non-party witness to appear for a deposition may only be issued by the clerk of the district where the action is filed.
TRUE FALSE

Back 247

247. False -(Fed.R.Civ.P. 30(a), 45(d))

Front 248

248. Oral depositions, as a discovery device to perpetuate testimony, may be used even before an action has been filed.
TRUE FALSE

Back 248

248. True -(Fed.R.Civ.P. 27(a))

Front 249

249. Under the Federal Rules of Civil Procedure, requests for admissions may be served upon non-party witnesses.
TRUE FALSE

Back 249

249. False -(Fed.R.Civ.P. 36(a))

Front 250

250. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 250

250. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 251

251. Absent stipulation of the parties, judicial approval of the discovery process in a federal court civil action is:
a) required for a physical or mental examination.
b) required for the taking of a deposition upon written questions, even if the deponent is not confined in prison.
c) an integral part of the production of documents.
d) all of the above.
e) none of the above.

Back 251

251. a -(Fed.R.Civ.P. 31(a), 34(b), 35(a))

Front 252

252. Intervention as of right under Fed.R.Civ.P. 24(a) is available if:
a) a statute of the United States confers an unconditional right to intervene.
b) the intervenor serves a motion to intervene upon the parties as provided in Rule 5 of the Federal Rules of Civil Procedure.
c) the intervenor’s interest is adequately represented by existing parties
d) all of the above.
e) (a) and (b) above.

Back 252

252. a -(Fed.R.Civ.P. 24(a))

Front 253

253. Depositions on written questions under Fed.R.Civ.P. 31 are:
a) sent to the officer who is to take the deposition.
b) available as to non-parties.
c) both (a) and (b).
d) neither (a) nor (b).

Back 253

253. c -(Fed.R.Civ.P. 31)

Front 254

254. Cross-claims in a federal court action:
a) may be permissive or compulsory.
b) are asserted against one not a party to the original action.
c) are always tried with the claims asserted in the original action.
d) are technically called counterclaims.
e) none of the above.

Back 254

254. e -(Dunn v. Sears, Roebuck & Co., 645 F.2d 511, 512 n.1 (5th Cir. 1981); Fed.R.Civ.P.
13(g), 42(b))

Front 255

255. A pleading in a federal court action:
a) may be assisted by judicial notice.
b) if unanswered, may result in the entry of a default judgment.
c) must be made in numbered paragraphs.
d) all of the above.
e) none of the above.

Back 255

255. d -(Fed.R.Civ.P. 10(b), 55; Fed.R.Evid. 201(f))

Front 256

256. The failure to file a reply to any affirmative allegations contained in the answer:
a) is deemed an admission of those allegations.
b) subjects the plaintiff to a dismissal for want of prosecution.
c) renders judgment on the pleading for the defendant appropriate.
d) is irrelevant since the allegations in the answer are taken as denied or avoided in any event without the filing of the reply.

Back 256

256. d -(Fed.R.Civ.P. 7(a), 8(d))

Front 257

257. After the court sustains a defendant’s motion to dismiss for failure to state a claim upon which relief may be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure, the plaintiff may under the rules:
a) amend the Complaint if an answer has not been filed.
b) elect to stand on the pleadings and be finally dismissed.
c) appeal when the dismissal becomes effective.
d) all of the above.
e) none of the above.

Back 257

257. d -(Fed.R.Civ.P. 15(a); 28 U.S.C.A. 1291)

Front 258

258. The defense of lack of jurisdiction over the subject matter can be raised:
a) in the pleadings.
b) by motion to dismiss.
c) at the pretrial conference.
d) at trial.
e) all of the above.

Back 258

258. e -(Fed.R.Civ.P. 12(h)(3))

Front 259

259. A motion for summary judgment tests:
a) only the legal sufficiency of the Complaint.
b) whether there are any issues of material fact between the parties and, if not, whether the moving party is entitled to judgment as a matter of law.
c) only the legal sufficiency of the Answer.
d) whether the plaintiff or defendant is entitled to judgment on the pleadings without reference to supporting affidavits or other supporting proof.
e) none of the above.

Back 259

259. b -(Fed.R.Civ.P. 56(c); S.D. Fla. LR. 7.5)

Front 260

260. Required disclosure precedes the use of other discovery methods, i.e., depositions, interrogatories, request for admission, etc.
TRUE FALSE

Back 260

260. True -(Fed.R.Civ.P. 26(a))

Front 261

261. In order to secure relevant documents in the possession of a non-party witness under the civil discovery rules, a party should:
a) file a request for production of documents under Rule 34 of the Federal Rules of Civil Procedure.
b) serve upon his attorney a notice of deposition under Rule 30 of the Federal Rules of Civil Procedure and attach thereto a request for production of documents under
Rule 34.
c) stipulate with the adverse party that the non-party witness should be required to produce the documents.
d) send a letter to the witness requesting the documents for use in the pending litigation and move to hold the witness in contempt under the provisions of Rule 37(b) of the Federal Rules of Civil Procedure if he or she fails to comply.
e) notice the witness’ deposition under Rule 30 of the Federal Rules of Civil
Procedure and serve him or her with a subpoena for deposition and attached subpoena duces tecum.

Back 261

261. e -(Fed.R.Civ.P. 30(a), 45(b))

Front 262

262. The burden of proof concerning jurisdictional facts, such as diversity or jurisdictional amount, when these are challenged, falls on:
a) the plaintiff in all cases.
b) the defendant in all cases.
c) the defendant in a removed action; the plaintiff in an original action.
d) the plaintiff in a removed action; the defendant in an original action.
e) either party as designated by the court.

Back 262

262. c -(McNutt v. General Motors Acceptance Corp., 56 S. Ct. 780 (1935); C. Wright, Law of Federal Courts, 7, 22-23 (4th ed. 1983))

Front 263

263. In a civil action, a party who has filed a timely demand for jury trial may withdraw the demand by:
a) written stipulation signed by all parties or their attorneys of record or oral stipulation made in open court and entered on the record.
b) filing a written waiver of jury trial.
c) orally waiving jury trial at the pretrial conference.
d) none of the above.

Back 263

263. a -(Fed.R.Civ.P. 38(d), 39(a))

Front 264

264. A civil action cannot be dismissed on the ground that it was not brought by the real party in interest until the real party in interest has reasonable time to ratify the commencement of the action, to join in or be substituted as the named party.
TRUE FALSE

Back 264

264. True -(Fed.R.Civ.P. 17(a))

Front 265

265. An attorney who signs and files a motion knowing that there are no good grounds for it but that it will help delay the case, may be subject to the appropriate disciplinary action.
TRUE FALSE

Back 265

265. True -(Fed.R.Civ.P. 11)

Front 266

266. If an answer in a federal case contains affirmative allegations of fact:
a) the plaintiff must deny them in a responsive pleading or they are deemed admitted.
b) the plaintiff can properly file a motion to strike since the Federal Rules of Civil Procedure prevent the defendant from including new allegations of fact in an answer.
c) the allegations are deemed denied and the plaintiff need do nothing further with respect to the allegations at the pleading stage of the litigation.
d) the answer must be verified by the defendant.
e) none of the above.

Back 266

266. c -(Fed.R.Civ.P. 7(a), 8(d), 12(f))

Front 267

267. Unless otherwise stated in the notice of dismissal or stipulation, a voluntary dismissal is presumed:
a) res judicata with respect to any later suit arising from the same cause of action.
b) collateral estoppel in any later suit with respect to any common issue of fact or law.
c) without prejudice to the subsequent refiling of the same suit, providing no prior dismissal of any action based on or including the same claim.
d) with prejudice to the subsequent refiling of the same suit.
e) to be by stipulation of the parties.

Back 267

267. c -(Fed.R.Civ.P. 41(a)(1))

Front 268

268. A dismissal may be ordered:
a) for failure to state a claim upon which relief can be granted.
b) for failure to join an indispensable party.
c) for improper venue.
d) for failure of the plaintiff to prosecute or comply with the procedural rules or any order of court.
e) all of the above.

Back 268

268. e -(Fed.R.Civ.P. 12(b), 41(b))

Front 269

269. Generally, failure to make the following objections at a deposition does not result in waiver of such objections at trial if the deposition is used at trial:
a) objections to form of a question or answer.
b) objections to relevancy of testimony.
c) objection to errors in the manner in which the deposition is transcribed.
d) objection to the irregularities in the notice of taking a deposition.
e) all of the above.

Back 269

269. b -(Fed.R.Civ.P. 32(d)(3))

Front 270

270. A party who receives a request for admission from an opponent may:
a) move to dismiss the request under the provisions of Rule 12(b) based on either lack of jurisdiction over the person or failure to state a claim upon which relief can be granted.
b) ignore the request until such time as the court orders to be filed an answer thereto.
c) orally deny the statements contained therein when his deposition is taken.
d) file timely specific objections to any request which is outside the scope of discovery.
e) generally deny all statements contained in the request.

Back 270

270. d -(Fed.R.Civ.P. 36(a))

Front 271

271. An amendment to a pleading is deemed to relate back to the date of the original pleading whenever:
a) the amended pleading arose out of the conduct, transaction, or occurrence set
forth in the original pleading.
b) the event alleged in the amended pleading occurred after the filing of the original pleading.
c) the United States is the party amending the pleading.
d) doing so will not unduly prejudice the opposing party.
e) none of the above.

Back 271

271. a -(Fed.R.Civ.P. 15(c))

Front 272

272. A defendant may implead a third party when:
a) the cause of action on which the impleader rests arises out of the same transaction or occurrence on which the plaintiff’s claim against the defendant is based.
b) the cause of action on which the impleader rests does not arise out of the transaction or occurrence that is the subject matter of the opposing party’s claim.
c) the third-party defendant is or may be liable to the defendant for all or a part of the plaintiff’s claim against the defendant.
d) two parties assert claims which are such that the defendant is or may be exposed to double or multiple liability.

Back 272

272. c -(Fed.R.Civ.P. 14(a))

Front 273

273. The pre-verdict device which is utilized to attack the sufficiency of the case the plaintiff presents at trial is:
a) a motion for summary judgment.
b) a demurrer.
c) a motion for judgment as a matter of law.
d) a motion for judgment notwithstanding the verdict (“Judgment N.O.V.”).
e) a motion to strike.

Back 273

273. c -(Fed.R.Civ.P. 50(a))

Front 274

274. Rule 18 of the Federal Rules of Civil Procedure permits a party to join as many claims whether legal, equitable or maritime as he or she has against an opposing party.
TRUE FALSE

Back 274

274. True -(Fed.R.Civ.P. 18(a))

Front 275

275. Under the Federal Rules of Civil Procedure, a defendant who, upon receiving the complaint, believes he or she has the defenses of lack of jurisdiction over the person, lack of subject matter jurisdiction, improper venue and failure to state a claim upon which relief can be granted:
a) should join all of these defenses in a motion to dismiss filed before the Answer.
b) should join all of these defenses in a timely special appearance.
c) can only raise all of these defenses as affirmative defenses in the Answer.
d) should raise only the defense of lack of jurisdiction over the person and lack of subject matter jurisdiction in a timely special appearance.
e) should raise the defense of lack of jurisdiction over the person in a special appearance filed simultaneously with the Answer or any motion made with respect to the other defenses.

Back 275

275. a -(Fed.R.Civ.P. 12(b),(g),(h))

Front 276

276. The following device(s) may be utilized by the plaintiff to test the legal sufficiency of an affirmative defense set forth in the answer:
a) motion for Judgment on the Pleadings.
b) motion for Summary Judgment.
c) motion to Strike.
d) all of the above.
e) none of the above.

Back 276

276. d -(Fed.R.Civ.P. 12(c),(f), 56)

Front 277

277. A party filing a complaint in a federal court:
a) consents to personal jurisdiction in that court for purposes of any counterclaims.
b) waives any objections to the subject matter jurisdiction of the court.
c) waives the right to commence or participate simultaneously in any state proceeding arising out of the same events or affecting the same subject matter.
d) all of the above.
e) none of the above.

Back 277

277. a -Volvo North America Corp. v. Men’s Int’l Prof. Tennis Council, 839 F.2d 69, 72 (2d Cir. 1988)

Front 278

278. The defendant’s failure to appear in a civil action after proper service of process will generally result in:
a) the issuance of a bench warrant for the defendant’s arrest.
b) the defendants being held in contempt of court.
c) a stay of the proceedings until the defendant chooses to appear.
d) a default judgment.
e) none of the above.

Back 278

278. d -(Fed.R.Civ.P. 55)

Front 279

279. Under Rule 13(b) of the Federal Rules of Civil Procedure, a pleading may state as a permissive counterclaim any claim against an opposing party which:
a) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim.
b) does not arise out of the transaction or occurrence that is the subject matter of the opposing party’s claim, but which meets the subject matter jurisdiction of the court.
c) he has against the opposing party.
d) none of the above.

Back 279

279. b -(Fed.R.Civ.P. 13(b)

Front 280

280. A motion for a more definite statement should be granted when:
a) the complaint is so indefinite as to require greater specificity to permit the defendant to prepare for trial.
b) a bill of particulars would have been granted at common law.
c) the defendant claims to need greater specificity to frame a responsive pleading or prepare for trial.
d) the complaint is insufficient as a matter of law.
e) the complaint is so indefinite that the defendant cannot reasonably frame an answer.

Back 280

280. e -(Fed.R.Civ.P. 12(e))

Front 281

281. The failure of a defendant to deny in his answer an allegation of fact in the complaint:
a) admits the allegation, unless the allegation relates to the amount of damages.
b) is construed as a denial of the allegation.
c) imposes on the defendant the obligation to pay plaintiff’s costs and attorney’s fees.
d) usually renders it appropriate for the Court to award summary judgment to the plaintiff.
e) none of the above.

Back 281

281. a -(Fed.R.Civ.P. 8(d))

Front 282

282. Findings of fact and conclusions of law are necessary when:
a) the court grants an interlocutory injunction.
b) the court denies an interlocutory injunction.
c) both (a) and (b).
d) none of the above.

Back 282

282. c -(Fed.R.Civ.P. 52(a))

Front 283

283. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 283

283. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 284

284. The use of a deposition in federal court proceedings is governed by the Federal Rules of Civil Procedure as well as the Federal Rules of Evidence.
TRUE FALSE

Back 284

284. True -(Fed.R.Civ.P. 32; Fed.R.Evid. 613, 804(b)(1))

Front 285

285. A plaintiff’s right to take a voluntary dismissal, without leave of court, is defeated by:
a) an answer.
b) a motion for summary judgment.
c) a motion to dismiss.
d) both (a) and (b).

Back 285

285. d -(Fed.R.Civ.P. 41(a)(1))

Front 286

286. A deposition recorded by other than stenographic means may be taken:
a) only with leave of court.
b) without leave of court, even when the parties do not consent.
c) without leave of court when all parties consent.
d) both (b) and (c).

Back 286

286. b -(Fed.R.Civ.P. 30(b)(2)(4))

Front 287

287. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Back 287

287. Question under review for updating in light of amendments to the Federal Rules and interim time calculations under Administrative Order 2009-51 effective December 1, 2009.

Front 288

288. An answer by a party to a request for admission cannot be used against him in another proceeding.
TRUE FALSE

Back 288

288. True -(Fed.R.Civ.P. 36(b))

Front 289

289. Replevin is a state remedy which is not available in the federal courts.
TRUE FALSE

Back 289

289. False -(Fed.R.Civ.P. 64)

Front 290

290. The plaintiff may serve interrogatories on the defendant with the service of the summons and complaint.
TRUE FALSE

Back 290

290. True -(Fed.R.Civ.P. 33(a); S.D. Fla. L.R. 26.1)

Front 291

291. In determining foreign law, the court may consider testimony, and its determination shall be considered as a ruling on a question of law.
TRUE FALSE

Back 291

291. True -(Fed.R.Civ.P. 44.1)

Front 292

292. If a plaintiff amends a complaint to assert new or additional claims for relief, the plaintiff must serve the amended complaint in the same manner as the original complaint if the defendant has been in default.
TRUE FALSE

Back 292

292. True -(Varnes v. Local 91, Glass Bottle Blowers Ass’n, 674 F.2d 1365 (11th Cir. 1982); Fed.R.Civ.P. 5(a))

Front 293

293. The defense of lack of personal jurisdiction is never waived.
TRUE FALSE

Back 293

293. False -(Fed.R.Civ.P. 12(h)(1))

Front 294

294. The Federal Rules of Civil Procedure permit a party to serve process as provided by state law in certain circumstances.
TRUE FALSE

Back 294

294. True -(Fed.R.Civ.P. 4(c),(d),(e))

Front 295

295. If a defendant makes a Motion to Dismiss for failure to state a claim upon which relief can be granted, he may, before filing an Answer, make a second Motion to Dismiss for lack of personal jurisdiction.
TRUE FALSE

Back 295

295. False -(Fed.R.Civ.P. 12(g),(h))

Front 296

296. Where a response to a motion is due within a specified period of time, the court may, upon motion made after the expiration of the specified period, grant an enlargement of time where the movant shows excusable neglect.
TRUE FALSE

Back 296

296. True -(Fed.R.Civ.P. 6(b))

Front 297

297. A party who, prior to removal, has made an express demand for trial by jury in accordance with state law, need not make a demand after removal.
TRUE FALSE

Back 297

297. True -(Fed.R.Civ.P. 81(c))

Front 298

298. Evidence received at a hearing for preliminary injunction which is admissible at trial does not become part of the trial record unless ordered by the court upon motion by a party.
TRUE FALSE

Back 298

298. False -(Fed.R.Civ.P. 65(a)(2))

Front 299

299. A timely Motion for Relief from Judgment which alleges fraud or misrepresentation by an adverse party suspends the operation of the judgment.
TRUE FALSE

Back 299

299. False -(Fed.R.Civ.P. 60(b))

Front 300

300. If in a person’s absence, complete relief cannot be accorded those already parties, the person is indispensable as a matter of law, and the case must be dismissed if the person cannot be joined as a party.
TRUE FALSE

Back 300

300. False -(Fed.R.Civ.P. 19(a),(b))

Front 301

301. The Federal Rules of Evidence govern proceedings in the Courts of the United States and before United States Magistrates.
TRUE FALSE

Back 301

301. True -(Fed.R.Evid. 101)

Front 302

302. When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered.
TRUE FALSE

Back 302

302. True -(Fed.R.Evid. 106)

Front 303

303. In determining preliminary questions of fact, the court is not bound by the rules of evidence except those with respect to privilege.
TRUE FALSE

Back 303

303. True -(Fed.R.Evid. 104a)

Front 304

304. Error may be assigned on an evidentiary ruling which admits or excludes evidence only if it affects a substantial right of the party.
TRUE FALSE

Back 304

304. True -(Fed.R.Evid. 103a)

Front 305

305. In certain well-defined situations, it is permissible to conduct a hearing on the admissibility of confessions within the hearing of a jury.
TRUE FALSE

Back 305

305. False -(Fed.R.Evid. 104c)

Front 306

306. If a ruling admits evidence, a timely objection or motion to strike must appear of record for error to result, unless the evidence admitted is plain error.
TRUE FALSE

Back 306

306. True -(Fed.R.Evid. 103(a)(1), (d))

Front 307

307. A judicially noticed fact is one which is not reasonably subject to dispute in that it is either:
a) generally known within the territorial jurisdiction of the trial court.
b) capable of accurate and ready determination by resorting to sources whose accuracy cannot reasonably be questioned.
c) ascertainable through the judge’s common knowledge.
d) (b) or (c).
e) (a) or (b).

Back 307

307. e -(Fed.R.Evid. 201(b))

Front 308

308. A court may take judicial notice on its own initiative.
TRUE FALSE

Back 308

308. True -(Fed.R.Evid. 201c)

Front 309

309. The Federal Rule of Evidence regarding judicial notice only governs:
a) legislative facts.
b) adjudicative facts.
c) special facts.
d) none of the above.

Back 309

309. b -(Fed.R.Evid. 201a)

Front 310

310. A presumption, unless otherwise specified, only imposes upon a civil party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, and not the risk of non-persuasion.
TRUE FALSE

Back 310

310. True -(Fed.R.Evid. 301)

Front 311

311. Acts of Congress may create presumptions in certain instances.
TRUE FALSE

Back 311

311. True -(Fed.R.Evid. 301)

Front 312

312. The federal rules address the question of presumptions against an accused in a criminal case.
TRUE FALSE

Back 312

312. False -(Fed.R.Evid. 302)

Front 313

313. Evidence which is not relevant is admissible when offered by a defendant in a criminal prosecution.
TRUE FALSE

Back 313

313. False -(Fed.R.Evid. 402)

Front 314

314. Relevant evidence is generally admissible except as provided by an Act of Congress, the Constitution, the Federal Rules of Evidence or other properly promulgated rules.
TRUE FALSE

Back 314

314. True -(Fed.R.Evid. 402)

Front 315

315. The Supreme Court may prescribe, pursuant to statutory authority, rules bearing on the admissibility of relevant evidence.
TRUE FALSE

Back 315

315. True -(Fed.R.Evid. 402; 28 U.S.C.A. 2072)

Front 316

316. Relevant evidence may be excluded on grounds of prejudice, confusion or waste of time.
TRUE FALSE

Back 316

316. True -(Fed.R.Evid. 403)

Front 317

317. Evidence of a person’s character or a trait of character is always admissible by the accused, or by the prosecution, for the purpose of proving action in conformity therewith on a particular occasion.
TRUE FALSE

Back 317

317. False -(Fed.R.Evid. 404(a))

Front 318

318. Upon request of the accused, the prosecution must provide reasonable notice before introducing evidence of other crimes, wrongs, or acts (where such evidence is admissible).
TRUE FALSE

Back 318

318. True -(Fed.R.Evid. 404(b) but see Local General Rule 88.10.H (requiring government to advise defendant without request))

Front 319

319. Character evidence is always admissible to prove the conduct of a person so long as the evidence is carefully screened by the judge.
TRUE FALSE

Back 319

319. False -(Fed.R.Evid. 404(a)(3), 608, 609)

Front 320

320. Admissible character evidence may be proved by testimony as to reputation.
TRUE FALSE

Back 320

320. True -(Fed.R.Evid. 405a)

Front 321

321. Admissible character evidence may be in the form of an opinion.
TRUE FALSE

Back 321

321. True -(Fed.R.Evid. 405a)

Front 322

322. Specific instances of conduct may not be used under any circumstances to show a trait of a person’s character.
TRUE FALSE

Back 322

322. False -(Fed.R.Evid. 405(b))

Front 323

323. Evidence of prior specific instances of conduct may be used to show a trait of character of a person when the character or trait of character is:
a) related at least peripherally to a charge, claim or defense.
b) a dominant trait or a strong recessive one.
c) an essential element of a charge, claim, or defense.
d) none of the above.

Back 323

323. c -(Fed.R. Evid. 405b)

Front 324

324. Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
TRUE FALSE

Back 324

324. True -(Fed.R.Evid. 406)

Front 325

325. Evidence of a person’s habits is sometimes admissible.
TRUE FALSE

Back 325

325. True -(Fed.R.Evid. 406)

Front 326

326. Evidence of habit of a person or the routine practice of an organization is admissible only if corroborated.
TRUE FALSE

Back 326

326. False -(Fed.R.Evid. 406)

Front 327

327. Evidence of subsequent remedial measures which would make the event less likely to occur in the future is admissible to prove negligence in connection with the event.
TRUE FALSE

Back 327

327. False -(Fed.R.Evid. 407)

Front 328

328. Evidence of subsequent remedial measures is admissible when the feasibility of precautionary measures is controverted.
TRUE FALSE

Back 328

328. True -(Fed.R.Evid. 407)

Front 329

329. Evidence of conduct or statements made in compromise negotiations is not admissible to prove liability.
TRUE FALSE

Back 329

329. True -(Fed.R.Evid. 408)

Front 330

330. Evidence of conduct or statements made in compromise negotiations may be admissible for the purpose of:
a) proving the amount in controversy in the case.
b) proving that the opposing attorneys are bad guys.
c) proving that the opponent concedes parts of the claim.
d) proving bias or prejudice of a witness.
e) none of the above.

Back 330

330. d -(Fed.R.Evid. 408)

Front 331

331. The Federal Rules of Evidence provide specific circumstances under which evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is admissible to prove liability for the injury.
TRUE FALSE

Back 331

331. False -(Fed.R.Evid. 409)

Front 332

332. Generally a plea of guilty which was later withdrawn is inadmissible against the defendant who made the plea in any civil or criminal proceeding.
TRUE FALSE

Back 332

332. True -(Fed.R.Evid. 410(1))

Front 333

333. Generally a plea of nolo contendere may not be admitted in a civil proceeding against the defendant who made the plea.
TRUE FALSE

Back 333

333. True -(Fed.R.Evid. 410(2))

Front 334

334. A statement made in the course of plea discussions with an attorney for the prosecuting authority which does not result in a plea of guilty or which results in a plea of guilty that is later withdrawn is admissible in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record and in the presence of counsel.
TRUE FALSE

Back 334

334. True -(Fed.R.Evid. 410(4))

Front 335

335. In a criminal case in which a person is accused of sexual misconduct, evidence to prove the alleged victim’s sexual predisposition is not admissible, but such evidence is admissible in a civil proceeding involving alleged sexual misconduct.
TRUE FALSE

Back 335

335. False -(Fed.R.Evid. 412(a))

Front 336

336. The fact that a person was or was not insured against liability is admissible when offered for the purpose of:
a) proof of agency.
b) ownership or control.
c) the bias or prejudice of a witness.
d) (b) and (c).
e) (a), (b), and (c).

Back 336

336. e -(Fed.R.Evid. 411)

Front 337

337. The Federal Rules of Evidence have expressly created a limited privilege protecting a spouse from the testimony of his/her spouse against her/him.
TRUE FALSE

Back 337

337. False -(Fed.R.Evid. 501)

Front 338

338. Privileges may be statutorily or constitutionally based.
TRUE FALSE

Back 338

338. True -(Fed.R.Evid. 501)

Front 339

339. Generally, in diversity actions arising out of automobile accidents, questions regarding privilege of a witness are determined in accordance with state law.
TRUE FALSE

Back 339

339. True -(Fed.R.Evid. 501)

Front 340

340. Except as provided in the Federal Rules of Evidence, every person is competent to be a witness; however, the court must rely on State law regarding witness competency under certain circumstances.
TRUE FALSE

Back 340

340. True -(Fed.R.Evid. 601)

Front 341

341. In civil actions and proceedings, the competency of a witness is always determined in accordance with state law.
TRUE FALSE

Back 341

341. False -(Fed.R.Evid. 601)

Front 342

342. A lay witness may not testify to a matter unless evidence is introduced which would support a finding that the person has personal knowledge of the matter.
TRUE FALSE

Back 342

342. True -(Fed.R.Evid. 602)

Front 343

343. The oath or affirmation administered to every witness such that (s)he declares that (s)he will testify truthfully need only awaken the conscience of the witness and impress upon the witness the duty to tell the truth.
TRUE FALSE

Back 343

343. True -(Fed.R.Evid. 603)

Front 344

344. Unless an objection is made, a judge may take an oath and act as a witness in a trial at which (s)he is presiding.
TRUE FALSE

Back 344

344. False -(Fed.R.Evid. 605)

Front 345

345. The court may require a party who opposes the calling of a juror as a witness to state the objection in the jury’s presence.
TRUE FALSE

Back 345

345. False -(Fed.R.Evid. 606(a))

Front 346

346. Evidence to prove personal knowledge:
a) must consist of testimony of the witness himself.
b) may, but need not, consist of testimony of the witness himself.
c) under no circumstances may consist of testimony of the witness himself.
d) is not needed in actions in rem.
e) none of the above.

Back 346

346. b -(Fed.R.Evid. 602)

Front 347

347. Interpreters certified by the Chief Judge are not subject to the rules relating to qualification as an expert.
TRUE FALSE

Back 347

347. False -(Fed.R.Evid. 604)

Front 348

348. The party calling a witness:
a) may not attack the credibility of the party’s own witness.
b) may attack his own witness’s credibility.
c) may attack the credibility of an opposing party’s witness.
d) (a) and (c).
e) (b) and (c).

Back 348

348. e -(Fed.R.Evid. 607)

Front 349

349. When an inquiry into the validity of a verdict or indictment is made, it is permissible for a juror to testify as to the effect of factors upon the juror’s emotions influencing the juror’s decision.
TRUE FALSE

Back 349

349. False -(Fed.R.Evid. 606(b))

Front 350

350. Reputation or opinion evidence of a witness’s truthfulness is admissible when the witness’s character for truthfulness has been attacked by opinion or reputation evidence or otherwise.
TRUE FALSE

Back 350

350. True -(Fed.R.Evid. 608(a))

Front 351

351. Evidence of a promise to pay medical expenses resulting from an injury is not admissible to prove liability for the injury.
TRUE FALSE

Back 351

351. True -(Fed.R.Evid. 409)

Front 352

352. Parties are always entitled to cross-examine witnesses called by the court.
TRUE FALSE

Back 352

352. True -(Fed.R.Evid. 614(a))

Front 353

353. Evidence of subsequent remedial measures is admissible to prove ownership or control if controverted.
TRUE FALSE

Back 353

353. True -(Fed.R.Evid. 407)

Front 354

354. The credibility of a witness may be attacked by the party calling the witness.
TRUE FALSE

Back 354

354. True -(Fed.R.Evid. 607)

Front 355

355. A party’s deposition may be used by an adverse party only for the purpose of contradicting or impeaching the testimony of the party.
TRUE FALSE

Back 355

355. False -(Fed.R.Civ.P. 32(a))

Front 356

356. An expert witness is never permitted to base an opinion on facts or data unless those facts or data are admissible in evidence.
TRUE FALSE

Back 356

356. False -(Fed.R.Evid. 703)

Front 357

357. Cross-examination as to any relevant issue in the case may never be curtailed by the court.
TRUE FALSE

Back 357

357. False -(Fed.R.Evid. 611(b))

Front 358

358. The court may interrogate witnesses within limits, whether called by the court or by a party.
TRUE FALSE

Back 358

358. True -(Fed.R.Evid. 614(b))

Front 359

359. Determination of mental competency of a witness to testify is a question for the judge.
TRUE FALSE

Back 359

359. True -(Fed.R.Evid. 104(a))

Front 360

360. A defendant in a criminal proceeding may preclude her husband from offering testimony adverse to her interest in that proceeding, even when her husband will not be testifying as to a confidential communication.
TRUE FALSE

Back 360

360. False -(Trammel v. United States, 100 S. Ct. 906 (1980)

Front 361

361. The attorney-client privilege protects against disclosure of an attorney’s advice to a client about the future commission of a crime or fraud.
TRUE FALSE

Back 361

361. False -(E. Cleary, McCormick on Evidence, 95, 229 (3d ed. 1984)

Front 362

362. An attorney is generally required to assert an attorney-client privilege on behalf of a client if the client is not present and has not waived the privilege.
TRUE FALSE

Back 362

362. True -(C. Ehrhardt, Florida Evidence, 502.6, 208-09 (1984); E. Cleary, McCormick on
Evidence, 92,222 (3d ed. 1984))

Front 363

363. When a witness uses a writing to refresh recollection for the purpose of testifying, an adverse party is entitled to introduce in evidence those portions which relate to the testimony of the witness.
TRUE FALSE

Back 363

363. True -(Fed.R.Evid. 612)

Front 364

364. A witness can be impeached by cross-examination to show bias.
TRUE FALSE

Back 364

364. True -(Fed.R.Evid. 611(b); United States v. Abel, 469 U.S. 45, 51 (1984))

Front 365

365. Rule 613(b) provides that a witness who testifies at trial cannot be impeached by introducing extrinsic evidence showing prior inconsistent statements of the witness without first laying any predicate by asking the witness about the inconsistency.
TRUE FALSE

Back 365

365. False -(Fed.R.Evid. 613(b))

Front 366

366. A witness does not waive his or her privilege against self-incrimination when testifying in response to questions which relate only to credibility.
TRUE FALSE

Back 366

366. True -(Fed.R.Evid. 608(b))

Front 367

367. A witness may be impeached by introducing proof of a prior conviction of a felony involving dishonesty.
TRUE FALSE

Back 367

367. True -(Fed.R.Evid. 609(a)(2))

Front 368

368. A witness can always be impeached by introducing proof of prior arrests, without conviction.
TRUE FALSE

Back 368

368. False -(Fed.R.Evid. 608)

Front 369

369. Testimony which assumes material facts which have not yet been established is admissible under specified circumstances.
TRUE FALSE

Back 369

369. True -(Fed.R.Evid. 104(b))

Front 370

370. A defendant in a criminal case can introduce evidence of his good character with respect to a pertinent character trait even though the defendant has not testified or been impeached.
TRUE FALSE

Back 370

370. True -(Fed.R.Evid. 404(a)(1))

Front 371

371. Reversible error always occurs when evidence is improperly excluded and no specific offer
of the evidence is made as to what the evidence would be and its purpose.
TRUE FALSE

Back 371

371. False -(Fed.R.Evid. 103(a)(2))

Front 372

372. A witness who has not been impeached can be fortified by evidence of good character.
TRUE FALSE

Back 372

372. False -(Fed.R.Evid. 608(a))

Front 373

373. In a defamation case, a witness can testify that he heard the defendant make the defamatory statement.
TRUE FALSE

Back 373

373. True -(Fed.R.Evid. 801(c); Jauch v. Corley, 830 F.2d 47 (5th Cir. 1987))

Front 374

374. In order for the former testimony of a witness to be admissible, the witness must be presently unavailable.
TRUE FALSE

Back 374

374. True -(Fed.R.Evid. 804(b)(1))

Front 375

375. In order for a dying declaration to be admissible, it is necessary that the declarant believed death was imminent.
TRUE FALSE

Back 375

375. True -(Fed.R.Evid. 804(b)(2))

Front 376

376. A declaration of a patient to a physician as to the cause of his/her condition is excepted from the hearsay rule even if it was not made spontaneously as long as the statement is reasonably pertinent to diagnosis or treatment.
TRUE FALSE

Back 376

376. True -(Fed.R.Evid. 803(4))

Front 377

377. In criminal cases, public records setting forth factual findings resulting from an investigation made pursuant to legal authority are admissible against the Government, unless there is an indication of a lack of trustworthiness.
TRUE FALSE

Back 377

377. True -(Fed.R.Evid. 803(8))

Front 378

378. A regular entry in the regular course of business, made at or near the time by a person with knowledge, can be introduced in evidence by the custodian of the record without authentication by the person who originally made the record maintained by the custodian.
TRUE FALSE

Back 378

378. True -(Fed.R.Evid. 803(6); E. Cleary, McCormick on Evidence, 312, 881 (3d ed. 1984))

Front 379

379. A recorded recollection is admissible if it was contemporaneously and accurately made by a person who once had knowledge of a matter but no longer recalls it sufficiently to testify fully.
TRUE FALSE

Back 379

379. True -(Fed.R.Evid. 803(5))

Front 380

380. Hearsay evidence of an excited utterance is admissible if made under the stress of excitement caused by the declarant’s perception of the event or condition.
TRUE FALSE

Back 380

380. True -(Fed.R.Evid. 803(2))

Front 381

381. If the significance of an offered statement lies solely in the fact that the statement was made, and no issue is being raised as to the truth of the statement itself, then the statement is not barred by the rule against hearsay.
TRUE FALSE

Back 381

381. True -(Fed.R.Evid. 801(c))

Front 382

382. The trial judge has discretion in controlling the mode and order of interrogation of witnesses and presentation of evidence.
TRUE FALSE

Back 382

382. True -(Fed.R.Evid. 611(a))

Front 383

383. Counsel is never required to show or disclose to opposing counsel a prior statement of a witness used during questioning of that witness.
TRUE FALSE

Back 383

383. False -(Fed.R.Evid. 613(a))

Front 384

384. Extrinsic evidence of a prior inconsistent statement of a witness is not generally admissible unless the witness is afforded an opportunity to explain or deny the statement and the opposing party is afforded an opportunity to interrogate the witness with respect to the statement.
TRUE FALSE

Back 384

384. True -(Fed.R.Evid. 613(b))

Front 385

385. Testimony in the form of an opinion is always inadmissible when it embraces an ultimate issue to be decided by the trier of fact.
TRUE FALSE

Back 385

385. False -(Fed.R.Evid. 704(a))

Front 386

386. An expert is not permitted to testify in terms of opinion or inference and give reasons therefor without first disclosing the underlying facts or data on which the opinion or inference is based.
TRUE FALSE

Back 386

386. False -(Fed.R.Evid. 705)

Front 387

387. A statement of a co-conspirator of a party during the course and in furtherance of conspiracy is admissible in evidence when the statement is offered by the opposing party.
TRUE FALSE

Back 387

387. True -(Fed.R.Evid. 801(d)(2))

Front 388

388. For purposes of utilizing a hearsay statement as evidence when a witness is unavailable, the term unavailability includes a witness who refuses to testify on the ground of privilege concerning the subject matter of this statement.
TRUE FALSE

Back 388

388. True -(Fed.R.Evid. 804(a)(1))

Front 389

389. If the declarant is unavailable as a witness, a hearsay statement made under belief of impending death is always admissible.
TRUE FALSE

Back 389

389. False -(Fed.R.Evid. 804(b)(2))

Front 390

390. Domestic public documents under seal are admissible as self-authenticating documents.
TRUE FALSE

Back 390

390. True -(Fed.R.Evid. 902(1))

Front 391

391. A duplicate of a writing, recording, or photograph is admissible to the same extent as an original unless:
a) a genuine question is raised as to the authenticity of the original.
b) the opposing party has not previously seen the original.
c) there has been no showing that the original was lost or destroyed.
d) the duplicate was produced by the party seeking to offer it into evidence.

Back 391

391. a -(Fed.R.Evid. 1003)

Front 392

392. Hearsay is not admissible, subject to a number of exceptions. Which is not an exception?
a) Statements of medical diagnosis.
b) Records of regularly conducted activity.
c) Learned treatises.
d) All are exceptions.

Back 392

392. d -(Fed.R.Evid. 803(4), (6), (18))

Front 393

393. Hearsay is:
a) an oral statement
b) a written statement.
c) made outside the trial.
d) offered to prove the truth of the matter asserted.
e) all of the above.

Back 393

393. e -(Fed.R.Evid. 801(a), (c))

Front 394

394. Opinion testimony:
a) is limited to testimony by experts.
b) cannot be given by lay witnesses.
c) is limited to scientific testimony.
d) may be given by lay witnesses in limited circumstances.

Back 394

394. d -(Fed.R.Evid. 701)

Front 395

395. Hearsay is not admissible, subject to a number of exceptions. Which is not an exception?
a) Present sense impression.
b) Excited utterance.
c) Then existing mental, emotional, or physical condition.
d) All the above are exceptions.

Back 395

395. d -(Fed.R.Evid. 803(1), (2), (3))

Front 396

396. Opinion testimony by experts:
a) cannot embrace any ultimate question to be decided by the trier of fact.
b) cannot be based on data or facts presented at trial.
c) cannot be derived from inferences based on facts not admitted in evidence.
d) none of the above.

Back 396

396. d -(Fed.R.Evid. 703, 704)

Front 397

397. Hearsay is not admissible, subject to a number of exceptions. Which is not an exception?
a) Recorded recollection.
b) Public records.
c) Vital statistics.
d) All are exceptions.

Back 397

397. d -(Fed.R.Evid. 803(5), (8), (9))

Front 398

398. In order to be admissible as an exception to the hearsay rule, which of the following requires the declarant to be unavailable?
a) Records of regularly conducted activity.
b) Then existing mental, emotional, or physical condition.
c) Excited utterance.
d) None of the above.

Back 398

398. d -(Fed.R.Evid. 804(a), (b))

Front 399

399. Which of the following are excluded by the hearsay rule even if the declarant is unavailable?
a) Former testimony.
b) Statement under belief of impending death.
c) Statement against interest.
d) None of the above.

Back 399

399. d -(Fed.R.Evid. 804(b)(1), (2), (3))

Front 400

400. The Federal Rules of Evidence generally apply to civil, criminal, and admiralty actions. In which proceedings are the rules inapplicable?
a) Grand jury matters.
b) Proceedings involving the determination of preliminary questions of fact.
c) Extradition actions.
d) All of the above.

Back 400

400. d -(Fed.R.Evid. 1101(d)(1), (2), (3))

Front 401

401. The district courts have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States:
a) where the amount in controversy exceeds $75,000.
b) there is no minimum amount in controversy.
c) unless there is also diversity of citizenship between the parties, then $75,000 must be the minimum amount in controversy.
d) (a) and (b).

Back 401

401. b -(28 U.S.C.A. 1331)

Front 402

402. When a complaint contains a federal claim and a state claim, and the federal claim has substance sufficient to confer subject matter jurisdiction on the Court, the Court
a) can accept jurisdiction over the state claim pursuant to doctrine of supplemental jurisdiction even if the state and federal claim do not derive from a common nucleus of operative fact.
b) must accept jurisdiction over the state claim pursuant to the doctrine of supplemental jurisdiction if the state and federal claim derive from a common nucleus of operative fact.
c) may accept jurisdiction over the state claim pursuant to the doctrine of supplemental jurisdiction if the state and federal claim derive from a common nucleus of operative fact.
d) can never accept jurisdiction over the state claim.

Back 402

402. c -(28 U.S.C.A. 1367)

Front 403

403. Federal district courts have original and exclusive jurisdiction over:
a) most proceedings in bankruptcy filed under Chapter 11.
b) any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.
c) to redress the deprivation under color of state law of any right secured by the Constitution of the United States.
d) (a) and (b).
e) (a), (b) and (c).

Back 403

403. d -(28 U.S.C.A. 1333(a), 1334(a),(b), 1343 (a)(3))

Front 404

404. In a suit predicated upon diversity jurisdiction, the Court:
a) determines jurisdiction by examining the citizenship of the parties at the time the action is commenced.
b) is bound by the plaintiff’s allegations of citizenship, and alignment of parties.
c) must accept jurisdiction in all cases between citizens of different states.
d) (a) and (c).

Back 404

404. a -(28 U.S.C.A. 1332, 1359; P. Bator, Hart & Wechsler’s The Federal Courts and Federal Systems, 1662 (3d ed. 1988); C. Wright, Law of Federal Courts, 28, 56-57 4th ed. 1983))

Front 405

405. A citizen of Florida may bring an action against the following individuals and maintain diversity jurisdiction:
a) a United States citizen who maintains a domicile in Mexico.
b) a citizen of Georgia who moved to Florida six months after being served with the complaint.
c) a corporation which is incorporated in New York and has its principal place of business in Miami.
d) all of the above.

Back 405

405. b -(Smith & Carter, 545 F.2d 909 (5th Cir. 1977); Van Der Schelling v. U.S. News & World Report, Inc., 213 F. Supp. 756 (E.D. Pa.); aff’d, 324 F.2d 956 (3d Cir. 1963); 28 U.S.C.A. 1332; C. Wright, Law of Federal Courts, 28, 156-57 (4th ed. 1983))

Front 406

406. The concept that best describes a district court’s refusal to enjoin a pending state criminal action where it is alleged that the state is proceeding unconstitutionally, is the:
a) pendent party doctrine.
b) abstention doctrine.
c) ancillary jurisdiction doctrine.
d) exhaustion requirement.

Back 406

406. b -(Younger v. Harris, 91 S. Ct. 746 (1971)

Front 407

407. The requirement of exhaustion of state remedies as a condition precedent to the granting of an application for a writ of habeas corpus is based on principles of:
a) abstention.
b) caveat emptor.
c) comity.
d) lex loci delictus.

Back 407

407. c -(C. Whitebread & C. Slobogin, Criminal Procedure, 33.02(b), 847 (1986))

Front 408

408. A plaintiff who has an in personam claim for breach of a maritime contract may:
a) invoke federal admiralty jurisdiction.
b) bring an action in state court.
c) bring an action in United States District Court.
d) (a) and (b) and (c) if the requirements of diversity jurisdiction are met.

Back 408

408. d -(T. Schoenbaum, Admiralty and Maritime Law, 3-13, 116 (1987); 28 U.S.C.A. 1333(1))

Front 409

409. A plaintiff may proceed with an in rem admiralty action in:
a) a federal district court by invoking admiralty jurisdiction.
b) a state court of general jurisdiction.
c) an action in United States District Court.
d) all of the above.

Back 409

409. a -(T. Schoenbaum, Admiralty and Maritime Law, 3-13, 116 (1987); 28 U.S.C.A. 1333(1))

Front 410

410. A seaman, who is a Florida citizen, sues his employer, a Georgia corporation with principal place of business in Georgia, for injuries suffered in the course of his employment. Under the Jones Act, 46 U.S.C. 688 he may bring the action, assuming alleged damages of $55,000:
a) in federal district court under admiralty jurisdiction.
b) in state court.
c) in an action in federal court.
d) all of the above.

Back 410

410. d -(H. Baer, Admiralty Law of the Supreme Court, 1-11, 73-74 (3d ed. 1979); 28 U.S.C.A. 1332) 411. a -(St. Paul Mercury Indem. Co. v. Red Cab Co., 58 S. Ct. 586 (1938); C. Wright and M. Kane, § 32 Law of Federal Courts (46th ed.2002)