INTRO TO LAW FINAL -UNIVERSITY OF LOWA

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INTRO TO LAW FINAL -UNIVERSITY OF LOWA

NEWEST ACTUAL EXAM COMPLETE 100

QUESTIONS AND CORRECT DETAILED

ANSWERS (VERIFIED ANSWERS) |ALREADY

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Question 1: What is the informational discovery period?

Correct answer: The period between the first event in a civil

litigation that gives rise to the suit (the triggering event), and the second event that involves the filing of a complaint.

Question 2: What is a contingent fee agreement?

Correct answer: A method of compensation for lawyers where

the lawyer takes a contractually agreed-upon percentage of the damages awarded or collected in a settlement in lieu of other forms of compensation. The attorney receives nothing for his or her time if the client recovers nothing.

Question 3: What are settlement conferences?

Correct answer: A pretrial meeting attended by the lawyers for

the contesting parties and sometimes the judge to explore the possibility of settlement.

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Question 4: What is a pleading?

Correct answer: The alternate and opposing written statements

of the parties to a lawsuit. The typicalities include: the

complaint, answer, and occasionally a reply.

Question 5: What is a reply?

Correct answer: A pleading in which the plaintiff admits, denies,

or raises defenses against the factual allegations raised in the defendant's counterclaim.

Question 6: What is a complaint?

Correct answer: A document in which the plaintiff alleges

jurisdiction, sets forth facts that establish the existence of a legal claim that entitles the plaintiff to relief from the defendant, and demands relief.

Question 7: What is an answer?

Correct answer: A responsive pleading in which the defendant

makes admissions or denials, asserts legal defenses, and raises counterclaims.

Question 8: What is a denial?

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Correct answer: (In the answer) creates a factual issue that must

be proven at trial.

Question 9: What are affirmative defenses in civil law?

Correct answer: Defenses pleaded by the defendant in his or her

answer to the plaintiff's complaint. Each defense will consist of facts that the defendant contends may bar the plaintiff from recovery.

Question 10: What are affirmative defenses in criminal law?

Correct answer: Defenses in which a defendant admits to the act

but claims that special circumstances mitigate, justify, or excuse the defendant's conduct (also called excuse defenses).

Question 11: What is a counterclaim?

Correct answer: A defendant's claim against the plaintiff, which

is usually included in the answer; it is essentially a defendant's "complaint."

Question 12: What is a cause of action?

Correct answer: The underlying foundation for a lawsuit. It

consists of the legal grounds and alleged facts which, if proved,

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would constitute all the "elements" required by statute or common law to state a claim for legal relief.

Question 13: What does "in personam" mean?

Correct answer: "Directed toward a particular person."

Question 14: What is an in personam judgment?

Correct answer: In a lawsuit in which the case is against a

specific individual, that person must be served with a summons and a complaint to give the court jurisdiction to try the case, and the judgment applies to that person.

Question 15: What does "in rem" mean?

Correct answer: "Against or about a thing," referring to a lawsuit

or other legal action directed toward property, rather than toward a particular person.

Question 16: What is process in legal terms?

Correct answer: The means whereby a court enforces obedience

to its orders. It is termed (a) original, when it is intended to compel the appearance of the defendant; (b) mesne, when issued