Civil Procedure Law # MCQs Practice set

Q.1 What is the primary purpose of Civil Procedure Law?

To define criminal offenses
To regulate how civil disputes are resolved in court
To establish business contracts
To create constitutional amendments
Explanation - Civil Procedure Law governs the process and rules for handling civil disputes in courts, ensuring fairness and order.
Correct answer is: To regulate how civil disputes are resolved in court

Q.2 Which document usually initiates a civil lawsuit?

Subpoena
Writ of Habeas Corpus
Complaint or Petition
Summons only
Explanation - A complaint or petition is filed by the plaintiff to formally start a civil lawsuit.
Correct answer is: Complaint or Petition

Q.3 Who is the plaintiff in a civil case?

The judge
The party who brings the case
The party defending the case
The jury
Explanation - The plaintiff is the party that initiates the lawsuit, claiming legal relief against the defendant.
Correct answer is: The party who brings the case

Q.4 Which party responds to the plaintiff’s complaint?

Court clerk
Defendant
Jury
Attorney General
Explanation - The defendant answers the plaintiff’s complaint by filing a written response or defense.
Correct answer is: Defendant

Q.5 Which legal document is served on the defendant to notify them of the lawsuit?

Subpoena
Summons
Affidavit
Contract
Explanation - A summons is an official notice informing the defendant that a legal action has been filed against them.
Correct answer is: Summons

Q.6 What is 'jurisdiction' in Civil Procedure Law?

The judge’s opinion
The legal authority of a court to hear a case
The rules of evidence
The right to appeal
Explanation - Jurisdiction refers to the authority granted to a court to hear and decide cases.
Correct answer is: The legal authority of a court to hear a case

Q.7 Which type of jurisdiction deals with the authority over the subject matter of the case?

Personal jurisdiction
Territorial jurisdiction
Subject-matter jurisdiction
Concurrent jurisdiction
Explanation - Subject-matter jurisdiction refers to the court’s power to hear cases of a particular type or category.
Correct answer is: Subject-matter jurisdiction

Q.8 What is 'service of process'?

Court giving judgment
Delivering legal documents to the opposing party
Signing of a contract
Conducting a trial
Explanation - Service of process ensures the defendant is properly notified of the lawsuit by delivering documents such as the summons and complaint.
Correct answer is: Delivering legal documents to the opposing party

Q.9 Which motion asks the court to dismiss a case due to legal insufficiency?

Motion for summary judgment
Motion to dismiss
Motion to compel
Motion for continuance
Explanation - A motion to dismiss argues that even if all allegations are true, the case should not proceed for legal reasons.
Correct answer is: Motion to dismiss

Q.10 What is the purpose of discovery in civil litigation?

To punish the guilty party
To gather evidence before trial
To appeal the decision
To issue judgment
Explanation - Discovery allows both sides to obtain evidence, ensuring transparency and preventing surprise at trial.
Correct answer is: To gather evidence before trial

Q.11 Which of the following is a discovery tool?

Cross-examination
Interrogatories
Verdict
Appeal
Explanation - Interrogatories are written questions one party sends to the other, which must be answered under oath.
Correct answer is: Interrogatories

Q.12 Depositions in civil procedure involve:

Written contracts
Oral testimony under oath outside court
Judicial opinions
Pleading amendments
Explanation - Depositions record oral testimony of witnesses under oath before the trial to preserve evidence.
Correct answer is: Oral testimony under oath outside court

Q.13 What is a 'default judgment'?

Judgment when a defendant fails to respond
Judgment after trial
Judgment in criminal law
Judgment overturned by appeal
Explanation - If the defendant does not respond to the complaint, the court may issue a default judgment in favor of the plaintiff.
Correct answer is: Judgment when a defendant fails to respond

Q.14 Which party bears the burden of proof in a civil case?

Judge
Defendant
Plaintiff
Jury
Explanation - In civil cases, the plaintiff must prove their case by a preponderance of evidence.
Correct answer is: Plaintiff

Q.15 In civil cases, the standard of proof is usually:

Beyond reasonable doubt
Preponderance of the evidence
Clear and convincing evidence
Moral certainty
Explanation - Civil cases typically require proof that something is more likely true than not, known as preponderance of evidence.
Correct answer is: Preponderance of the evidence

Q.16 What is a counterclaim?

A claim by the plaintiff
A claim filed by the defendant against the plaintiff
A claim against the judge
A request to appeal
Explanation - A counterclaim is the defendant’s own legal claim against the plaintiff within the same lawsuit.
Correct answer is: A claim filed by the defendant against the plaintiff

Q.17 What is the main function of pleadings?

To question witnesses
To define issues in dispute
To conduct discovery
To issue judgment
Explanation - Pleadings outline the claims and defenses of each party, helping the court identify the legal issues.
Correct answer is: To define issues in dispute

Q.18 Which of the following is an equitable remedy?

Injunction
Monetary damages
Punitive damages
Restitution
Explanation - An injunction orders a party to do or refrain from doing a specific act, a common equitable remedy.
Correct answer is: Injunction

Q.19 When a party requests the court to rule without a trial due to no genuine issue of fact, it is called:

Motion for mistrial
Motion for summary judgment
Motion for retrial
Motion to compel
Explanation - Summary judgment can be granted if there are no material facts in dispute and one party is entitled to judgment as a matter of law.
Correct answer is: Motion for summary judgment

Q.20 Which court document officially records the final decision in a civil case?

Pleadings
Judgment
Motion
Summons
Explanation - The judgment is the formal document that records the court’s final decision in the case.
Correct answer is: Judgment

Q.21 What is an appeal in civil procedure?

A new trial in another court
A request to review the lower court’s decision
A jury verdict
An arbitration process
Explanation - An appeal allows a higher court to review the legal correctness of a lower court’s decision.
Correct answer is: A request to review the lower court’s decision

Q.22 Which principle ensures that each party has a fair chance to present its case?

Rule of evidence
Due process
Judicial activism
Stare decisis
Explanation - Due process guarantees fairness in legal proceedings, ensuring notice and an opportunity to be heard.
Correct answer is: Due process

Q.23 Which of these is NOT part of civil procedure?

Pleadings
Discovery
Trial
Criminal sentencing
Explanation - Civil procedure deals with civil cases, while criminal sentencing belongs to criminal procedure.
Correct answer is: Criminal sentencing

Q.24 In civil procedure, what is 'res judicata'?

A new trial granted
The rule that a final judgment is conclusive between parties
A motion to dismiss
A type of injunction
Explanation - Res judicata prevents parties from relitigating issues that have already been resolved by a final judgment.
Correct answer is: The rule that a final judgment is conclusive between parties

Q.25 Which of the following best describes mediation in civil disputes?

A judge imposes a decision
A mediator facilitates negotiation between parties
A jury issues a verdict
A binding arbitration process
Explanation - Mediation is an alternative dispute resolution method where a neutral mediator helps parties reach settlement.
Correct answer is: A mediator facilitates negotiation between parties