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NALA CP practice questions

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Question 1Civil Litigation

What is the primary function of a summons in a civil action?

  1. To notify the defendant of the action and the response deadline Correct answer.
  2. To compel a nonparty to produce documents before trial
  3. To state the factual and legal basis of the plaintiff's claim
  4. To authorize the sheriff to seize the defendant's property

Explanation

A summons is the formal notice that jurisdiction has been invoked; it informs the defendant that a complaint has been filed and states the time within which a response is required. It does not itself set out the plaintiff's substantive allegations.

Question 2Civil Litigation

Statutes of limitations primarily serve to:

  1. Limit the number of claims a plaintiff may plead
  2. Define the geographic district where a case may be filed
  3. Establish the burden of proof at trial
  4. Set the time within which a claim must be brought Correct answer.

Explanation

A statute of limitations prescribes the maximum period after an event within which a legal action must be commenced, and the period varies by type of claim. If the period expires, the claim is generally barred.

Question 3Civil Litigation

Which document is a defendant's formal written response to a complaint?

  1. A motion for summary judgment
  2. A notice of appeal
  3. A subpoena
  4. An answer Correct answer.

Explanation

An answer is the responsive pleading in which the defendant admits or denies the complaint's allegations and raises affirmative defenses. It must ordinarily be served within the time allowed after service of the complaint.

Question 4Civil Litigation

Which discovery device consists of written questions that must be answered under oath?

  1. Request for production
  2. Request for admission
  3. Deposition
  4. Interrogatories Correct answer.

Explanation

Interrogatories are written questions served on another party, and the answers are given in writing under oath. They are distinct from oral examinations and from requests that seek documents or admissions.

Question 5Civil Litigation

Subject matter jurisdiction refers to a court's authority to:

  1. Order discovery from a nonparty
  2. Bind a particular defendant to its judgment
  3. Hear the type of case presented Correct answer.
  4. Set the place of trial within a state

Explanation

Subject matter jurisdiction is the court's power over the category of case, such as federal question or diversity cases, and it cannot be waived by the parties. Personal jurisdiction, by contrast, concerns power over a particular person.

Question 6Civil Litigation

Venue rules determine:

  1. Whether a court has power over the defendant
  2. Which party bears the burden of proof
  3. Which location is proper for filing the suit Correct answer.
  4. Whether the plaintiff has stated a claim

Explanation

Venue selects the proper geographic location for a lawsuit among courts that already have jurisdiction, usually based on where the defendant resides or where the events occurred. It does not confer power over the parties or the subject matter.

Question 7Civil Litigation

A default judgment may be entered when:

  1. A party fails to respond to written discovery
  2. The plaintiff fails to serve the complaint within 120 days
  3. The jury cannot reach a unanimous verdict
  4. The defendant fails to plead or otherwise defend Correct answer.

Explanation

Under Rule 55, default may be entered when a party against whom affirmative relief is sought has failed to plead or otherwise defend. A default judgment then may be entered subject to the rule's procedural safeguards.

Question 8Civil Litigation

In most civil cases, the party with the burden of proof must persuade the fact finder by:

  1. A scintilla of evidence
  2. Clear and convincing evidence
  3. Preponderance of the evidence Correct answer.
  4. Beyond a reasonable doubt

Explanation

The preponderance standard requires the party to show that a fact is more likely true than not, and it governs most civil actions. Clear and convincing evidence is a higher standard reserved for certain claims, while reasonable doubt applies in criminal cases.

Question 9Civil Litigation

A motion to dismiss for failure to state a claim upon which relief can be granted is brought under which federal rule?

  1. Rule 56
  2. Rule 59
  3. Rule 26
  4. Rule 12(b)(6) Correct answer.

Explanation

Rule 12(b)(6) permits a defendant to challenge the legal sufficiency of the complaint's allegations. The court generally accepts the well-pleaded factual allegations as true but does not accept legal conclusions.

Question 10Civil Litigation

Summary judgment is proper when:

  1. The jury returns a verdict that the trial judge finds to be against the weight of the evidence
  2. The defendant has failed to answer the complaint
  3. The parties agree to submit the case to arbitration
  4. No genuine dispute of material fact exists and the movant is entitled to judgment Correct answer.

Explanation

Rule 56 authorizes summary judgment when the record shows no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court views the evidence in the light most favorable to the nonmovant.

Question 11Civil Litigation

Under the Federal Rules of Civil Procedure, how many interrogatories, including subparts, may a party serve on another party without leave of court?

  1. 25 Correct answer.
  2. 20
  3. 10
  4. 50

Explanation

Rule 33(a)(1) limits a party to 25 written interrogatories, including all discrete subparts, unless the parties stipulate otherwise or the court grants leave. Additional interrogatories require permission.

Question 12Civil Litigation

Requests for admission are primarily designed to:

  1. Narrow the issues by establishing undisputed facts Correct answer.
  2. Obtain documents and other tangible things from a party
  3. Record oral testimony of witnesses before trial
  4. Compel a nonparty to appear and testify at the trial

Explanation

Rule 36 permits a party to request that another party admit the truth of specified matters or the authenticity of documents. Admissions are intended to reduce the matters that must be proved at trial.

Question 13Civil Litigation

During a deposition, which person typically questions the deponent?

  1. The judge
  2. The jury foreperson
  3. The attorney for any party Correct answer.
  4. The court clerk

Explanation

Under Rule 30, the parties' attorneys conduct the examination of the deponent, who testifies under oath before a court reporter. A judge is ordinarily not present at a deposition.

Question 14Civil Litigation

A subpoena duces tecum is used to:

  1. Order a party to submit to a mental examination
  2. Require a person to produce documents or things Correct answer.
  3. Compel a party to answer interrogatories
  4. Command a witness to testify at trial

Explanation

A subpoena duces tecum commands a person to produce designated documents, electronically stored information, or tangible things at a specified time and place. It may be combined with a command to testify.

Question 15Civil Litigation

A compulsory counterclaim is one that:

  1. The defendant may bring later in a separate action
  2. Must be filed after the answer is served
  3. Involves a party who is not yet joined in the case
  4. Arises from the same transaction or occurrence Correct answer.

Explanation

Rule 13(a) requires a defendant to plead as a counterclaim any claim that arises out of the same transaction or occurrence as the opposing party's claim. If omitted, the claim is generally barred in later litigation.

Question 16Civil Litigation

Under Rule 15(a), a party may amend a pleading once as a matter of course within:

  1. 21 days after service Correct answer.
  2. 7 days after service
  3. 14 days after service
  4. 30 days after service

Explanation

Rule 15(a)(1) allows one amendment as a matter of course within 21 days after serving the pleading, or, if a responsive pleading is required, within 21 days after service of the responsive pleading or a motion under Rule 12(b).

Question 17Civil Litigation

A defendant may remove a civil action from state court to federal court when:

  1. The state court judge approves the transfer
  2. The case could have been filed in federal court originally Correct answer.
  3. The plaintiff consents in writing to the transfer of the case
  4. The amount in controversy exceeds $10,000

Explanation

Under 28 U.S.C. § 1441(a), a civil action is removable only if the federal district court would have had original jurisdiction over it. Plaintiff consent and state-court approval are not the governing test.

Question 18Civil Litigation

The attorney-client privilege generally protects:

  1. Statements made by the client to third parties
  2. The attorney's billing records in all cases
  3. All documents the attorney reviews or creates during litigation
  4. Confidential client communications made to obtain legal advice Correct answer.

Explanation

The privilege protects confidential communications between a client and attorney made for the purpose of obtaining or providing legal advice. It does not shield underlying facts or communications disclosed to third parties.

Question 19Civil Litigation

The primary purpose of a final pretrial conference is to:

  1. Serve the summons and complaint on the defendant
  2. Select the jury panel
  3. Resolve issues and plan for trial to avoid surprise Correct answer.
  4. Rule on post-trial motions

Explanation

Rule 16 authorizes pretrial conferences to narrow issues, resolve discovery disputes, address settlement, and formulate a trial plan that avoids surprise. A final pretrial conference occurs shortly before trial.

Question 20Civil Litigation

A peremptory challenge allows a party to:

  1. Excuse jurors without giving a reason Correct answer.
  2. Excuse a juror for a specific stated cause
  3. Challenge the judge for bias
  4. Remove a juror after deliberations begin

Explanation

Peremptory challenges permit a party to remove a limited number of prospective jurors without stating cause. They are subject to constitutional limits and may not be used to exclude jurors on the basis of race or sex.

Question 21Civil Litigation

In a diversity case, a federal court generally must apply:

  1. State substantive law and federal procedural law Correct answer.
  2. Federal substantive law and state procedural law
  3. The law of the state where the federal court sits on all issues, including procedure
  4. Only federal law on all issues

Explanation

Under Erie Railroad Co. v. Tompkins, a federal court exercising diversity jurisdiction applies the substantive law of the state in which it sits, while federal procedural rules govern matters of procedure.

Question 22Civil Litigation

Under res judicata (claim preclusion), a final judgment on the merits bars:

  1. Discovery in unrelated cases
  2. Later litigation of the same claim between the same parties Correct answer.
  3. Only the exact legal theories that were pleaded in the first action
  4. Appeals to the state supreme court

Explanation

Claim preclusion bars a later action on the same claim between the same parties or their privies after a final judgment on the merits. It extends to claims that were or could have been raised in the first action.

Question 23Civil Litigation

When an amendment adds a new party, it relates back to the date of the original pleading if:

  1. The court grants leave to amend
  2. The new party consents to the amendment
  3. The claim arises from the same conduct and the new party had notice within 90 days Correct answer.
  4. The plaintiff files a new summons and serves it on the new party within the limitations period

Explanation

Rule 15(c)(1)(C) allows relation back when the claim arises out of the same conduct, transaction, or occurrence and the new party received notice of the action within the Rule 4(m) period and knew or should have known that the action would have been brought against it.

Question 24Civil Litigation

If a party fails to obey an order to provide discovery, the court may:

  1. Dismiss the action, enter a default, or hold the party in contempt Correct answer.
  2. Wait until trial begins before imposing any sanction for the violation
  3. Issue a warning that further violations may lead to sanctions at trial
  4. Award attorney's fees but impose no other sanction for the violation

Explanation

Rule 37(b) authorizes a range of sanctions for disobeying a discovery order, including dismissal, default judgment, contempt, exclusion of evidence, and attorney's fees. The court may impose sanctions before trial.

Question 25Civil Litigation

Under Rule 68, if a plaintiff rejects a defendant's offer of judgment and later obtains a judgment less favorable than the offer, the plaintiff:

  1. Must pay the costs incurred after the offer was made Correct answer.
  2. May retry the case before a new jury
  3. Automatically loses the right to appeal
  4. Must pay the defendant's attorney's fees in all cases

Explanation

Rule 68 shifts the obligation to pay costs incurred after a rejected offer when the final judgment is not more favorable than the offer. Attorney's fees are included only if the governing statute or contract defines costs to include them.

Question 26Civil Litigation

Under the Federal Rules of Civil Procedure, proper service on an individual defendant within the forum state generally requires delivery of which documents?

  1. A copy of the complaint only
  2. A summons and a copy of the complaint Correct answer.
  3. A summons only, with the complaint to follow after appearance
  4. A notice of lawsuit and a copy of the answer

Explanation

Rule 4(c)(1) requires the plaintiff to serve the defendant with a summons and a copy of the complaint. The summons provides notice of the action, and the complaint states the claims against the defendant. Service of only one of these documents is generally insufficient.

Question 27Civil Litigation

Under Rule 26(b)(1), a party may obtain discovery of any nonprivileged matter that is:

  1. Admissible at trial and within the responding party's physical custody
  2. Reasonably calculated to lead to admissible evidence, without regard to proportionality
  3. Relevant to the subject matter of the action, regardless of burden or expense
  4. Relevant to any party's claim or defense and proportional to the needs of the case Correct answer.

Explanation

Rule 26(b)(1) permits discovery of nonprivileged material relevant to any party's claim or defense and proportional to the needs of the case, considering factors such as importance, burden, and resources. The 2015 amendments removed the old 'reasonably calculated' language and emphasized proportionality. Admissibility at trial is not required, and physical custody is not the test.

Question 28Civil Litigation

A defendant who wishes to challenge the court's exercise of personal jurisdiction must raise the defense:

  1. At any time before the trial begins
  2. Only by a motion filed before filing an answer
  3. Only in a post-trial motion for relief from judgment
  4. In the defendant's first Rule 12 motion or responsive pleading Correct answer.

Explanation

Under Rule 12(h)(1), the defense of lack of personal jurisdiction is waived if it is not raised in the party's first Rule 12 motion or in the responsive pleading. A defendant may raise the defense by motion or in the answer, but must do so at the first opportunity. Waiting until later in the case generally forfeits the defense.

Question 29Civil Litigation

Under Rule 23(b)(3), a court may certify a class action only if, in addition to the Rule 23(a) prerequisites, it finds that:

  1. The representative parties will fairly and adequately protect the class's interests
  2. The class action is superior to other methods and the class is sufficiently numerous
  3. Questions of law or fact common to class members predominate over individual questions and a class action is superior to other methods Correct answer.
  4. The class has at least 100 members and common questions of law or fact exist

Explanation

Rule 23(b)(3) requires predominance of common questions and superiority of the class action device, in addition to numerosity, commonality, typicality, and adequacy under Rule 23(a). It does not establish a fixed numerical threshold for class size. Fairness and adequacy are Rule 23(a) requirements, not the Rule 23(b)(3) test.

Question 30Contracts

A buyer mails a written acceptance of a seller's offer on Monday, and the seller receives it on Thursday. Under the mailbox rule, when is the contract formed?

  1. Thursday, when the seller received it
  2. Monday, when the acceptance was dispatched Correct answer.
  3. Only when the seller notifies the buyer of receipt
  4. Tuesday, when the letter left the buyer's city

Explanation

Under the mailbox rule, an acceptance is effective the moment it is dispatched, not when it is received. Exceptions apply when the offer is an option contract or the offer specifies that receipt is required.

Question 31Contracts

Which agreement must generally be evidenced by a writing to be enforceable under the Statute of Frauds?

  1. A contract to sell a used bicycle for $200
  2. A contract to lease an apartment for six months
  3. A contract that cannot be performed within one year Correct answer.
  4. A contract for weekly lawn care services

Explanation

The Statute of Frauds requires a signed writing for certain categories of contracts, one of which is an agreement that by its terms cannot be performed within one year of making. The other listed agreements fall outside the traditional categories.

Question 32Contracts

A party signs a contract only after the other party threatens physical harm unless the contract is signed. The contract is best described as:

  1. Voidable by the threatened party Correct answer.
  2. Voidable only if the threat was actually carried out
  3. Binding but subject to reformation
  4. Enforceable, because a signature is a signature

Explanation

A contract procured by duress is voidable at the election of the party who was coerced. The threat need not be executed; its effect on the victim's free will is what matters.

Question 33Contracts

A contract provides that the buyer's duty to pay arises only after the seller delivers a certificate of inspection. The delivery of the certificate is best described as:

  1. A condition subsequent
  2. A covenant of good faith
  3. A condition precedent Correct answer.
  4. An implied condition

Explanation

A condition precedent is an event that must occur before a party's duty to perform becomes absolute. Here, payment is not owed until the certificate is delivered, so the certificate is the triggering event.

Question 34Contracts

The standard measure of damages for breach of contract is intended to:

  1. Punish the party that breached the agreement
  2. Put the injured party where performance would have put it Correct answer.
  3. Restore the injured party to its pre-contract position
  4. Award a fixed statutory sum set by the court

Explanation

Contract damages protect the expectation interest by placing the injured party in the position it would have enjoyed had the promise been kept. Punitive damages are generally unavailable, and restoring the pre-contract position describes reliance or restitution rather than the standard measure.

Question 35Contracts

Which statement best describes a material breach?

  1. A failure that defeats the contract's essential purpose Correct answer.
  2. A slight deviation in performance that creates a claim for damages only
  3. A breach that occurs after the other party has already performed
  4. A delay in performance that the parties have agreed to excuse

Explanation

A material breach is a failure of performance so significant that it defeats the essential purpose of the contract and excuses the other party from further performance. Lesser deviations are minor breaches that give rise only to damages.

Question 36Contracts

Under the UCC, the implied warranty of merchantability arises automatically when:

  1. A merchant who deals in goods of that kind sells the goods Correct answer.
  2. A buyer purchases goods from a private individual at a garage sale
  3. The goods are sold for resale rather than for personal use
  4. The buyer and seller expressly agree to it in writing

Explanation

The implied warranty of merchantability arises when the seller is a merchant with respect to goods of the kind sold, and it promises that the goods are fit for their ordinary purpose. It does not require an express agreement and does not depend on whether the buyer resells.

Question 37Contracts

A novation differs from an assignment because a novation:

  1. Applies only to contracts for the sale of goods
  2. Adds a new party and discharges the original party's duty Correct answer.
  3. Requires no consent from the other contracting party
  4. Transfers rights while the original party remains bound

Explanation

A novation substitutes a new party for an original party and extinguishes the original party's obligations, which requires the consent of all parties. An assignment, by contrast, transfers rights and leaves the assignor's duties intact.

Question 38Contracts

A merchant signs a written offer to sell goods stating that it will remain open for 60 days. Under the UCC, the offer:

  1. Is irrevocable for up to three months without consideration Correct answer.
  2. Becomes binding only if the buyer pays a separate fee
  3. Is irrevocable for exactly six months under the UCC
  4. May be revoked at any time for lack of consideration

Explanation

Under UCC 2-205, a merchant's signed written offer assuring that it will be held open is irrevocable for the time stated, up to a maximum of three months, even without consideration. A promise to keep the offer open longer requires consideration to be enforceable beyond that period.

Question 39Contracts

A contractor already obligated by its contract to finish a building by June asks the owner for an extra $10,000 to meet that deadline, and the owner agrees. The owner's promise is generally:

  1. Unenforceable, because the contractor gave no new consideration Correct answer.
  2. Enforceable, because the owner voluntarily agreed to the increase
  3. Unenforceable only if the contractor misses the deadline
  4. Enforceable, because the contractor promised to work faster

Explanation

Under the pre-existing duty rule, a promise to do what one is already bound to do is not consideration for a new promise. The owner's agreement to pay more therefore lacks consideration, unless the contractor undertakes something genuinely beyond its original duty or a recognized exception applies.

Question 40Contracts

A 16-year-old contracts to buy a used car. After driving it for two months, the minor seeks to disaffirm. Generally the minor:

  1. Cannot disaffirm because the car has already been used
  2. Is bound because a car is a necessary of life
  3. May disaffirm, though many states require return of the property Correct answer.
  4. Must wait until age 21 to disaffirm in every state

Explanation

Contracts made by minors are voidable at the minor's election, and disaffirmance generally requires returning whatever remains of the consideration received. A car is ordinarily not a necessary, so the exception for food, shelter, and medical care does not apply.

Question 41Contracts

Both parties believe the parcel being sold contains 20 acres, but it actually contains 15. The contract is most likely:

  1. Voidable by either party for mutual mistake of material fact Correct answer.
  2. Enforceable because the seller bore the risk of the error
  3. Enforceable because the parties signed a written agreement
  4. Voidable only at the seller's option

Explanation

When both parties share a mistaken belief about a basic assumption underlying the contract and the mistake materially affects the exchange, the adversely affected party may avoid the contract. Because the mistake is mutual and material, avoidance is available rather than enforcement.

Question 42Contracts

Undue influence is most likely to be found when a contract is procured by:

  1. A price twenty percent above market value
  2. Unfair persuasion exploiting a confidential relationship Correct answer.
  3. A threat of criminal prosecution
  4. A minor's misrepresentation of age

Explanation

Undue influence arises when a party in a position of trust or dominance uses that position to overcome the other party's free will. A threat of prosecution points to duress, and an unfavorable price alone is insufficient.

Question 43Contracts

A court finds a contract term so one-sided and oppressive that no reasonable person would have agreed to it, and the bargaining process was flawed. The court may:

  1. Award punitive damages to the weaker party
  2. Refuse to enforce the contract or the offending term Correct answer.
  3. Enforce the term because freedom of contract is absolute
  4. Reform the contract only if both parties consent

Explanation

Unconscionability permits a court to refuse to enforce a contract or a clause, or to limit its application, when it is both procedurally and substantively unfair. Freedom of contract does not require enforcement of oppressive terms.

Question 44Contracts

Before the time for performance arrives, a seller clearly states it will not deliver the goods. The buyer may:

  1. Do nothing, because repudiation is not a breach
  2. Only wait until the performance date and then sue
  3. Sue only if the seller repeats the statement in writing
  4. Treat the repudiation as a breach and sue immediately Correct answer.

Explanation

An anticipatory repudiation gives the nonbreaching party the immediate option to treat the contract as breached and sue, or to await performance. The repudiation must be clear and unequivocal, but it need not be in writing.

Question 45Contracts

A builder completes a house with minor defects that can be remedied at modest cost. The builder has most likely:

  1. Earned nothing because performance was not perfect
  2. Breached an express condition and forfeited the price
  3. Committed a material breach excusing the owner from paying
  4. Substantially performed and may recover the price minus repair costs Correct answer.

Explanation

Substantial performance permits recovery of the contract price less the cost to cure minor defects, provided the breach is not material. Denying all recovery would work a forfeiture disproportionate to the harm.

Question 46Contracts

An employee is discharged in breach of a one-year employment contract and finds comparable work two months later. The employee's recovery is generally limited to:

  1. Lost wages for the full one-year term
  2. Lost wages for the two months before replacement work began Correct answer.
  3. Lost wages plus punitive damages
  4. Nothing, because the employee found other work

Explanation

The doctrine of avoidable consequences requires the injured party to mitigate damages, and wages from comparable replacement employment reduce the recoverable loss. Recovery is therefore limited to the period before the employee could reasonably have found substitute work.

Question 47Contracts

A liquidated damages clause is enforceable when the stipulated amount is:

  1. A reasonable forecast of loss that is hard to estimate Correct answer.
  2. Intended to punish the breaching party
  3. Any amount the parties agree to in a signed writing
  4. Set at twice the estimated actual damages

Explanation

A liquidated damages provision is valid when the amount is a reasonable prediction of anticipated loss and actual damages would be difficult to ascertain. A clause designed to penalize breach is unenforceable as a penalty.

Question 48Contracts

Promissory estoppel allows recovery when a party reasonably relies on a promise and:

  1. The promise is supported by consideration
  2. Injustice can be avoided only by enforcing the promise Correct answer.
  3. The reliance benefits the promisor
  4. The promise is in writing and signed

Explanation

Promissory estoppel enforces a promise without consideration where the promisor should reasonably expect reliance, reliance actually occurs, and injustice can be avoided only by enforcement. The absence of consideration is precisely why the doctrine is needed.

Question 49Contracts

A contract states that neither party may assign "this contract." Under the common law, such a clause generally bars:

  1. Only the delegation of duties to another party Correct answer.
  2. Only assignments made after the contract has been breached
  3. Neither assignments nor delegations under any circumstances
  4. Both the assignment of rights and the delegation of duties

Explanation

Courts construe a clause prohibiting assignment of "the contract" narrowly, treating it as barring only the delegation of duties. A clearer expression is required to restrict the assignment of rights.

Question 50Contracts

A contractor submits a bid based on its own arithmetic error, and the other party has no reason to know of the mistake. The contractor generally:

  1. Is bound; unilateral mistake rarely excuses performance Correct answer.
  2. May rescind, because any mistake of fact voids the entire contract
  3. May rescind if the arithmetic error exceeds five percent of the total bid
  4. Is bound only after the other party has fully performed

Explanation

A unilateral mistake generally does not permit avoidance unless the other party knew or had reason to know of the error, or enforcement would be unconscionable. An error unknown to the other side is ordinarily borne by the mistaken party.