Los Angeles Justicecorps Small Claims Quiz
(26).webp "Los Angeles Justicecorps Small Claims Quiz - Quiz")
This Assessment Test is given at the beginning and end of your JusticeCorps experience to evaluate your level of knowledge in the area of Small Claims Court. The purpose to the Assessment Test is to see if your level of knowledge and understanding has enhanced throughout the program. It is only for statistical purposes. This test will have no effect on your education award.
- 1.
What should a litigant do before filing a small claims case?
- A.
Ask for the money owed in person, phone or letter
- B.
Ask for the money owed by a formal letter only
- C.
Get an attorney to ask for the money owed
- D.
Nothing; a litigant can just file
Correct Answer
A. Ask for the money owed in person, phone or letterExplanation
Before filing a small claims case, a litigant should ask for the money owed in person, phone, or letter. This is important because it provides an opportunity for the litigant to resolve the issue without going to court. By directly communicating with the person who owes the money, the litigant can try to reach a mutual agreement or negotiate a settlement. This step demonstrates that the litigant has made a reasonable effort to resolve the matter outside of court, which may be required before filing a legal case.Rate this question:
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- 2.
What is the most an individual can sue for in a small claims court?
- A.
$5,000
- B.
$10,000
- C.
$7,500
- D.
$15,000
Correct Answer
C. $7,500Explanation
In a small claims court, the maximum amount an individual can sue for is typically limited to a certain monetary limit. In this case, the correct answer is $7,500. This means that if someone wants to file a lawsuit in a small claims court, they can seek damages up to $7,500. It is important to note that this limit may vary depending on the jurisdiction and the specific rules of the small claims court.Rate this question:
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- 3.
What is the most a business can sue for in a small claims court?
- A.
$5,000
- B.
$10,000
- C.
$15,000
- D.
7,500
Correct Answer
A. $5,000Explanation
In a small claims court, the maximum amount that a business can sue for is $5,000. This means that if a business has a dispute or claim against another party, they can only seek compensation up to this limit. Small claims courts are designed to handle relatively minor legal issues and provide a simplified and cost-effective process for resolving disputes. The $5,000 limit ensures that cases are dealt with efficiently and without the need for extensive legal representation.Rate this question:
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- 4.
What form is used to initiate a small claims case?
- A.
SC-200
- B.
SC-100
- C.
SR-300
- D.
SR-100
Correct Answer
B. SC-100Explanation
The form used to initiate a small claims case is SC-100. This form is specifically designed for individuals who wish to file a small claims case in court. It includes important information such as the plaintiff's contact details, the defendant's contact details, a description of the claim, and the requested relief. By completing and submitting the SC-100 form, individuals can officially begin the process of resolving their small claims dispute through the legal system.Rate this question:
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- 5.
What determines the court location where a small claims case is tried?
- A.
The court house nearest to where the defendant lives or works
- B.
Where the contract was signed or action performed
- C.
Where the accident took place
- D.
Any of the above
Correct Answer
D. Any of the aboveExplanation
The court location where a small claims case is tried can be determined by any of the options mentioned. It can be based on the proximity of the court house to where the defendant lives or works, where the contract was signed or action performed, or where the accident took place. The specific circumstances of the case will determine which location is appropriate for the trial.Rate this question:
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- 6.
What are examples of types of cases that may be heard in small claims court?
- A.
Landlord/tenant (non-eviction)
- B.
Car accident
- C.
Bad check
- D.
Divorce
- E.
A, B, and C only
Correct Answer
E. A, B, and C onlyExplanation
Small claims court is a specialized court where individuals can resolve legal disputes involving small amounts of money. It is designed to handle cases quickly and inexpensively. The examples provided in the answer options, such as landlord/tenant disputes (non-eviction), car accidents, and bad checks, are all common types of cases that may be heard in small claims court. Divorce cases, on the other hand, typically fall under family court jurisdiction and are not typically heard in small claims court. Therefore, the correct answer is A, B, and C only.Rate this question:
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- 7.
Once a small claims case is filed, how soon is it scheduled for court?
- A.
It is scheduled 20 to 70 days out
- B.
It is scheduled 5 to 10 days out
- C.
It is scheduled 40 to 60 days out
- D.
Its is scheduled the following day
Correct Answer
C. It is scheduled 40 to 60 days outExplanation
Once a small claims case is filed, it is typically scheduled for court 40 to 60 days out. This allows both parties involved to have sufficient time to prepare their case and gather any necessary evidence or documentation. This timeframe also allows for the court to allocate resources and schedule the case in a timely manner, considering other pending cases on their docket.Rate this question:
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- 8.
How does a litigant name a defendant in a small claims case?
- A.
John S. Doe
- B.
Smith and Hones A Corporation, DBA Continental Candies
- C.
Mary Smith, as an individual, and DBA Continental Candies
- D.
Smith & Hones, a partnership
- E.
All of the above
Correct Answer
E. All of the aboveExplanation
A litigant can name a defendant in a small claims case by using any of the options mentioned. They can name an individual defendant using their full name (John S. Doe), name a corporation doing business as Continental Candies (Smith and Hones A Corporation, DBA Continental Candies), name an individual defendant who is also doing business as Continental Candies (Mary Smith, as an individual, and DBA Continental Candies), or name a partnership (Smith & Hones, a partnership). Therefore, all of the options mentioned are correct ways to name a defendant in a small claims case.Rate this question:
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- 9.
How does a litigant notify a defendant of a hearing date? What ways listed below are adequate notification procedures?
- A.
Someone over the age of 18 that is not involved in the case personally hands the defendant the court papers
- B.
Defendant receives notice by certified mail (through the court only)
- C.
By the Sherriff
- D.
Registered processor
- E.
All of the above
Correct Answer
E. All of the aboveExplanation
The litigant can notify a defendant of a hearing date by having someone over the age of 18, who is not involved in the case, personally hand the court papers to the defendant. The defendant can also receive notice by certified mail through the court or by the sheriff. Another option is to use a registered processor to deliver the court papers. All of these methods are considered adequate notification procedures.Rate this question:
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- 10.
In Small Claims defendants must be served in California, except:
- A.
If the case involves an auto accident that took place in CA
- B.
If the case involves an internet transaction with an out-of-state defendant
- C.
If the case involves property owned by an out-of-state defendant
- D.
If the case involves property owned by an out-of-state defendant
- E.
A & C
Correct Answer
E. A & CExplanation
In small claims court in California, defendants must be served with legal documents, notifying them of the lawsuit. However, there are exceptions to this rule. In the case of an auto accident that took place in California, the defendant does not need to be served within the state. Similarly, if the case involves property owned by an out-of-state defendant, they also do not need to be served in California. Therefore, the correct answer is A & C, as both options state situations where defendants do not need to be served in California.Rate this question:
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- 11.
How many days before the trial date does the defendant have to be personally served?
- A.
15 days in County and 20 days out of County
- B.
5 days in County and 10 days out of County
- C.
70 days in County and 70 days out of County
Correct Answer
A. 15 days in County and 20 days out of CountyExplanation
The defendant must be personally served 15 days before the trial date if the trial is taking place within the same county. If the trial is taking place outside of the county, the defendant must be personally served 20 days before the trial date.Rate this question:
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- 12.
When can attorneys represent litigants in small claims court?
- A.
Only on an appeal
- B.
Only if the judge allows it
- C.
Attorneys can never represent litigants in Small Claims Court
- D.
Attorneys can Always represent litigants in Small Claims Court
Correct Answer
A. Only on an appealExplanation
Attorneys can only represent litigants in small claims court on an appeal. This means that if a party is dissatisfied with the decision made in small claims court and wishes to challenge it, they can hire an attorney to represent them during the appeal process. However, during the initial proceedings in small claims court, attorneys are not typically allowed to represent litigants.Rate this question:
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- 13.
How does one get a witness to come to court and testify?
- A.
Ask for a witness to come testify
- B.
Subpoena a witness to come and testify
- C.
All of the above
Correct Answer
C. All of the aboveExplanation
All of the above options are correct. To get a witness to come to court and testify, one can either ask the witness directly to come and testify or subpoena the witness, which is a legal order that requires the witness to appear in court and testify. Both methods are valid ways to ensure a witness's presence in court for testimony.Rate this question:
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- 14.
If a defendant is sued in the wrong court, what can he/she do?
- A.
Challenge the court venue by writing a letter to the court
- B.
There is nothing to do
- C.
Sue the court
- D.
Not show up to the hearing because it is the wrong court
Correct Answer
A. Challenge the court venue by writing a letter to the courtExplanation
If a defendant is sued in the wrong court, they can challenge the court venue by writing a letter to the court. This is because the defendant has the right to have the case heard in the proper jurisdiction. By writing a letter, the defendant can inform the court of the incorrect venue and request that the case be transferred to the appropriate court. This allows the defendant to ensure that their rights are protected and that the case is heard in the proper jurisdiction.Rate this question:
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- 15.
If a defendant wants to counter-sue a plaintiff in small claims court for $10,000 what can he/she do?
- A.
The defendant can sue for the maximum amount and forgo the difference
- B.
The defendant can take it to a higher court
- C.
Defendants can not counter sue
- D.
None of the above
- E.
A and B only
Correct Answer
E. A and B onlyExplanation
The correct answer is A and B only. This means that if a defendant wants to counter-sue a plaintiff in small claims court for $10,000, they have two options. They can sue for the maximum amount allowed in small claims court and forgo any amount above that limit. Alternatively, they can choose to take the case to a higher court where there may be no limit on the amount they can sue for.Rate this question:
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- 16.
If a defendant cannot attend a court date, what can he/she do?
- A.
File a SC-110 and request for postponement 10 days before the court date
- B.
File a SC-110 and request for the hearing to be canceled
- C.
They will automatically lose the case if they try to change the date
- D.
File a SC-110 and pay a fine of 200 dollars to have the hearing date changed
Correct Answer
A. File a SC-110 and request for postponement 10 days before the court dateExplanation
If a defendant cannot attend a court date, they can file a SC-110 and request for a postponement 10 days before the court date. This allows them to formally request a change in the date of the hearing, giving them more time to prepare or resolve any conflicts that prevent them from attending. It is important for the defendant to follow the proper procedure and request the postponement within the specified timeframe to have a chance at rescheduling the court date.Rate this question:
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- 17.
If a defendant misses his/her trial date, what can he/she do?
- A.
File SC-135 Motion to Vacate Judgment
- B.
If a defendant misses his/her trial date there is nothing left to do other than obey the courts order
- C.
File a SC-135 Motion to Vacate Judgment and pay a 500 dollar fine
- D.
None of the above
Correct Answer
A. File SC-135 Motion to Vacate JudgmentExplanation
If a defendant misses his/her trial date, they can file a SC-135 Motion to Vacate Judgment. This motion is a legal document that requests the court to set aside the judgment that was made in the defendant's absence. By filing this motion, the defendant is essentially asking for another chance to present their case and have a fair trial. It is important to note that simply obeying the court's order and paying a fine is not an option in this situation.Rate this question:
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- 18.
What can a plaintiff do to collect on a small claims judgment?
- A.
Obtain a bank levy
- B.
Do a till tap or a wage garnishment
- C.
Keeper or vehicle levy or record an abstract of judgment on real property
- D.
All of the above
- E.
None of the above
Correct Answer
D. All of the aboveExplanation
A plaintiff can collect on a small claims judgment by using various methods such as obtaining a bank levy, doing a till tap or a wage garnishment, and implementing a keeper or vehicle levy or recording an abstract of judgment on real property. This means that all of the options mentioned in the question are correct and can be used by the plaintiff to collect the judgment amount.Rate this question:
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- 19.
If a plaintiff wants to collect on a judgment and only has the defendants address and needs additional information what can he/she do?
- A.
Request a court order for a debtor’s examination and a statement of assets
- B.
Check with the recorders office
- C.
They cannot do anything
- D.
A and B only
Correct Answer
D. A and B onlyExplanation
If a plaintiff wants to collect on a judgment and only has the defendant's address and needs additional information, they can request a court order for a debtor's examination and a statement of assets. This allows the plaintiff to legally compel the defendant to provide information about their assets and financial situation. Additionally, the plaintiff can check with the recorder's office to gather any public records or documents that may provide further information about the defendant's assets or financial status.Rate this question:
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- 20.
How many years does a plaintiff have to collect on small claims judgment?
- A.
10 years and it can be renewed for an additional 10 years
- B.
5 years and it can be renewed for an additional 5 years
- C.
2 years and it can be renewed for an additional year
- D.
1 year and it can not be renewed
Correct Answer
A. 10 years and it can be renewed for an additional 10 yearsExplanation
A plaintiff has 10 years to collect on a small claims judgment, and this time period can be extended for an additional 10 years through renewal. This means that the plaintiff has a total of 20 years to pursue collection on the judgment.Rate this question:
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- 21.
Yes or No-Can a plaintiff appeal a small claims court judgment?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
A plaintiff cannot appeal a small claims court judgment. Small claims courts are designed to handle disputes involving smaller amounts of money, typically under a certain threshold. These courts operate with simplified procedures and limited jurisdiction, aiming to provide a faster and less formal resolution for parties involved. As a result, the decisions made in small claims court are usually final and cannot be appealed.Rate this question:
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- 22.
Yes or No-Can a collection agency file a small claims court action?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
A collection agency typically cannot file a small claims court action on its own behalf. Small claims court actions are usually filed by individuals or businesses seeking to collect a debt owed to them. Collection agencies, on the other hand, are hired by creditors to collect debts on their behalf. They can send notices and make phone calls to the debtor, but they usually do not have the authority to file a lawsuit in small claims court.Rate this question:
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Current Version
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Jul 25, 2023Quiz Edited by
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Sep 07, 2010Quiz Created by
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