Question 1

Fact pleading is the simplest form of pleading.

Accepted Answer

A) True 
 B)False

Question 2

What information must be presented to allege jurisdiction in a state court?

Accepted Answer

Names and domiciles of parties

Question 3

A real party in interest is

Accepted Answer

A)  the employer of the injured person. 
B)  a key witness. 
C)  the person who caused the injury. 
D)  the attorney for the plaintiff. 
A)  the employer of the injured person. 
B)  a key witness. 
C)  the person who caused the injury. 
D)  the attorney for the plaintiff.

Question 4

Pleadings are

Accepted Answer

A)  formal documents that set out claims and defenses. 
B)  statements of guilt or innocence. 
C)  informal exchanges between parties. 
D)  discovery devices. 
A)  formal documents that set out claims and defenses. 
B)  statements of guilt or innocence. 
C)  informal exchanges between parties. 
D)  discovery devices.

Question 5

Draft both a fact and a notice complaint for the Briar Patch Dolls, Inc. case (Case IV in Chapter 1).
Find examples of contract cases with similar facts to the Briar Patch Dolls case or locate form books to assist in preparing the complaints.

Accepted Answer

Answers will vary, but the following are

Question 6

A guardian ad litem permits suit when

Accepted Answer

A)  a corporation is a party. 
B)  there is no interpleader. 
C)  there is a lack of capacity. 
D)  multiple parties are joined. 
A)  a corporation is a party. 
B)  there is no interpleader. 
C)  there is a lack of capacity. 
D)  multiple parties are joined.

Question 7

Name two documents filed to require a party to do or refrain from doing some act.

Accepted Answer

Preliminary injuncti

Question 8

What Federal Rules of Civil Procedure cover notice pleading requirements? Compare and contrast fact (code) pleading with notice pleading.

Accepted Answer

Rules 8, 9, 10.
Notice pleading requires

Question 9

Should an insurance company have to pay exemplary damages on behalf of the insured? State arguments for and against.

Accepted Answer

This answer is subjective, but possible

Question 10

Venue must be alleged in federal complaints.

Accepted Answer

A) True 
 B)False

Question 11

A complaint is the formal introduction of a lawsuit.

Accepted Answer

A) True 
 B)False

Question 12

List and give examples of four types of remedies typically sought by plaintiffs in civil litigation.

Accepted Answer

Examples will vary, but may include the

Question 13

Appendices to complaints usually include

Accepted Answer

A)  contracts. 
B)  explanatory material. 
C)  bills of lading. 
D)  motions to dismiss. 
A)  contracts. 
B)  explanatory material. 
C)  bills of lading. 
D)  motions to dismiss.

Question 14

Briar Patch Dolls (Case IV) does most of its business in Columbia, where Teeny Tiny Manufacturing is located, but federal diversity exists because Briar Patch is incorporated in Ohio.

Accepted Answer

A) True 
 B)False

Question 15

Exemplary damages

Accepted Answer

A)  compensate for emotional trauma. 
B)  seek recovery of property. 
C)  punish particularly reckless conduct. 
D)  force performance of a contract. 
A)  compensate for emotional trauma. 
B)  seek recovery of property. 
C)  punish particularly reckless conduct. 
D)  force performance of a contract.

Question 16

Describe and define the other common forms of relief: recovery of property, injunction, and specific performance.

Accepted Answer

1. Recovery of property is a remedy avai

Question 17

Some states limit the liability of "deep pocket" defendants according to their percentage of the degree of fault.

Accepted Answer

A) True 
 B)False

Question 18

An injured child has capacity to sue.

Accepted Answer

A) True 
 B)False

Question 19

Why must jurisdiction always be alleged in federal courts but not all state courts?

Accepted Answer

Federal courts are courts of limited sub

Question 20

An example of a person who has standing to sue is

Accepted Answer

A)  a retailer who will lose business next year because of an unfulfilled advertising contract. 
B)  the adult daughter of a man who suffered food poisoning at a restaurant. 
C)  a woman who was upset when a friend's dog was killed by a reckless driver. 
D)  a homeowner who thinks a neighbor intends to let his property become an eyesore. 
A)  a retailer who will lose business next year because of an unfulfilled advertising contract. 
B)  the adult daughter of a man who suffered food poisoning at a restaurant. 
C)  a woman who was upset when a friend's dog was killed by a reckless driver. 
D)  a homeowner who thinks a neighbor intends to let his property become an eyesore.

Fact pleading is the simplest form of pleading.

What information must be presented to allege jurisdiction in a state court?

A real party in interest is

Pleadings are

Draft both a fact and a notice complaint for the Briar Patch Dolls, Inc. case (Case IV in Chapter 1). Find examples of contract cases with similar facts to the Briar Patch Dolls case or locate form books to assist in preparing the complaints.

A guardian ad litem permits suit when

Name two documents filed to require a party to do or refrain from doing some act.

What Federal Rules of Civil Procedure cover notice pleading requirements? Compare and contrast fact (code) pleading with notice pleading.

Should an insurance company have to pay exemplary damages on behalf of the insured? State arguments for and against.

Venue must be alleged in federal complaints.

A complaint is the formal introduction of a lawsuit.

List and give examples of four types of remedies typically sought by plaintiffs in civil litigation.

Appendices to complaints usually include

Briar Patch Dolls (Case IV) does most of its business in Columbia, where Teeny Tiny Manufacturing is located, but federal diversity exists because Briar Patch is incorporated in Ohio.

Exemplary damages

Describe and define the other common forms of relief: recovery of property, injunction, and specific performance.

Some states limit the liability of "deep pocket" defendants according to their percentage of the degree of fault.

An injured child has capacity to sue.

Why must jurisdiction always be alleged in federal courts but not all state courts?

An example of a person who has standing to sue is

Welcome to the Law Office: Foundations for Litigation

The Initial Interview

Evidence and Investigation

Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

Defending and Testing the Lawsuit: Motions, Answers, and Other Responsive Pleadings

Discovery and Electronic Discovery: Overview and Interrogatories

Discovery: Depositions

Document Production and Control, Medical Exams, Admissions, and Compelling Discovery

Settlement and Other Alternative Dispute

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters

Exam 4: Drafting the Complaint

Fact pleading is the simplest form of pleading.

What information must be presented to allege jurisdiction in a state court?

A real party in interest is

Pleadings are

Draft both a fact and a notice complaint for the Briar Patch Dolls, Inc. case (Case IV in Chapter 1). Find examples of contract cases with similar facts to the Briar Patch Dolls case or locate form books to assist in preparing the complaints.

A guardian ad litem permits suit when

Name two documents filed to require a party to do or refrain from doing some act.

What Federal Rules of Civil Procedure cover notice pleading requirements? Compare and contrast fact (code) pleading with notice pleading.

Should an insurance company have to pay exemplary damages on behalf of the insured? State arguments for and against.

Venue must be alleged in federal complaints.

A complaint is the formal introduction of a lawsuit.

List and give examples of four types of remedies typically sought by plaintiffs in civil litigation.

Appendices to complaints usually include

Briar Patch Dolls (Case IV) does most of its business in Columbia, where Teeny Tiny Manufacturing is located, but federal diversity exists because Briar Patch is incorporated in Ohio.

Exemplary damages

Describe and define the other common forms of relief: recovery of property, injunction, and specific performance.

Some states limit the liability of "deep pocket" defendants according to their percentage of the degree of fault.

An injured child has capacity to sue.

Why must jurisdiction always be alleged in federal courts but not all state courts?

An example of a person who has standing to sue is

Welcome to the Law Office: Foundations for Litigation

The Initial Interview

Evidence and Investigation

Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

Defending and Testing the Lawsuit: Motions, Answers, and Other Responsive Pleadings

Discovery and Electronic Discovery: Overview and Interrogatories

Discovery: Depositions

Document Production and Control, Medical Exams, Admissions, and Compelling Discovery

Settlement and Other Alternative Dispute

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters