Exam 5: Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

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A default judgment hearing requires evidence to prove a cause of action.

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What time limits are involved in setting aside a default judgment?

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What is the filing fee to file a civil action in federal court? In your state court?

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Except when the federal waiver of service is used, at the start of a civil lawsuit the defendant must be served with the

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A judge for the lawsuit may be assigned by the clerk of court.

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Who is immune from service of process and when?

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The summons

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In state court, the person most likely to serve process is the

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Assume that Richard Hart, one of the defendants in the Forrester case, was served but did not respond. Prepare the documents for obtaining a default judgment according to the rules in your jurisdiction.

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What are long-arm statutes? What injustice do they attempt to remedy? What is meant by "minimum contacts" and constitutional "fair play"?

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Who should sign the Civil Cover Sheet?

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To whom is the request for entry of default judgment submitted?

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Do federal statutes permit nationwide service of process?

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What cautions should be observed in locating defendants?

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Entry of a default judgment ends the case in favor of the plaintiff.

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A civil cover sheet is required in filing lawsuits in some states but not in federal cases.

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Case deadlines in an action stem from the filing of the request for service of process.

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Documents to file a lawsuit must be delivered to the clerk of court in person.

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A one-year statute of limitations and the need of an injured party to first file an administrative claim applies to the Federal Tort Claims Act.

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How is service of process generally achieved in your state court system? What items are needed?

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