Question 1

What is the difference between the entry of default and the entry of default judgment?

Accepted Answer

Entry of default establishes t

Question 2

A request for entry of default judgment is often accompanied by an affidavit to show

Accepted Answer

A)  jurisdiction. 
B)  incapacity of defendant. 
C)  nonmilitary service. 
D)  service of process. 
A)  jurisdiction. 
B)  incapacity of defendant. 
C)  nonmilitary service. 
D)  service of process.

Question 3

Entry of a default judgment on military personnel is allowed if they are on active duty.

Accepted Answer

A) True 
 B)False

Question 4

Prepare the necessary documents for filing Case II, the Ameche case, for both federal and your state courts. Use the sample forms provided in this chapter and the completed forms as a guide. Assume there is diversity jurisdiction. Check for accuracy.

Accepted Answer

The data sheets found in Chapters 2 and

Question 5

In default judgments a monetary amount not readily challengeable or subject to reasonable dispute is called special damages.

Accepted Answer

A) True 
 B)False

Question 6

Constructive service is most often used in in rem actions.

Accepted Answer

A) True 
 B)False

Question 7

The court cannot gain personal jurisdiction over the defendant until what happens?

Accepted Answer

The answer of The court cannot gain personal jurisdiction over...

Question 8

Go to on Electronic Access to Courts, click on Case Management/ Electronic Case Files Project, click on Court Links, then click on the links to your federal district court. Explore the site for free tutorials and materials on the CM/ECF system. Work through the online tutorial. If your court does not have a tutorial, link to one that does.

Accepted Answer

Students should gain insight a

Question 9

The best person to contact to find out what documents are necessary to file a lawsuit is the

Accepted Answer

A)  bailiff. 
B)  clerk of the specified court. 
C)  county clerk. 
D)  court administrator. 
A)  bailiff. 
B)  clerk of the specified court. 
C)  county clerk. 
D)  court administrator.

Question 10

The Freedom of Information Act may be helpful in finding the address of a defendant.

Accepted Answer

A) True 
 B)False

Question 11

The Federal Collections Act is important in quasi in rem cases.

Accepted Answer

A) True 
 B)False

Question 12

Internet contacts are insufficient for the use of long-arm statutes.

Accepted Answer

A) True 
 B)False

Question 13

In rem actions attach property to pay a judgment in an unrelated case.

Accepted Answer

A) True 
 B)False

Question 14

Assume for purposes of this assignment that Mr. Hart is an incompetent person; that he is the only defendant in the Ann Forrester case; that Mr. Hart's guardian has been served with a summons and complaint; and that the guardian did not respond within the required 20 days. Draft the necessary state documents to obtain a default judgment in the case. Use your checklist.

Accepted Answer

This research and drafting assignment sh

Question 15

What is a default judgment? What is the benefit to the plaintiff of a default judgment?

Accepted Answer

If the defendant does not file an answer

Question 16

Draft a brief Checklist for Filing and Service of Documents Subsequent to the Complaint-Federal and a similar one for your state. Note the applicable rules for future reference, including any on e- filing and service. Place the checklists in your systems folder.

Accepted Answer

Provide state procedures and rules; the

Question 17

All of the following may be immune from service of process except

Accepted Answer

A)  witnesses attending trial. 
B)  agents of the United States. 
C)  defendants brought into a state by force. 
D)  defendants traveling to a trial. 
A)  witnesses attending trial. 
B)  agents of the United States. 
C)  defendants brought into a state by force. 
D)  defendants traveling to a trial.

Question 18

Why isn't the state's sovereign control over property enough to exercise either in rem and quasi in rem jurisdiction?

Accepted Answer

One might characterize quasi in rem stat

Question 19

Service of process establishes personal venue.

Accepted Answer

A) True 
 B)False

Question 20

Long-arm statutes allow service of process on out-of-state defendants as long as

Accepted Answer

A)  the defendant is a corporation. 
B)  service is by a U.S. marshal. 
C)  the defendant has had sufficient contacts with the state. 
D)  the plaintiff is also out of state. 
A)  the defendant is a corporation. 
B)  service is by a U.S. marshal. 
C)  the defendant has had sufficient contacts with the state. 
D)  the plaintiff is also out of state.

What is the difference between the entry of default and the entry of default judgment?

A request for entry of default judgment is often accompanied by an affidavit to show

Entry of a default judgment on military personnel is allowed if they are on active duty.

Prepare the necessary documents for filing Case II, the Ameche case, for both federal and your state courts. Use the sample forms provided in this chapter and the completed forms as a guide. Assume there is diversity jurisdiction. Check for accuracy.

In default judgments a monetary amount not readily challengeable or subject to reasonable dispute is called special damages.

Constructive service is most often used in in rem actions.

The court cannot gain personal jurisdiction over the defendant until what happens?

The best person to contact to find out what documents are necessary to file a lawsuit is the

The Freedom of Information Act may be helpful in finding the address of a defendant.

The Federal Collections Act is important in quasi in rem cases.

Internet contacts are insufficient for the use of long-arm statutes.

In rem actions attach property to pay a judgment in an unrelated case.

What is a default judgment? What is the benefit to the plaintiff of a default judgment?

Draft a brief Checklist for Filing and Service of Documents Subsequent to the Complaint-Federal and a similar one for your state. Note the applicable rules for future reference, including any on e- filing and service. Place the checklists in your systems folder.

All of the following may be immune from service of process except

Why isn't the state's sovereign control over property enough to exercise either in rem and quasi in rem jurisdiction?

Service of process establishes personal venue.

Long-arm statutes allow service of process on out-of-state defendants as long as

Welcome to the Law Office: Foundations for Litigation

The Initial Interview

Evidence and Investigation

Drafting the Complaint

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

What is the difference between the entry of default and the entry of default judgment?

A request for entry of default judgment is often accompanied by an affidavit to show

Entry of a default judgment on military personnel is allowed if they are on active duty.

Prepare the necessary documents for filing Case II, the Ameche case, for both federal and your state courts. Use the sample forms provided in this chapter and the completed forms as a guide. Assume there is diversity jurisdiction. Check for accuracy.

In default judgments a monetary amount not readily challengeable or subject to reasonable dispute is called special damages.

Constructive service is most often used in in rem actions.

The court cannot gain personal jurisdiction over the defendant until what happens?

The best person to contact to find out what documents are necessary to file a lawsuit is the

The Freedom of Information Act may be helpful in finding the address of a defendant.

The Federal Collections Act is important in quasi in rem cases.

Internet contacts are insufficient for the use of long-arm statutes.

In rem actions attach property to pay a judgment in an unrelated case.

What is a default judgment? What is the benefit to the plaintiff of a default judgment?

Draft a brief Checklist for Filing and Service of Documents Subsequent to the Complaint-Federal and a similar one for your state. Note the applicable rules for future reference, including any on e- filing and service. Place the checklists in your systems folder.

All of the following may be immune from service of process except

Why isn't the state's sovereign control over property enough to exercise either in rem and quasi in rem jurisdiction?

Service of process establishes personal venue.

Long-arm statutes allow service of process on out-of-state defendants as long as

Welcome to the Law Office: Foundations for Litigation

The Initial Interview

Evidence and Investigation

Drafting the Complaint

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