Question 1

What is a motion? State the purposes of motions in general.

Accepted Answer

A motion is a request to the court for a

Question 2

What is the difference between compulsory and permissive counterclaims?

Accepted Answer

Compulsory counterclaims arise from orig

Question 3

Removal of an action from state court is permitted

Accepted Answer

A)  if unrelated to a federal question case. 
B)  in workers' compensation cases. 
C)  by U.S. agencies and officers. 
D)  in all class action cases. 
A)  if unrelated to a federal question case. 
B)  in workers' compensation cases. 
C)  by U.S. agencies and officers. 
D)  in all class action cases.

Question 4

Cases that establish precedent should be cited in pleadings.

Accepted Answer

A) True 
 B)False

Question 5

From the steps for preparing and filing a third-party complaint, create a checklist for third-party practice and place it in your systems folder. See Federal Forms 22A and 22B. Note any variations in local practice.

Accepted Answer

1. Obtain all necessary information on t

Question 6

What is the purpose of a supporting affidavit in motion practice? A supporting memorandum of law? What is the difference between the two?

Accepted Answer

A separate document, called a memorandum

Question 7

Unless they are denied, allegations in the complaint are deemed admitted.

Accepted Answer

A) True 
 B)False

Question 8

What does it mean to use a motion to preserve the record for appeal?

Accepted Answer

The motion is the re

Question 9

Permissive counterclaims

Accepted Answer

A)  may include unrelated claims. 
B)  do not require an assertion of jurisdiction. 
C)  must be brought in the answer. 
D)  are claims against codefendants. 
A)  may include unrelated claims. 
B)  do not require an assertion of jurisdiction. 
C)  must be brought in the answer. 
D)  are claims against codefendants.

Question 10

How can the syllogism method help you attack a complaint for the defendant?

Accepted Answer

1. Check that all minor premis

Question 11

Enter a reference to or copy of the notice of removal to federal court in your systems folder.
Develop your own brief checklist for the required procedural stages and place that in your systems folder.

Accepted Answer

Removal Procedure, 28 U.S.C. § 1446
1. F

Question 12

Federal Rule 6(d) requires that the motion be served on the adverse party prior to the hearing on the motion

Accepted Answer

A)  ten days 
B)  three days 
C)  one day 
D)  five days 
A)  ten days 
B)  three days 
C)  one day 
D)  five days

Question 13

How may a plaintiff respond to affirmative defenses?

Accepted Answer

Response is not required, but

Question 14

Describe the detailed procedure for filing and serving motions. What federal and state rules apply?

Accepted Answer

A motion must be served not less than fi

Question 15

A response to a motion

Accepted Answer

A)  may be sufficient for a judge to deny the motion without a hearing. 
B)  can become the basis for a possible oral argument before the judge. 
C)  is unnecessary if there is a hearing. 
D)  may not include legal authority. 
A)  may be sufficient for a judge to deny the motion without a hearing. 
B)  can become the basis for a possible oral argument before the judge. 
C)  is unnecessary if there is a hearing. 
D)  may not include legal authority.

Question 16

Defenses to be alleged affirmatively include

Accepted Answer

A)  res gestae. 
B)  failure of payment. 
C)  latches and hinges. 
D)  estoppel. 
A)  res gestae. 
B)  failure of payment. 
C)  latches and hinges. 
D)  estoppel.

Question 17

What may be changed or added in amendments to pleadings? What may not? Theorize about why this is so.

Accepted Answer

Amendments may be used to repair defects

Question 18

What are the other motions attacking the complaint? State their purposes.

Accepted Answer

Motion to Strike and Motion fo

Question 19

What is the purpose of the answer? When must it be filed? What rule is applicable?

Accepted Answer

The answer is a formal pleading filed in

Question 20

What weaknesses in the complaint indicate a failure to state a claim and, thus, would be grounds for a motion to dismiss?

Accepted Answer

Lack of a required element (mi

What is a motion? State the purposes of motions in general.

What is the difference between compulsory and permissive counterclaims?

Removal of an action from state court is permitted

Cases that establish precedent should be cited in pleadings.

From the steps for preparing and filing a third-party complaint, create a checklist for third-party practice and place it in your systems folder. See Federal Forms 22A and 22B. Note any variations in local practice.

What is the purpose of a supporting affidavit in motion practice? A supporting memorandum of law? What is the difference between the two?

Unless they are denied, allegations in the complaint are deemed admitted.

What does it mean to use a motion to preserve the record for appeal?

Permissive counterclaims

How can the syllogism method help you attack a complaint for the defendant?

Enter a reference to or copy of the notice of removal to federal court in your systems folder. Develop your own brief checklist for the required procedural stages and place that in your systems folder.

Federal Rule 6(d) requires that the motion be served on the adverse party prior to the hearing on the motion

How may a plaintiff respond to affirmative defenses?

Describe the detailed procedure for filing and serving motions. What federal and state rules apply?

A response to a motion

Defenses to be alleged affirmatively include

What may be changed or added in amendments to pleadings? What may not? Theorize about why this is so.

What are the other motions attacking the complaint? State their purposes.

What is the purpose of the answer? When must it be filed? What rule is applicable?

What weaknesses in the complaint indicate a failure to state a claim and, thus, would be grounds for a motion to dismiss?

Welcome to the Law Office: Foundations for Litigation

The Initial Interview

Evidence and Investigation

Drafting the Complaint

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

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

What is a motion? State the purposes of motions in general.

What is the difference between compulsory and permissive counterclaims?

Removal of an action from state court is permitted

Cases that establish precedent should be cited in pleadings.

From the steps for preparing and filing a third-party complaint, create a checklist for third-party practice and place it in your systems folder. See Federal Forms 22A and 22B. Note any variations in local practice.

What is the purpose of a supporting affidavit in motion practice? A supporting memorandum of law? What is the difference between the two?

Unless they are denied, allegations in the complaint are deemed admitted.

What does it mean to use a motion to preserve the record for appeal?

Permissive counterclaims

How can the syllogism method help you attack a complaint for the defendant?

Enter a reference to or copy of the notice of removal to federal court in your systems folder. Develop your own brief checklist for the required procedural stages and place that in your systems folder.

Federal Rule 6(d) requires that the motion be served on the adverse party prior to the hearing on the motion

How may a plaintiff respond to affirmative defenses?

Describe the detailed procedure for filing and serving motions. What federal and state rules apply?

A response to a motion

Defenses to be alleged affirmatively include

What may be changed or added in amendments to pleadings? What may not? Theorize about why this is so.

What are the other motions attacking the complaint? State their purposes.

What is the purpose of the answer? When must it be filed? What rule is applicable?

What weaknesses in the complaint indicate a failure to state a claim and, thus, would be grounds for a motion to dismiss?

Welcome to the Law Office: Foundations for Litigation

The Initial Interview

Evidence and Investigation

Drafting the Complaint

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

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