Question 1

Judgment on the pleadings and summary judgment vary in that

Accepted Answer

A)  only judgment on the pleadings is raised by motion. 
B)  only summary judgment is designed to reach behind the pleading to other evidence. 
C)  any summary judgment is appropriate for third-party practice. 
D)  only judgment on the pleadings can end the lawsuit. 
A)  only judgment on the pleadings is raised by motion. 
B)  only summary judgment is designed to reach behind the pleading to other evidence. 
C)  any summary judgment is appropriate for third-party practice. 
D)  only judgment on the pleadings can end the lawsuit.

Question 2

Draft the Notice of Removal to have the case against Allen Howard removed to federal court, as Mr.
McDuff requested.

Accepted Answer

Encourage students to use Exhibit 6.10 i

Question 3

Be able to list style and content considerations for drafting an answer, including those that apply to denials.

Accepted Answer

The answer should be drafted similarly t

Question 4

Verify in the Pleadings, Motions, and Time Limits table the deadlines for amended pleadings set out in this chapter and in Rule 15. In addition, draft a checklist of procedures and time limits regarding amended pleadings, and add it to the systems folder.

Accepted Answer

Checklist for Amended Pleadings
1. Permi

Question 5

Legal authority is presented in a memorandum of motion.

Accepted Answer

A) True 
 B)False

Question 6

A motion must always be accompanied by a(n)

Accepted Answer

A)  affidavit. 
B)  notice of motion. 
C)  memorandum of law. 
D)  all of the above. 
A)  affidavit. 
B)  notice of motion. 
C)  memorandum of law. 
D)  all of the above.

Question 7

What is the purpose of motions? What are the components of motions? What federal rules establish motion requirements?

Accepted Answer

• To obtain judicial relief, to narrow i

Question 8

It is best not to plead inconsistent facts where verification is required.

Accepted Answer

A) True 
 B)False

Question 9

A response to a motion must be served not later than one day before the hearing on the motion.

Accepted Answer

A) True 
 B)False

Question 10

Electronic service of documents requires

Accepted Answer

A)  three days to be added to the time limit for response. 
B)  the time limit for response to be shortened by three days. 
C)  the time limit for response to be shortened by one day. 
D)  one day to be added to the time limit for response. 
A)  three days to be added to the time limit for response. 
B)  the time limit for response to be shortened by three days. 
C)  the time limit for response to be shortened by one day. 
D)  one day to be added to the time limit for response.

Question 11

Notice of removal should

Accepted Answer

A)  be served with the answer. 
B)  state facts in support of state jurisdiction. 
C)  state that all defendants have joined in the removal action. 
D)  remand the action to state court. 
A)  be served with the answer. 
B)  state facts in support of state jurisdiction. 
C)  state that all defendants have joined in the removal action. 
D)  remand the action to state court.

Question 12

In your systems folder, place page references to the documents in the text needed to file a motion to dismiss the complaint. Add any pertinent state practice forms.

Accepted Answer

This will vary accor

Question 13

Under Federal Rule 6(a) and (e) (where applicable), what are the following due dates?
a. Three days before a hearing on Monday, April 8.

Accepted Answer

Wednesday, April 3. Day of the

Question 14

Pleadings, once filed, cannot be changed.

Accepted Answer

A) True 
 B)False

Question 15

A special demurrer is similar to

Accepted Answer

A)  a motion to make more definite and certain. 
B)  a motion to strike. 
C)  a motion for summary judgment. 
D)  default. 
A)  a motion to make more definite and certain. 
B)  a motion to strike. 
C)  a motion for summary judgment. 
D)  default.

Question 16

What is the penalty for claiming insufficient information to form a belief in the answer simply to avoid the work of investigation?

Accepted Answer

A finding that the a

Question 17

What defenses must be filed in motions previous to the answer or in the answer? Why is this important?

Accepted Answer

Lack of personal jurisdiction, improper

Question 18

The basic requirements for a motion are set out in Federal Rule of Civil Procedure

Accepted Answer

A)  4. 
B)  12(e). 
C)  7(b). 
D)  59. 
A)  4. 
B)  12(e). 
C)  7(b). 
D)  59.

Question 19

Argumentative denials are the most persuasive.

Accepted Answer

A) True 
 B)False

Question 20

The answer may contain counterclaims or cross-claims, but not both.

Accepted Answer

A) True 
 B)False

Judgment on the pleadings and summary judgment vary in that

Draft the Notice of Removal to have the case against Allen Howard removed to federal court, as Mr. McDuff requested.

Be able to list style and content considerations for drafting an answer, including those that apply to denials.

Verify in the Pleadings, Motions, and Time Limits table the deadlines for amended pleadings set out in this chapter and in Rule 15. In addition, draft a checklist of procedures and time limits regarding amended pleadings, and add it to the systems folder.

Legal authority is presented in a memorandum of motion.

A motion must always be accompanied by a(n)

What is the purpose of motions? What are the components of motions? What federal rules establish motion requirements?

It is best not to plead inconsistent facts where verification is required.

A response to a motion must be served not later than one day before the hearing on the motion.

Electronic service of documents requires

Notice of removal should

In your systems folder, place page references to the documents in the text needed to file a motion to dismiss the complaint. Add any pertinent state practice forms.

Under Federal Rule 6(a) and (e) (where applicable), what are the following due dates? a. Three days before a hearing on Monday, April 8.

Pleadings, once filed, cannot be changed.

A special demurrer is similar to

What is the penalty for claiming insufficient information to form a belief in the answer simply to avoid the work of investigation?

What defenses must be filed in motions previous to the answer or in the answer? Why is this important?

The basic requirements for a motion are set out in Federal Rule of Civil Procedure

Argumentative denials are the most persuasive.

The answer may contain counterclaims or cross-claims, but not both.

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

Judgment on the pleadings and summary judgment vary in that

Draft the Notice of Removal to have the case against Allen Howard removed to federal court, as Mr. McDuff requested.

Be able to list style and content considerations for drafting an answer, including those that apply to denials.

Verify in the Pleadings, Motions, and Time Limits table the deadlines for amended pleadings set out in this chapter and in Rule 15. In addition, draft a checklist of procedures and time limits regarding amended pleadings, and add it to the systems folder.

Legal authority is presented in a memorandum of motion.

A motion must always be accompanied by a(n)

What is the purpose of motions? What are the components of motions? What federal rules establish motion requirements?

It is best not to plead inconsistent facts where verification is required.

A response to a motion must be served not later than one day before the hearing on the motion.

Electronic service of documents requires

Notice of removal should

In your systems folder, place page references to the documents in the text needed to file a motion to dismiss the complaint. Add any pertinent state practice forms.

Under Federal Rule 6(a) and (e) (where applicable), what are the following due dates? a. Three days before a hearing on Monday, April 8.

Pleadings, once filed, cannot be changed.

A special demurrer is similar to

What is the penalty for claiming insufficient information to form a belief in the answer simply to avoid the work of investigation?

What defenses must be filed in motions previous to the answer or in the answer? Why is this important?

The basic requirements for a motion are set out in Federal Rule of Civil Procedure

Argumentative denials are the most persuasive.

The answer may contain counterclaims or cross-claims, but not both.

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