Question 1

Why is it necessary to state the time of an occurrence or transaction in the complaint?

Accepted Answer

A)  Time factors are important to identify the occurrence. 
B)  Time factors are important to determine whether the statute of limitations has run against the claim. 
C)  Time factors are important to determine whether the parties have complied with all notice requirements. 
D)  (a) and (b) only. 
E)  all of the above. 
A)  Time factors are important to identify the occurrence. 
B)  Time factors are important to determine whether the statute of limitations has run against the claim. 
C)  Time factors are important to determine whether the parties have complied with all notice requirements. 
D)  (a) and (b) only. 
E)  all of the above. E

Question 2

What functions does the complaint serve?

Accepted Answer

A complaint identifies the occurrence or transaction that is the basis for the claim. A complaint identifies the cause(s) of action upon which the plaintiff relies to establish the plaintiff's legal rights and the defendant's obligations. The action is commenced when the complaint is filed with the court. The complaint establishes which facts are material to the case. Between the complaint and the answer, the court and parties can determine which material facts are disputed.

Question 3

Any allegation in the complaint which is not denied is presumed to be
.

Accepted Answer

admitted

Question 4

DEFINE
-ad damnum clause

Accepted Answer

The ad damnum clause is the same as the

Question 5

The establishes the scope of the plaintiff's claims.

Accepted Answer

The answer of The establishes the scope of the plaintiff's...

Question 6

DEFINE
-special damages

Accepted Answer

Special damages are out-of-pocket expens

Question 7

If the defendant fails to serve an answer to the complaint within the time specified, he or she is considered to be .

Accepted Answer

The answer of If the defendant fails to serve an...

Question 8

May a paralegal sign the pleadings instead of the lawyer for whom he or she works?

Accepted Answer

A)  Yes, but only if he or she prepared the pleadings. 
B)  Yes, but only if the client signs the pleadings as well. 
C)  No, of the two, only the lawyer who is licensed to practice in the court where the case is venued may sign the pleading. 
D)  No, because then the paralegal would be working as an attorney per se. 
A)  Yes, but only if he or she prepared the pleadings. 
B)  Yes, but only if the client signs the pleadings as well. 
C)  No, of the two, only the lawyer who is licensed to practice in the court where the case is venued may sign the pleading. 
D)  No, because then the paralegal would be working as an attorney per se.

Question 9

The place of the occurrence may determine:

Accepted Answer

A)  whether the court has jurisdiction. 
B)  which state's laws apply in determining the parties' substantive rights. 
C)  whether the parties have complied with all notice requirements. 
D)  (a) and (b) only. 
E)  all of the above. 
A)  whether the court has jurisdiction. 
B)  which state's laws apply in determining the parties' substantive rights. 
C)  whether the parties have complied with all notice requirements. 
D)  (a) and (b) only. 
E)  all of the above.

Question 10

If a defendant has a claim against the plaintiff, the defendant may assert the claim in a , which must be served with the
.

Accepted Answer

countercla

Question 11

What is the primary consideration in determining whether cases should be consolidated for purposes of trial?

Accepted Answer

The cases must involve common questions

Question 12

Describe two means by which a summons and complaint may be "personally"
served upon the defendant.

Accepted Answer

The summons and complaint may

Question 13

According to the federal rules, the defendant(s) must respond to summons and complaint within days, a period which begins to run on the
.

Accepted Answer

20; day af

Question 14

In what way is a third-party claim tied to the plaintiff's claim?

Accepted Answer

The third-party action must seek contrib

Question 15

If a complaint, answer, or other pleading is insufficient to state a claim or defense, the opposing party may move the court to .

Accepted Answer

strike the pleading;

Question 16

DEFINE
-jury demand

Accepted Answer

A jury demand is a notice on a

Question 17

DEFINE
-ex parte

Accepted Answer

Ex parte means on one side only; by or f

Question 18

When is a motion required to obtain a subpoena with which to compel a witness to appear in court?

Accepted Answer

Never. A subpoena may be obtai

Question 19

How may the summons and complaint be served?

Accepted Answer

The most common and surest way is to hav

Question 20

The clerk of court assigns a file number to the action when the complaint is filed, but all subsequent pleadings, motions, orders, affidavits, and depositions must be given a new and separate number.

Accepted Answer

A) True 
 B)False

Exam 6: Introduction to Federal Procedure

Why is it necessary to state the time of an occurrence or transaction in the complaint?

What functions does the complaint serve?

Any allegation in the complaint which is not denied is presumed to be .

DEFINE -ad damnum clause

The establishes the scope of the plaintiff's claims.

DEFINE -special damages

If the defendant fails to serve an answer to the complaint within the time specified, he or she is considered to be .

May a paralegal sign the pleadings instead of the lawyer for whom he or she works?

The place of the occurrence may determine:

If a defendant has a claim against the plaintiff, the defendant may assert the claim in a , which must be served with the .

What is the primary consideration in determining whether cases should be consolidated for purposes of trial?

Describe two means by which a summons and complaint may be "personally" served upon the defendant.

According to the federal rules, the defendant(s) must respond to summons and complaint within days, a period which begins to run on the .

In what way is a third-party claim tied to the plaintiff's claim?

If a complaint, answer, or other pleading is insufficient to state a claim or defense, the opposing party may move the court to .

DEFINE -jury demand

DEFINE -ex parte

When is a motion required to obtain a subpoena with which to compel a witness to appear in court?

How may the summons and complaint be served?

The clerk of court assigns a file number to the action when the complaint is filed, but all subsequent pleadings, motions, orders, affidavits, and depositions must be given a new and separate number.

Litigation Principles

Lawyer and Client Relationship and Ethics

Court Organization

Causes of Action and Remedies

Affirmative Defenses

Gathering Evidence

Evidence

Conducting an Investigation

Expert Witnesses

Interrogatories

Oral Depositions

Preparing Client for Deposition

Medical Examinations and Records

Inspection of Property, Documents, and Things

Requests for Admissions

Motions

Preparation for Trial

Structure of a Civil Trial

Judgments

Appeals

Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

Filters