Question 1

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. A

Question 2

A pleading log must be filed with the court clerk within ten days of receipt of the answer.

Accepted Answer

A) True 
 B)False  False

Question 3

All amendments to pleadings must be completed before trial.

Accepted Answer

A) True 
 B)False  False

Question 4

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 5

A motion for summary judgment may be filed ​

Accepted Answer

A)  ten days after the commencement of the action. ​ 
B)  ​ five days after the commencement of the action. 
C)  ​ twenty days after the pleadings are closed. 
D)  ​ twenty days after the commencement of the action. 
A)  ten days after the commencement of the action. ​ 
B)  ​ five days after the commencement of the action. 
C)  ​ twenty days after the pleadings are closed. 
D)  ​ twenty days after the commencement of the action.

Question 6

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 7

Compulsory counterclaims may not be the basis for a separate lawsuit.

Accepted Answer

A) True 
 B)False

Question 8

An order is a request by the plaintiff for relief.

Accepted Answer

A) True 
 B)False

Question 9

If a complaint is dismissed ​

Accepted Answer

A)  ​ the lawsuit is over. 
B)  ​ a demurrer must be filed. 
C)  ​ the plaintiff will probably amend the complaint. 
D)  ​ the defendant will probably amend the motion. 
A)  ​ the lawsuit is over. 
B)  ​ a demurrer must be filed. 
C)  ​ the plaintiff will probably amend the complaint. 
D)  ​ the defendant will probably amend the motion.

Question 10

The federal rule of civil procedure that governs when an answer to a complaint shall be served is ​

Accepted Answer

A)  ​ 7(c). 
B)  ​ 12(a). 
C)  ​ 15. 
D)  ​ 54(c). 
A)  ​ 7(c). 
B)  ​ 12(a). 
C)  ​ 15. 
D)  ​ 54(c).

Question 11

Removal of action to federal court is ​

Accepted Answer

A)  ​ required when federal and state courts have concurrent jurisdiction. 
B)  ​ available to the plaintiff only. 
C)  ​ accomplished by filing notice of removal in federal court. 
D)  ​ accomplished by filing a motion for change of venue. 
A)  ​ required when federal and state courts have concurrent jurisdiction. 
B)  ​ available to the plaintiff only. 
C)  ​ accomplished by filing notice of removal in federal court. 
D)  ​ accomplished by filing a motion for change of venue.

Question 12

Removal from state to federal court is permitted ​

Accepted Answer

A)  ​ by a defendant who is a citizen of the state where the action is brought. 
B)  ​ when the state matter can be joined with a related federal question case. 
C)  ​ by a plaintiff subjected to a counterclaim. 
D)  ​ by a plaintiff with a tort claim. 
A)  ​ by a defendant who is a citizen of the state where the action is brought. 
B)  ​ when the state matter can be joined with a related federal question case. 
C)  ​ by a plaintiff subjected to a counterclaim. 
D)  ​ by a plaintiff with a tort claim.

Question 13

A fact that defeats a plaintiff's claim, even though all allegations are true, is a(n) ​

Accepted Answer

A)  argumentative defense. ​ 
B)  ​ persuasive defense. 
C)  ​ affirmative defense. 
D)  ​ quasi-defense. 
A)  argumentative defense. ​ 
B)  ​ persuasive defense. 
C)  ​ affirmative defense. 
D)  ​ quasi-defense.

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

Pleadings, once filed, cannot be changed.

Accepted Answer

A) True 
 B)False

Question 16

U.S. government agencies may not remove a case to federal court.

Accepted Answer

A) True 
 B)False

Question 17

A U.S. district court's order to remand a case to state court can usually be appealed.

Accepted Answer

A) True 
 B)False

Question 18

A motion for summary judgment must be filed at least ten days before the hearing on the motion.

Accepted Answer

A) True 
 B)False

Question 19

​ 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 20

Cases that establish precedent should be cited in pleadings.

Accepted Answer

A) True 
 B)False

Permissive counterclaims

A pleading log must be filed with the court clerk within ten days of receipt of the answer.

All amendments to pleadings must be completed before trial.

Judgment on the pleadings and summary judgment vary in that

A motion for summary judgment may be filed

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

Compulsory counterclaims may not be the basis for a separate lawsuit.

An order is a request by the plaintiff for relief.

If a complaint is dismissed

The federal rule of civil procedure that governs when an answer to a complaint shall be served is

Removal of action to federal court is

Removal from state to federal court is permitted

A fact that defeats a plaintiff's claim, even though all allegations are true, is a(n)

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

Pleadings, once filed, cannot be changed.

U.S. government agencies may not remove a case to federal court.

A U.S. district court's order to remand a case to state court can usually be appealed.

A motion for summary judgment must be filed at least ten days before the hearing on the motion.

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

Cases that establish precedent should be cited in pleadings.

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

Discovery: Document Production and Control, Medical Exams, Admissions

Settlement and Other Alternative Dispute Resolutions

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters

Exam 6: Defending and Testing the Lawsuit: Motions, Answers, and Other

Permissive counterclaims ​

A pleading log must be filed with the court clerk within ten days of receipt of the answer.

All amendments to pleadings must be completed before trial.

Judgment on the pleadings and summary judgment vary in that ​

A motion for summary judgment may be filed ​

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

Compulsory counterclaims may not be the basis for a separate lawsuit.

An order is a request by the plaintiff for relief.

If a complaint is dismissed ​

The federal rule of civil procedure that governs when an answer to a complaint shall be served is ​

Removal of action to federal court is ​

Removal from state to federal court is permitted ​

A fact that defeats a plaintiff's claim, even though all allegations are true, is a(n) ​

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

Pleadings, once filed, cannot be changed.

U.S. government agencies may not remove a case to federal court.

A U.S. district court's order to remand a case to state court can usually be appealed.

A motion for summary judgment must be filed at least ten days before the hearing on the motion.

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

Cases that establish precedent should be cited in pleadings.

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

Discovery: Document Production and Control, Medical Exams, Admissions

Settlement and Other Alternative Dispute Resolutions

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters

Permissive counterclaims

Judgment on the pleadings and summary judgment vary in that

A motion for summary judgment may be filed

If a complaint is dismissed

The federal rule of civil procedure that governs when an answer to a complaint shall be served is

Removal of action to federal court is

Removal from state to federal court is permitted

A fact that defeats a plaintiff's claim, even though all allegations are true, is a(n)

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