Question 1

An acceptable way to gain time to prepare the answer is to file a motion to dismiss.

Accepted Answer

A) True 
 B)False

Question 2

Affirmative defenses are due twenty-one days after the answer.

Accepted Answer

A) True 
 B)False

Question 3

What does an attorney's signature on a document mean?

Accepted Answer

• that the attorney has read it 
• that

Question 4

Removal of a case to federal court may allow for more complete discovery.

Accepted Answer

A) True 
 B)False

Question 5

In analyzing a complaint for a motion to dismiss for failure to state a claim on which relief can be granted, a good target for attack is the ​

Accepted Answer

A)  ​ caption. 
B)  ​ wherefore clause. 
C)  ​ verification. 
D)  ​ matching of facts to elements for a cause of action. 
A)  ​ caption. 
B)  ​ wherefore clause. 
C)  ​ verification. 
D)  ​ matching of facts to elements for a cause of action.

Question 6

List four grounds for dismissing a complaint.

Accepted Answer

• lack of jurisdiction 
• impr

Question 7

According to Federal Rule 6(a), if a complaint is received on Friday, June 14, what is the last date for filing the answer within a twenty-day time limit?

Accepted Answer

Friday, July 5, beca

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

What is a syllogism? Describe how it can be used in determining how to attack a complaint; give examples.

Accepted Answer

A syllogism is a form of reasoning that

Question 10

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 11

What is the difference between compulsory and permissive counterclaims?

Accepted Answer

Compulsory counterclaims arise from orig

Question 12

Documents filed with a motion include the ​

Accepted Answer

A)  complaint. ​ 
B)  ​ notice of motion. 
C)  ​ summons. 
D)  ​ answer. 
A)  complaint. ​ 
B)  ​ notice of motion. 
C)  ​ summons. 
D)  ​ answer.

Question 13

A complaint brought by a defendant against a previously unnamed party is a ​

Accepted Answer

A)  counteraction. ​ 
B)  ​ cross-claim. 
C)  ​ third-party answer. 
D)  ​ third-party complaint. 
A)  counteraction. ​ 
B)  ​ cross-claim. 
C)  ​ third-party answer. 
D)  ​ third-party complaint.

Question 14

A complaint can be dismissed for defective service.

Accepted Answer

A) True 
 B)False

Question 15

In what way are a memorandum of law and an affidavit in support of a motion similar in purpose? In what ways are their purposes different?

Accepted Answer

Both the memorandum of law and the affid

Question 16

A motion can be made orally at trial.

Accepted Answer

A) True 
 B)False

Question 17

Affirmative defenses are ​

Accepted Answer

A)  the same as denials. ​ 
B)  ​ available for only a few types of cases. 
C)  ​ defined by substantive law. 
D)  ​ defined by procedural law. 
A)  the same as denials. ​ 
B)  ​ available for only a few types of cases. 
C)  ​ defined by substantive law. 
D)  ​ defined by procedural law.

Question 18

It is always best to check with your supervising attorney before drafting a motion to dismiss the complaint because ​

Accepted Answer

A)  ​ some jurisdictions do not allow paralegals to write rough-draft motions. 
B)  ​ the motion may alert the plaintiff to a weakness better exploited at a later stage. 
C)  ​ drafting such a motion is exclusively attorney work. 
D)  ​ a demurrer is usually the preferable approach, especially in federal court. 
A)  ​ some jurisdictions do not allow paralegals to write rough-draft motions. 
B)  ​ the motion may alert the plaintiff to a weakness better exploited at a later stage. 
C)  ​ drafting such a motion is exclusively attorney work. 
D)  ​ a demurrer is usually the preferable approach, especially in federal court.

Question 19

Parties generally cooperate in filing a joint application for an order for extension of time.

Accepted Answer

A) True 
 B)False

Question 20

A notice of motion notifies the opponent of the hearing time.

Accepted Answer

A) True 
 B)False

An acceptable way to gain time to prepare the answer is to file a motion to dismiss.

Affirmative defenses are due twenty-one days after the answer.

What does an attorney's signature on a document mean?

Removal of a case to federal court may allow for more complete discovery.

In analyzing a complaint for a motion to dismiss for failure to state a claim on which relief can be granted, a good target for attack is the

List four grounds for dismissing a complaint.

According to Federal Rule 6(a), if a complaint is received on Friday, June 14, what is the last date for filing the answer within a twenty-day time limit?

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

What is a syllogism? Describe how it can be used in determining how to attack a complaint; give examples.

Defenses to be alleged affirmatively include

What is the difference between compulsory and permissive counterclaims?

Documents filed with a motion include the

A complaint brought by a defendant against a previously unnamed party is a

A complaint can be dismissed for defective service.

In what way are a memorandum of law and an affidavit in support of a motion similar in purpose? In what ways are their purposes different?

A motion can be made orally at trial.

Affirmative defenses are

It is always best to check with your supervising attorney before drafting a motion to dismiss the complaint because

Parties generally cooperate in filing a joint application for an order for extension of time.

A notice of motion notifies the opponent of the hearing time.

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

An acceptable way to gain time to prepare the answer is to file a motion to dismiss.

Affirmative defenses are due twenty-one days after the answer.

What does an attorney's signature on a document mean?

Removal of a case to federal court may allow for more complete discovery.

In analyzing a complaint for a motion to dismiss for failure to state a claim on which relief can be granted, a good target for attack is the ​

List four grounds for dismissing a complaint.

According to Federal Rule 6(a), if a complaint is received on Friday, June 14, what is the last date for filing the answer within a twenty-day time limit?

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

What is a syllogism? Describe how it can be used in determining how to attack a complaint; give examples.

Defenses to be alleged affirmatively include ​

What is the difference between compulsory and permissive counterclaims?

Documents filed with a motion include the ​

A complaint brought by a defendant against a previously unnamed party is a ​

A complaint can be dismissed for defective service.

In what way are a memorandum of law and an affidavit in support of a motion similar in purpose? In what ways are their purposes different?

A motion can be made orally at trial.

Affirmative defenses are ​

It is always best to check with your supervising attorney before drafting a motion to dismiss the complaint because ​

Parties generally cooperate in filing a joint application for an order for extension of time.

A notice of motion notifies the opponent of the hearing time.

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

In analyzing a complaint for a motion to dismiss for failure to state a claim on which relief can be granted, a good target for attack is the

Defenses to be alleged affirmatively include

Documents filed with a motion include the

A complaint brought by a defendant against a previously unnamed party is a

Affirmative defenses are

It is always best to check with your supervising attorney before drafting a motion to dismiss the complaint because