Question 1

In a federal court action, a general denial challenges the subject matter jurisdiction of the court.

Accepted Answer

A) True 
 B)False  True

Question 2

A copy of the answer must be personally served on the plaintiff.

Accepted Answer

A) True 
 B)False  False

Question 3

Sakata was not wearing a seat belt at the time of the accident. This fact should be alleged as an affirmative defense in an answer filed by the defendants.

Accepted Answer

A) True 
 B)False  True

Question 4

In answering the complaint, Dan's Dealership and the car manufacturer must be represented by the same attorney.

Accepted Answer

A) True 
 B)False

Question 5

A default judgment against a defendant can be set aside ________.

Accepted Answer

A)  automatically if the defendant files an affidavit within one year showing that the default judgment was entered because of a mistake, inadvertence, or excusable neglect 
B)  if the plaintiff stipulates that it may be set aside 
C)  only if the defendant makes a motion to set aside the default 
D)  only if the defendant was a minor, incompetent, or in the military at the time the default judgment was entered 
A)  automatically if the defendant files an affidavit within one year showing that the default judgment was entered because of a mistake, inadvertence, or excusable neglect 
B)  if the plaintiff stipulates that it may be set aside 
C)  only if the defendant makes a motion to set aside the default 
D)  only if the defendant was a minor, incompetent, or in the military at the time the default judgment was entered

Question 6

To obtain a default judgment, the plaintiff must ________ his or her claim.

Accepted Answer

The answer of To obtain a default judgment, the plaintiff...

Question 7

The caption in an answer filed by the dealership should read: "Dan's Dealership, defendant, vs. Sakata, plaintiff."

Accepted Answer

A) True 
 B)False

Question 8

A cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint.

Accepted Answer

A) True 
 B)False

Question 9

A response to a counterclaim is known as a(n) ________.

Accepted Answer

A)  answer 
B)  response 
C)  reply 
D)  affirmative defense 
A)  answer 
B)  response 
C)  reply 
D)  affirmative defense

Question 10

Courts generally permit parties against whom a default judgment was entered to petition the court to set it aside.

Accepted Answer

A) True 
 B)False

Question 11

If a defendant fails to answer a complaint, upon the request of the plaintiff's attorney, the court will enter a(n) ________.

Accepted Answer

The answer of If a defendant fails to answer a...

Question 12

Assume that Sakata now refuses to pay for the car. Dan's Dealership could assert failure of consideration on the part of Sakata as an affirmative defense in their answer to the complaint.

Accepted Answer

A) True 
 B)False

Question 13

A type of answer, often containing only one paragraph, in which the defendant denies all of the allegations of the complaint is a(n) ________.

Accepted Answer

The answer of A type of answer, often containing only...

Question 14

If a defendant waives service of process under Rule4, that defendant has ________ days in which to file a response, if the defendant resides within the United States.

Accepted Answer

The answer of If a defendant waives service of process...

Question 15

A third-party complaint and summons must be served in the same way as a(n) ________ is served.

Accepted Answer

The answer of A third-party complaint and summons must be...

Question 16

A stipulation enlarging time to respond should be signed ________.

Accepted Answer

A)  by the attorneys for the plaintiff and the defendant 
B)  by the plaintiff and the defendant 
C)  only by the attorney for the defendant 
D)  only by the judge 
A)  by the attorneys for the plaintiff and the defendant 
B)  by the plaintiff and the defendant 
C)  only by the attorney for the defendant 
D)  only by the judge

Question 17

If an answer is served by mail on a plaintiff's attorney, service should be evidenced by a(n) ________.

Accepted Answer

certificat

Question 18

A claim by a defendant against a plaintiff in a federal court action is known as a ________.

Accepted Answer

A)  counterclaim 
B)  cross-claim 
C)  third-party complaint 
D)  cross-complaint 
A)  counterclaim 
B)  cross-claim 
C)  third-party complaint 
D)  cross-complaint

Question 19

If a complaint in a federal court action is vague and ambiguous, the defendant should file a ________.

Accepted Answer

A)  general denial 
B)  motion for a more definite statement 
C)  demurrer 
D)  All of these choices. 
A)  general denial 
B)  motion for a more definite statement 
C)  demurrer 
D)  All of these choices.

Question 20

In state court, all pleadings, including the answer, must be verified.

Accepted Answer

A) True 
 B)False

In a federal court action, a general denial challenges the subject matter jurisdiction of the court.

A copy of the answer must be personally served on the plaintiff.

Sakata was not wearing a seat belt at the time of the accident. This fact should be alleged as an affirmative defense in an answer filed by the defendants.

In answering the complaint, Dan's Dealership and the car manufacturer must be represented by the same attorney.

A default judgment against a defendant can be set aside ________.

To obtain a default judgment, the plaintiff must ________ his or her claim.

The caption in an answer filed by the dealership should read: "Dan's Dealership, defendant, vs. Sakata, plaintiff."

A cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint.

A response to a counterclaim is known as a(n) ________.

Courts generally permit parties against whom a default judgment was entered to petition the court to set it aside.

If a defendant fails to answer a complaint, upon the request of the plaintiff's attorney, the court will enter a(n) ________.

Assume that Sakata now refuses to pay for the car. Dan's Dealership could assert failure of consideration on the part of Sakata as an affirmative defense in their answer to the complaint.

A type of answer, often containing only one paragraph, in which the defendant denies all of the allegations of the complaint is a(n) ________.

If a defendant waives service of process under Rule4, that defendant has ________ days in which to file a response, if the defendant resides within the United States.

A third-party complaint and summons must be served in the same way as a(n) ________ is served.

A stipulation enlarging time to respond should be signed ________.

If an answer is served by mail on a plaintiff's attorney, service should be evidenced by a(n) ________.

A claim by a defendant against a plaintiff in a federal court action is known as a ________.

If a complaint in a federal court action is vague and ambiguous, the defendant should file a ________.

In state court, all pleadings, including the answer, must be verified.

Litigation and the Paralegal

The Courts and Jurisdiction

Preliminary Considerations and Procedures

Investigation and Evidence

The Complaint

Motion Practice

Overview of the Discovery Process

Depositions

Interrogatories

Physical and Mental Examinations

Request for Documents

Request for Admission

Settlements, Dismissals, and Alternative Dispute Resolution

Trial Techniques

Posttrial Practice

Filters

Exam 6: Responses to the Complaint

In a federal court action, a general denial challenges the subject matter jurisdiction of the court.

A copy of the answer must be personally served on the plaintiff.

Sakata was not wearing a seat belt at the time of the accident. This fact should be alleged as an affirmative defense in an answer filed by the defendants.

In answering the complaint, Dan's Dealership and the car manufacturer must be represented by the same attorney.

A default judgment against a defendant can be set aside ________.

To obtain a default judgment, the plaintiff must ________ his or her claim.

The caption in an answer filed by the dealership should read: "Dan's Dealership, defendant, vs. Sakata, plaintiff."

A cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint.

A response to a counterclaim is known as a(n) ________.

Courts generally permit parties against whom a default judgment was entered to petition the court to set it aside.

If a defendant fails to answer a complaint, upon the request of the plaintiff's attorney, the court will enter a(n) ________.

Assume that Sakata now refuses to pay for the car. Dan's Dealership could assert failure of consideration on the part of Sakata as an affirmative defense in their answer to the complaint.

A type of answer, often containing only one paragraph, in which the defendant denies all of the allegations of the complaint is a(n) ________.

If a defendant waives service of process under Rule4, that defendant has ________ days in which to file a response, if the defendant resides within the United States.

A third-party complaint and summons must be served in the same way as a(n) ________ is served.

A stipulation enlarging time to respond should be signed ________.

If an answer is served by mail on a plaintiff's attorney, service should be evidenced by a(n) ________.

A claim by a defendant against a plaintiff in a federal court action is known as a ________.

If a complaint in a federal court action is vague and ambiguous, the defendant should file a ________.

In state court, all pleadings, including the answer, must be verified.

Litigation and the Paralegal

The Courts and Jurisdiction

Preliminary Considerations and Procedures

Investigation and Evidence

The Complaint

Motion Practice

Overview of the Discovery Process

Depositions

Interrogatories

Physical and Mental Examinations

Request for Documents

Request for Admission

Settlements, Dismissals, and Alternative Dispute Resolution

Trial Techniques

Posttrial Practice

Filters