Deck 4: Drafting the Complaint

Question 1

The caption of a complaint states the cause of action.

Answer 1

False

Question 2

Ms. Schnabel is a real party in interest in the Forrester case.

Answer 2

False

Question 3

An injured child has capacity to sue.

Answer 3

False

Question 4

A complaint is the formal introduction of a lawsuit.

Question 5

The abbreviation et al. may not be used in the complaint caption.

Question 6

It's best to avoid the archaic language found in some legal forms when you draft documents.

Question 7

Corporations are considered persons under the law.

Question 8

Jurisdictional amount must be alleged in federal question complaints.

Question 9

A claim can be made against an unknown defendant.

Question 10

Briar Patch Dolls (Case IV) does most of its business in Columbia, where Teeny Tiny Manufacturing is located, but federal diversity exists because Briar Patch is incorporated in Ohio.

Question 11

A poorly drafted complaint can cause dismissal of the suit.

Question 12

It is up to the drafter of the complaint to decide whether privacy concerns should limit personal identification information on the document.

Question 13

The cause of action is stated in the body of the complaint.

Question 14

Fact pleading is the simplest form of pleading.

Question 15

Due process of law is guaranteed in the Fifth and Fourteenth Amendments.

Question 16

Notice pleading does not require attention to the elements of law.

Question 17

It is not proper to use persuasive language in a formal pleading.

Question 18

Special damages are not a direct consequence of a defendant's wrong.

Question 19

Venue must be alleged in federal complaints.

Question 20

Requirements for drafting the cause of action vary from jurisdiction to jurisdiction.

Question 21

Legal writing usually requires language that is difficult for an ordinary person to understand.

Question 22

Pleadings are ​

A) ​ formal documents that set out claims and defenses.
B) ​ statements of guilt or innocence.
C) ​ informal exchanges between parties.
D) ​ discovery devices.

Question 23

To sue, a party must have ​

A) capacity. ​
B) ​ domicile.
C) ​ interest.
D) ​ caption.

Question 24

Injunctions are remedies to prevent future harm.

Question 25

The wherefore clause contains the rule of law.

Question 26

A complaint does not ​

A) ​ introduce the cause of action.
B) ​ present defenses.
C) ​ invoke the court's jurisdiction.
D) ​ inform the defendant of the action.

Question 27

Some states limit the liability of "deep pocket" defendants according to their percentage of the degree of fault.

Question 28

If you sued your neighbor to keep his irrigation water from washing across your fields, you probably would seek a mandatory injunction.

Question 29

Demand for a jury trial is assumed unless otherwise stated in the complaint.

Question 30

Relief in a wrongful death action may include parental damages.

Question 31

A real party in interest is ​

A) ​ the employer of the injured person.
B) ​ a key witness.
C) ​ the person who caused the injury.
D) ​ the attorney for the plaintiff.

Question 32

​ A person shall not be deprived of life, liberty, or property without

A) ​ capacity.
B) ​ verification.
C) ​ due process of law.
D) litigation. ​

Question 33

Pleadings include ​

A) ​ cross-claims
B) ​ memoranda
C) ​ motions
D) ​ evidence

Question 34

​ A guardian ad litem permits suit when

A) ​ a corporation is a party.
B) ​ there is no interpleader.
C) ​ there is a lack of capacity.
D) ​ multiple parties are joined.

Question 35

If one party repudiates a contract before the time of performance, the injured party may sue for anticipatory breach of contract.

Question 36

Punitive damages must be reasonable.

Question 37

An example of a person who has standing to sue is ​

A) ​ a retailer who will lose business next year because of an unfulfilled advertising contract.
B) ​ the adult daughter of a man who suffered food poisoning at a restaurant.
C) ​ a woman who was upset when a friend's dog was killed by a reckless driver.
D) ​ a homeowner who thinks a neighbor intends to let his property become an eyesore.

Question 38

In drafting a caption, be sure to include ​

A) main points of substantive law. ​
B) ​ main points of procedural law.
C) ​ addresses of the parties.
D) ​ the name of the court.

Question 39

Electronic signatures are considered valid by some courts.

Question 40

the Federal Rules of Civil Procedure cover pleadings contents in ​

A) ​ Rule 10.
B) ​ Rule 14.
C) ​ Rule 8.
D) ​ Rule 25.

Question 41

Notice pleading is ​

A) ​ used in all states.
B) ​ used in federal cases.
C) ​ more detailed than fact pleading.
D) ​ no longer used.

Question 42

Language in the complaint needs to ​

A) ​ prove the plaintiff's case.
B) ​ be assertive.
C) ​ address possible defenses.
D) ​ state the law.

Question 43

Noneconomic damages ​

A) ​ include hospital bills.
B) ​ are limited by federal law.
C) ​ are limited in some states.
D) ​ are identical to punitive damages.

Question 44

Jurisdictional allegations ​

A) are not necessary in federal court. ​
B) ​ are always necessary in state court.
C) ​ should be left for the defendant to allege.
D) ​ should be stated in the first paragraphs of the complaint.

Question 45

Statement of parties' domiciles is necessary in alleging ​

A) ​ jurisdiction.
B) ​ capacity.
C) ​ procedural law.
D) ​ in rem rules.

Question 46

Joinder of parties is ​

A) ​ bringing parties together for settlement.
B) ​ inclusion of all persons involved in one side of a lawsuit.
C) ​ always a class action.
D) ​ necessary when corporations are parties.

Question 47

The interpleader rule allows ​

A) persons without capacity to sue. ​
B) ​ joinder of parties in counterclaims.
C) ​ one person to sue as representative of a class.
D) ​ deceased persons to sue.

Question 48

​ The basis for a cause of action is the

A) ​ amount of damages.
B) ​ rule of law.
C) ​ complaint.
D) ​ applicable rule of the Federal Rules of Civil Procedure.

Question 49

A lawsuit may be prevented if the defendant ​

A) ​ is a child.
B) ​ is unknown.
C) ​ has sovereign immunity.
D) ​ is an unincorporated association.

Question 50

Types of contracts recognized by law include _____ contracts. ​

A) ​ injunction
B) ​ consideration
C) ​ oral
D) ​ exemplary

Question 51

Federal and some state privacy laws on personal identification in legal documents require ​

A) ​ only the last four digits of Social Security numbers.
B) ​ only business financial account numbers.
C) ​ only the ZIP code of an address.
D) ​ full names of minors.

Question 52

A syllogism is ​

A) a logical formula helpful in determining whether there is a cause of action. ​
B) ​ an allegation.
C) ​ required below the caption of the complaint.
D) ​ corporate representation in a lawsuit.

Question 53

A remedy requiring the defendant to fulfill the terms of a contract is ​

A) special damages. ​
B) ​ specific performance.
C) ​ exemplary damages.
D) ​ prohibitory injunctions.

Question 54

​ A wherefore clause states the

A) ​ demand for relief.
B) ​ cause of action.
C) ​ elements of law.
D) ​ counterclaim.

Question 55

Exemplary damages ​

A) ​ compensate for emotional trauma.
B) ​ seek recovery of property.
C) ​ punish particularly reckless conduct.
D) ​ force performance of a contract.

Question 56

Rescission includes an action seeking ​

A) to cancel a contract made under duress. ​
B) ​ performance of a contract as it was written.
C) ​ a change in the terms of a contract.
D) ​ special damages.

Question 57

Demand for jury trial should ​

A) ​ be postponed until the beginning of the trial.
B) ​ be made within thirty days of service of the last pleading.
C) ​ always be included in the complaint.
D) ​ be conspicuous.

Question 58

Class-action suits require that ​

A) ​ the action of the adverse party is inconsistent toward members of the class.
B) members of the class claim the same amount of damages. ​
C) ​ the representative is chosen by a majority vote of the class.
D) ​ there are common questions of law and fact.

Question 59

When a person's interest in a suit is not represented by existing parties, that person can become a party through a ​

A) ​ guardian ad litem.
B) ​ petition to include.
C) ​ motion to intervene.
D) ​ cross-claim.

Question 60

A complaint should ​

A) ​ state all the available facts.
B) ​ anticipate defenses.
C) ​ state the law if the action is pursuant to specific provisions of a particular statute.
D) ​ avoid naming all the defendants.

Question 61

The complaint must always include the ​

A) ​ appendix.
B) ​ verification.
C) ​ exhibit.
D) ​ subscription.

Question 62

a. Why can the caption of Case IV read Briar Patch Dolls, Inc. v. Teeny Tiny Manufacturing Co. rather than Heinz v. Smith and McGinnis ?
b. If Teeny Tiny were owned solely by Ethel Meyers, now deceased, could Briar Patch still sue? Why?

Question 63

Why is it necessary to research local practice in drafting complaints in a particular state jurisdiction?

Question 64

What do pleadings have to do with our right to due process?

Question 65

Discuss the reasons for joining parties and the limits to joinder. What federal rules govern joinder of parties?

Question 66

Why must jurisdiction always be alleged in federal courts but not in all state courts?

Question 67

Discuss the importance of "subscription" to the paralegal in the context of drafting and filing a complaint.

Question 68

Exhibits attached to complaints can include ​

A) a temporary restraining order. ​
B) ​ explanatory material.
C) ​ contracts.
D) ​ demand for relief.

Question 69

How are separate claims stated in a complaint?

Question 70

Name two documents filed to require a party to do or refrain from doing some act.

Question 71

List four ways that related claims are handled to save costs and time, and their pertinent Federal Rules of Civil Procedure.

Question 72

Explain the difference between real party in interest and standing to sue.

Question 73

Why does venue not have to be alleged in complaints in federal court?

Question 74

The elements of an action for quantum meruit (unjust enrichment) include:
a.defendant requested plaintiff's performance
b.plaintiff performed the services requested
c.services performed by plaintiff had a fair and reasonable value
d.the defendant failed to pay for the goods or services rendered
​
The remedies available are damages equal to the value of the goods and services and other remedies.
Draft the complaint language for the cause of action paragraph, the remedy paragraph, and the wherefore clause for the facts given, then state whether the syllogism is complete and, if not, what is lacking.
Merit Landscaping has agreed to care for Harry Berry's yard during a three-month absence for the sum of $300. Berry returns to find the yard mowed, but hears from neighbors that it was overgrown most of the summer, and refuses to pay. Merit sues for quantum meruit.

Question 75

What information must be presented to allege jurisdiction in a state court?