Deck 5: Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

Question 1

In serving an officer of the United States, service is complete simply by serving a copy of the summons and complaint on the U.S. Attorney General.

Answer 1

False

Question 2

Constructive service is most often used in in rem actions.

Answer 2

False

Question 3

Service of process establishes personal venue.

Answer 3

False

Question 4

Entry of a default judgment ends the case in favor of the plaintiff.

Question 5

The judge enters a default judgment for a sum certain.

Question 6

The Federal Collections Act is important in quasi in rem cases.

Question 7

The summons is the document that states the time in which the plaintiff must appear and defend.

Question 8

You always have the option of filing documents the traditional way with paper rather than e-filing.

Question 9

Typical long-arm statutes require service of process through the secretary of state.

Question 10

The automatic Notice of Electronic Filing constitutes the electronic service of the filed document.

Question 11

Documents to file a lawsuit must be delivered to the clerk of court in person.

Question 12

U.S. Senators are immune from service of process.

Question 13

In rem actions attach property to pay a judgment in an unrelated case.

Question 14

Case deadlines stem from the initial client interview.

Question 15

A civil cover sheet is required in filing lawsuits in some states but not in federal cases.

Question 16

A judge for the lawsuit may be assigned by the clerk of court.

Question 17

The summons may not be served electronically.

Question 18

Ask the clerk of court what documents are needed for filing a lawsuit in a state court.

Question 19

Internet contacts are insufficient for the use of long-arm statutes.

Question 20

A sum certain is a flat fee paid to an attorney.

Question 21

A good Web site for court rules and forms is ​

A) ​ www.usrules.gov.
B) ​ www.uscourts.gov.
C) ​ www.courtrules.com.
D) ​ www.frcp.com.

Question 22

In default judgments a monetary amount not readily challengeable or subject to reasonable dispute is called special damages.

Question 23

A party that is a nongovernmental corporation must disclose in its first action in the case ​

A) ​ its tax records for the past five years.
B) ​ any previous involvement in legal actions.
C) ​ all states where it does business.
D) ​ any parent corporation.

Question 24

Service of process should be accomplished by mail only if personal service fails.

Question 25

The summons

A) gives the court personal jurisdiction over the defendant. ​
B) ​ officially starts the action in federal court.
C) ​ provides the defendant with notice of the lawsuit so a defense can be prepared.
D) ​ is not required in some states.

Question 26

The e-filing system for many federal courts is ​

A) ​ CM/ECF.
B) ​ PACER.
C) ​ NEF.
D) ​ uscourts.gov.

Question 27

Papers subsequent to the complaint should be served on the party's attorney.

Question 28

The best person to contact to find out what documents are necessary to file a lawsuit is the ​

A) ​ bailiff.
B) ​ clerk of the specified court.
C) ​ county clerk.
D) ​ court administrator.

Question 29

Out-of-state defendants can be served through long-arm laws if they have sufficient contacts with the plaintiff.

Question 30

A defendant who returns waiver of service waives defenses and objections to the complaint.

Question 31

PACER allows electronic access to ​

A) sealed documents for attorneys only. ​
B) ​ federal court documents for anyone.
C) ​ court dockets for attorneys only.
D) ​ court rule changes under consideration.

Question 32

The filing fee for a civil action in federal court is ​

A) $120.00. ​
B) ​ $25.00.
C) ​ $150.00.
D) ​ $80.00.

Question 33

A default judgment hearing requires evidence to prove a cause of action.

Question 34

Entry of a default judgment on military personnel is allowed if they are on active duty.

Question 35

Except when the federal waiver of service is used, at the start of a civil lawsuit the defendant must be served with the ​

A) ​ summons and warrant for arrest.
B) ​ affidavit of service and acknowledgement.
C) ​ summons and complaint.
D) ​ complaint and proof of service.

Question 36

In preparing for the filing of an action, it is a good idea for a paralegal to see that the attorney signs the ​

A) ​ complaint.
B) ​ process receipt and return.
C) ​ summons.
D) ​ consent to exercise jurisdiction.

Question 37

A default judgment against one defendant may preclude proceeding against other defendants.

Question 38

Default judgments may award amounts greater than those requested in the complaint.

Question 39

The Freedom of Information Act can help you obtain a defendant's forwarding address from the Post Office.

Question 40

Filing the complaint ​

A) ​ is the process described as the beginning of an investigation of a lawsuit.
B) ​ marks the official beginning of the case in the federal system.
C) ​ is always the official beginning of a case.
D) ​ is never the beginning of a case.

Question 41

If a default judgment is not set aside, the ​

A) ​ defendant wins.
B) ​ defendant may then file an answer.
C) ​ plaintiff loses.
D) ​ plaintiff is limited to the amount of damages requested.

Question 42

Generally, when does an action officially begin in state court and in federal court?

Question 43

If the award requested in an action is a sum certain and the defendant is neither a minor nor incompetent, judgment shall be entered by the ​

A) ​ clerk.
B) ​ judge.
C) ​ plaintiff.
D) ​ defendant.

Question 44

If a hearing is to be held on an application for entry of a default judgment, notice of the hearing must be given to the adverse party _____ before the hearing. ​

A) ​ 5 days
B) ​ 3 days
C) ​ 10 days
D) ​ 1 day

Question 45

Default may be entered if the ​

A) ​ defendant fails to enter an appearance or otherwise file a responsive pleading in the prescribed time period.
B) ​ plaintiff fails to enter an appearance or otherwise file a responsive pleading in the prescribed time period.
C) ​ defendant files a responsive pleading but fails to enter an appearance in the prescribed time period.
D) ​ defendant is a minor and has no legal representation.

Question 46

Under the Federal Rules of Civil Procedure, when serving a corporation, proper service is made on ​

A) any employee. ​
B) ​ the CEO only.
C) ​ an agent.
D) ​ corporate headquarters.

Question 47

Generally speaking, in order for a long-arm statute to extend to an individual or a corporation, the individual or corporation must have ​

A) ​ state long-arm certification.
B) ​ its primary place of business in the state.
C) ​ the necessary minimum contacts with the federal court.
D) ​ the necessary minimum contacts with the state.

Question 48

Why is it important to confirm the method of service of process with the attorney before filing?

Question 49

Service of process can be effected on a ​

A) ​ resident of the county in which the court has jurisdiction.
B) ​ defendant brought into the state by force.
C) ​ witness attending a trial.
D) ​ defendant fraudulently served process.

Question 50

The issuing of a summons requires the signature of the ​

A) ​ attorney.
B) ​ judge.
C) ​ clerk of court.
D) ​ defendant.

Question 51

The Federal Rules of Civil Procedure do not allow service of process by ​

A) ​ personal delivery.
B) ​ delivery to any person at defendant's house.
C) ​ delivery by first-class mail.
D) ​ publication under prescribed circumstances.

Question 52

Service of papers subsequent to the complaint ​

A) is covered in Rule 5 of the Federal Rules of Civil Procedure. ​
B) ​ is directly on the party, not the party's attorney.
C) ​ must be preceded by filing them with the clerk of court.
D) ​ must be in person.

Question 53

A request for entry of default judgment is often accompanied by an affidavit to show ​

A) ​ jurisdiction.
B) ​ incapacity of defendant.
C) ​ nonmilitary service.
D) ​ service of process.

Question 54

The preferred method of service in federal procedure is the ​

A) ​ process prescribed by Rule 3.
B) ​ use of the notice of lawsuit and request for waiver of service of summons.
C) ​ personal delivery of the summons and complaint on defendant.
D) ​ postal delivery of the summons and complaint to the defendant.

Question 55

In state court, the person most likely to serve process is the ​

A) ​ attorney.
B) ​ marshal.
C) ​ sheriff.
D) ​ paralegal.

Question 56

The Federal Tort Claims Act ​

A) ​ has a five-year statute of limitations.
B) ​ prevents tort claims by citizens against the United States.
C) ​ bypasses administrative claims to allow immediate suits against the United States.
D) ​ requires administrative claims to be filed and decided before an action can be filed.

Question 57

At the time of filing an action, paralegals should know ​

A) ​ the type of service to be used and who needs to be served.
B) ​ all addresses for the defendant.
C) ​ all the newspapers needed for publication.
D) ​ what evidence will be presented at trial.

Question 58

Good cause to set aside a default judgment does not include

A) ​ illness of defendant's attorney.
B) ​ that the judgment has been satisfied.
C) ​ that the amount of damages requested is unfair.
D) ​ misconduct of adverse party.

Question 59

The Federal Rules of Civil Procedure give the court the power to dismiss a lawsuit if, after the complaint has been filed, service has not been achieved within _____. ​

A) ​ 120
B) ​ 60
C) ​ 20
D) ​ 90

Question 60

After the initial summons, documents in federal cases may be served electronically ​

A) if the initial summons was electronic. ​
B) ​ in all cases.
C) ​ if the person served has given written consent.
D) ​ if an attempt to serve paper documents has failed.

Question 61

Compare in rem and quasi in rem actions.

Question 62

How is federal service of an in-state corporation accomplished?

Question 63

What cautions should be observed in locating defendants?

Question 64

What cautions apply when seeking default judgments against multiple defendants?

Question 65

What is the difference between the entry of default and the entry of default judgment?

Question 66

List two advantages of e-filing.

Question 67

To whom is the request for entry of default judgment submitted?

Question 68

What does the clerk of court do in filing a case?

Question 69

What time limits are involved in setting aside a default judgment?

Question 70

What documents are needed to properly prepare a civil case for filing in your state?