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

Question 1

A motion can be made orally at trial.

Answer 1

True

Question 2

An order is a request by the plaintiff for relief.

Answer 2

False

Question 3

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

Answer 3

False

Question 4

Removal is not permitted if the defendant is a citizen of the state where the action is brought.

Question 5

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

Question 6

A motion must be accompanied by a notice of motion.

Question 7

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

Question 8

The answer may contain counterclaims or cross-claims, but not both.

Question 9

A bill of particulars is part of the list of damages.

Question 10

A complaint can be dismissed for defective service.

Question 11

Unless they are denied, allegations in the complaint are deemed admitted.

Question 12

Prejudicial language is subject to a motion to strike.

Question 13

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

Question 14

Cases that establish precedent should be cited in pleadings.

Question 15

Legal authority is presented in a memorandum of motion. ​

Question 16

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

Question 17

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

Question 18

If a complaint is dismissed, the defendant may collect damages.

Question 19

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

Question 20

Pleadings, once filed, cannot be changed.

Question 21

If a complaint is dismissed ​

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 22

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

Question 23

Documents filed with a motion include the ​

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

Question 24

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

A) ​ ten days
B) ​ three days
C) ​ one day
D) ​ five days

Question 25

Electronic service of documents requires ​

A) three days to be added to the time limit for response. ​
B) ​ the time limit for response to be shortened by three days.
C) ​ the time limit for response to be shortened by one day.
D) ​ one day to be added to the time limit for response.

Question 26

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

Question 27

A motion for summary judgment may be filed ​

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 28

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

Question 29

In responding to the complaint, the defendant may not ​

A) default. ​
B) ​ file a motion to dismiss the action.
C) ​ file a motion to strike.
D) ​ file a motion for a new trial.

Question 30

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

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

Question 31

An answer may contain ​

A) ​ denials.
B) ​ injunctions.
C) ​ third-party complaints.
D) ​ motions.

Question 32

All amendments to pleadings must be completed before trial.

Question 33

An answer must be served within thirty days of receipt of summons. ​

Question 34

Removal from state to federal court is permitted ​

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 35

Once the possible defenses to a claim have been located along with the kinds of facts needed to allege the existence of the defense, the next step is to ​

A) draft the answer. ​
B) ​ draft the defense.
C) ​ compare the kinds of facts that have been located to the known facts in the case at hand to see if the defenses are applicable.
D) ​ determine whether the defenses are affirmative or negative.

Question 36

Judgment on the pleadings and summary judgment vary in that ​

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 37

The basic requirements for a motion are set out in Federal Rule of Civil Procedure ​

A) 4. ​
B) ​ 12(e).
C) ​ 7(b).
D) ​ 59.

Question 38

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

Question 39

Argumentative denials are the most persuasive.

Question 40

The purposes of a motion include to ​

A) ​ state the claim against the defendant.
B) ​ begin the lawsuit.
C) ​ narrow the issues for trial.
D) ​ calculate damages.

Question 41

Defenses to be alleged affirmatively include ​

A) ​ res gestae.
B) ​ failure of payment.
C) ​ latches and hinges.
D) ​ estoppel.

Question 42

Lack of jurisdiction, improper venue, and insufficient service of process are all cause for ​

A) motions for default. ​
B) ​ motions to dismiss.
C) ​ motions for failure to state a claim.
D) ​ petition for removal.

Question 43

What is the purpose of a notice of motion?

Question 44

A motion to strike seeks to rid a pleading of ​

A) prejudicial language. ​
B) ​ indemnification.
C) ​ interpleaders.
D) ​ defensive language.

Question 45

A third-party defendant's responsibility for paying a judgment against the third-party complainant is ​

A) an impleader. ​
B) ​ indemnification.
C) ​ joint liability.
D) ​ the result of a cross-claim.

Question 46

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

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

Question 47

A response to a motion ​

A) ​ may be sufficient for a judge to deny the motion without a hearing.
B) ​ can become the basis for a possible oral argument before the judge.
C) ​ is unnecessary if there is a hearing.
D) ​ may not include legal authority.

Question 48

A special demurrer is similar to ​

A) a motion to make more definite and certain. ​
B) ​ a motion to strike.
C) ​ a motion for summary judgment.
D) ​ default.

Question 49

Removal of action to federal court is ​

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 50

What are the basic requirements of a motion in Rule 7(b)?

Question 51

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

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 52

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

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

Question 53

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 ​

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

Question 54

Affirmative defenses are ​

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 55

List four grounds for dismissing a complaint.

Question 56

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?

Question 57

Permissive counterclaims ​

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.

Question 58

Notice of removal should ​

A) ​ be served with the answer.
B) ​ state facts in support of state jurisdiction.
C) ​ state that all defendants have joined in the removal action.
D) ​ remand the action to state court.

Question 59

A motion for summary judgment must ​

A) ​ allege that there is no question of fact.
B) ​ allege that there is no question of law.
C) ​ not include evidence.
D) ​ be filed before the answer.

Question 60

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

Question 61

What is the purpose of impleader, and what federal rule governs it?

Question 62

What is the difference between compulsory and permissive counterclaims?

Question 63

How can a pleading log be important?

Question 64

List four possible components of the body of the answer.

Question 65

How may a plaintiff respond to affirmative defenses?

Question 66

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

Question 67

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

Question 68

Give three strategic advantages for removing an action from state to federal court.

Question 69

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

Question 70

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?