Civil Procedure Multiple Choice
David Crockett resides in Texas. Crockett receives a Complaint and Summons through the
mail which had arrived at his address in San Antonio, Texas, while he was away on vacation
in Tennessee to visit family members. The civil action is filed in a federal court in Texas by
Judy Jones. After opening the letter, Crockett immediately calls his attorney. Crockett's
lawyer informs Jones' attorney that Crockett refuses to waive service of process. Pick the
best answer.
a. Notice is a constitutional right and Crockett may have to be personally served with the
complaint and summons, depending on the reasonableness of attempted service
circumstances.
b. Notice can be waived by Jones which would give Crockett extra time to file an Answer.
c. Because Crockett was not in Texas at the time, he can request that notice be quashed.
d. Crockett need not reply as there is clearly no subject matter jurisdiction over the
defendant.
Obtaining subject matter jurisdiction over a defendant in a 1332 Diversity cause of action
requires the following:
a. The amount in controversy must exceed $75,000.
b. All Plaintiffs must be diverse from all Defendants.
c. a and b.
d. None of the above.
c. a and b.
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Saul Ross wants to file a pre-Answer motion before he files his pleading. All of the following
are True except:
a. If Ross files a pre-Answer motion and excludes any of the four disfavored objections
under FRCP 12(b), he may put a favored objection in the Answer.
, b. Lack of Subject Matter Jurisdiction can be raised at any time during the trial process by
anyone to include the judge - it is never waived.
c. Venue is measured for a Corporation as to where it is subject to personal jurisdiction.
d. Pre-Answer motions are non-discretionary.
The Well Pleaded Complaint Rule holds that:
a. The federal question must be in the plaintiff's pleading.
b. Under FRCP 8(a), a pleading must contain a short and plain statement of the claim
showing that the pleader is entitled to relief.
c. The defendant's pleading must contain the federal
claim.
d. In responding to a pleading, a party must affirmatively
state any avoidance or affirmative action.
a. The federal question must be in the plaintiff's pleading.
Pick the best answer regarding jury trials.
a. Jury trials are a Constitutional right set out in the 7th
Amendment, they can't be waived.
b. Courts use the Historical Test to determine if a civil action is
closer to a law or an equity remedy.
c. A request for a jury trial may be made by the defendant, the plaintiff, or the judge.
d. Jury trials are preserved to 1861.
b. Courts use the Historical Test to determine if a civil action is
Pick the best answer:
a. Written interrogatories are questions posed by the judge and sent to an opposing party
only.
b. Non privileged matters are not subject to DISCOVERY.
c. Oral depositions are used for witnesses prior to trial.
d. A State court alone determines privileged matters for that State and the FRCP requires
that they be followed.
c. Oral depositions are used for witnesses prior to trial.
Teresa Blake wants to join in a lawsuit filed by Jim Beam against Drew Department Stores,
Inc., regarding various allegations of violations of the Fair Trade Act - a Federal law passed
by Congress. Pick the best answer.
a. Blake must first file a motion for intervention of right showing that a serious right will be
infringed if she is not allowed to join the lawsuit.
b. Blake's attempt to assert permissive intervention requires a showing of a compulsory
claim to the court.
David Crockett resides in Texas. Crockett receives a Complaint and Summons through the
mail which had arrived at his address in San Antonio, Texas, while he was away on vacation
in Tennessee to visit family members. The civil action is filed in a federal court in Texas by
Judy Jones. After opening the letter, Crockett immediately calls his attorney. Crockett's
lawyer informs Jones' attorney that Crockett refuses to waive service of process. Pick the
best answer.
a. Notice is a constitutional right and Crockett may have to be personally served with the
complaint and summons, depending on the reasonableness of attempted service
circumstances.
b. Notice can be waived by Jones which would give Crockett extra time to file an Answer.
c. Because Crockett was not in Texas at the time, he can request that notice be quashed.
d. Crockett need not reply as there is clearly no subject matter jurisdiction over the
defendant.
Obtaining subject matter jurisdiction over a defendant in a 1332 Diversity cause of action
requires the following:
a. The amount in controversy must exceed $75,000.
b. All Plaintiffs must be diverse from all Defendants.
c. a and b.
d. None of the above.
c. a and b.
Brainpower
Read More
Previous
Play
Next
Rewind 10 seconds
Move forward 10 seconds
Unmute
0:00
/
0:15
Full screen
Saul Ross wants to file a pre-Answer motion before he files his pleading. All of the following
are True except:
a. If Ross files a pre-Answer motion and excludes any of the four disfavored objections
under FRCP 12(b), he may put a favored objection in the Answer.
, b. Lack of Subject Matter Jurisdiction can be raised at any time during the trial process by
anyone to include the judge - it is never waived.
c. Venue is measured for a Corporation as to where it is subject to personal jurisdiction.
d. Pre-Answer motions are non-discretionary.
The Well Pleaded Complaint Rule holds that:
a. The federal question must be in the plaintiff's pleading.
b. Under FRCP 8(a), a pleading must contain a short and plain statement of the claim
showing that the pleader is entitled to relief.
c. The defendant's pleading must contain the federal
claim.
d. In responding to a pleading, a party must affirmatively
state any avoidance or affirmative action.
a. The federal question must be in the plaintiff's pleading.
Pick the best answer regarding jury trials.
a. Jury trials are a Constitutional right set out in the 7th
Amendment, they can't be waived.
b. Courts use the Historical Test to determine if a civil action is
closer to a law or an equity remedy.
c. A request for a jury trial may be made by the defendant, the plaintiff, or the judge.
d. Jury trials are preserved to 1861.
b. Courts use the Historical Test to determine if a civil action is
Pick the best answer:
a. Written interrogatories are questions posed by the judge and sent to an opposing party
only.
b. Non privileged matters are not subject to DISCOVERY.
c. Oral depositions are used for witnesses prior to trial.
d. A State court alone determines privileged matters for that State and the FRCP requires
that they be followed.
c. Oral depositions are used for witnesses prior to trial.
Teresa Blake wants to join in a lawsuit filed by Jim Beam against Drew Department Stores,
Inc., regarding various allegations of violations of the Fair Trade Act - a Federal law passed
by Congress. Pick the best answer.
a. Blake must first file a motion for intervention of right showing that a serious right will be
infringed if she is not allowed to join the lawsuit.
b. Blake's attempt to assert permissive intervention requires a showing of a compulsory
claim to the court.
