Civil Procedure I (Gensler, 1L) ACTUAL
QUESTIONS AND CORRECT ANSWERS
What does Rule 8(a) deal with (subject)? - CORRECT ANSWERS✅✅The Complaint
Rule 8(a) Elements - CORRECT ANSWERS✅✅(1) Short & plain statement of jurisdiction
(2) Statement of claim showing plaintiff is entitled to relief
(3) Demand for relief
What is the holding in Conley v Gibson? - CORRECT ANSWERS✅✅Federal rules require
fair notice (not detailed facts)
What does Bell Atlantic Corp. v Twombly establish? - CORRECT
ANSWERS✅✅Plausibility test. You don't need to plead all your facts, but you must assert
enough facts to show they are entitled to relief, 8(a)(2). More than naked recitation of the
law.
What did Ashcroft v Iqbal establish? - CORRECT ANSWERS✅✅To survive 12(b)(6)
motion, Kennedy 2 step: 1) redline conclusory statements 2) apply plausibility test
What is the topic of rule 12(b)? - CORRECT ANSWERS✅✅Motion to Dismiss
What are the 7 Rule 12(b) defenses? - CORRECT ANSWERS✅✅(1) lack of subject-matter
jurisdiction (2) lack of personal jurisdiction
(3) improper venue
(4) insufficient process
(5) insufficient service process
(6) failure to state a claim upon which relief can be granted and
(7) failure to join a party
What is the subject of Rule 9? - CORRECT ANSWERS✅✅Special Pleadings
,What is the purpose of Rule 9? - CORRECT ANSWERS✅✅"Let them know the punch is
coming" be specific when it's unexpected
What are some circumstances where you should use Rule 9? - CORRECT
ANSWERS✅✅Fraud, special damages (woud not normally associate with the claim),
denying conditions precedent, etc.
What does Rule 10 deal with? - CORRECT ANSWERS✅✅Formatting of Complaint
What is the subject of Rule 4? - CORRECT ANSWERS✅✅Service & Summons of
complaint
What is are the 2 main purposes of Rule 4? - CORRECT ANSWERS✅✅to provide adequate
notice to opposing party & to satisfy due process guaranteed in Constitution
What is Rule 4(c)? (elements and topic) - CORRECT ANSWERS✅✅Service:
(1) complaint & summons must be served together
(2) 18+
(3) Service can be specifically appointed
What is the topic of Rule 4(a)? - CORRECT ANSWERS✅✅Form of the summons.
What is Rule 4(e)? (topic & elements) What case deals with this? - CORRECT
ANSWERS✅✅Service inside USA
(1) State ways- reasonably calculated under circumstances (Mullane v. Hanover)
(2) Federal ways
(A) deliver personally
(B) leave copy at dwelling with someone of suitable age & discretion (C) leave with agent of
defendant
What is Rule 4(f)? (topic & case) - CORRECT ANSWERS✅✅Service outside of USA (Rio
v Rio, can use State ways)
, What is the purpose of the summons? - CORRECT ANSWERS✅✅To establish the court's
power over defendant
How long does a plaintiff have to serve process after filing the complaint (under Rule 4(m))?
Is this set in stone? - CORRECT ANSWERS✅✅120 days. Court can extend deadline if
good cause for failure is established.
What does Rule 4(d) deal with? What is the benefit of this? - CORRECT
ANSWERS✅✅Waiving Service. Allows more time for defendant to respond.
What is the subject of Rule 12? - CORRECT ANSWERS✅✅Defenses & objections/
Motions
What are Rule 12(e), (f), (g), and (h) - CORRECT ANSWERS✅✅Motion for more definite
statement
Motion to Strike
Joining Motions
Preservation of defenses
What does Rule 12(g) do? - CORRECT ANSWERS✅✅Gives you 1 pre-answer shot to file
motion. All motions must be joined.
What are the 4 Disfavorites & what rule dictates them? - CORRECT
ANSWERS✅✅Personal Jurisdiction, improper venue, insufficient process, and insufficient
service process.
Rule 12(h) says you waive your right to use them after first response
What is the topic of Rule 8(b)? - CORRECT ANSWERS✅✅Responding (Answering)
QUESTIONS AND CORRECT ANSWERS
What does Rule 8(a) deal with (subject)? - CORRECT ANSWERS✅✅The Complaint
Rule 8(a) Elements - CORRECT ANSWERS✅✅(1) Short & plain statement of jurisdiction
(2) Statement of claim showing plaintiff is entitled to relief
(3) Demand for relief
What is the holding in Conley v Gibson? - CORRECT ANSWERS✅✅Federal rules require
fair notice (not detailed facts)
What does Bell Atlantic Corp. v Twombly establish? - CORRECT
ANSWERS✅✅Plausibility test. You don't need to plead all your facts, but you must assert
enough facts to show they are entitled to relief, 8(a)(2). More than naked recitation of the
law.
What did Ashcroft v Iqbal establish? - CORRECT ANSWERS✅✅To survive 12(b)(6)
motion, Kennedy 2 step: 1) redline conclusory statements 2) apply plausibility test
What is the topic of rule 12(b)? - CORRECT ANSWERS✅✅Motion to Dismiss
What are the 7 Rule 12(b) defenses? - CORRECT ANSWERS✅✅(1) lack of subject-matter
jurisdiction (2) lack of personal jurisdiction
(3) improper venue
(4) insufficient process
(5) insufficient service process
(6) failure to state a claim upon which relief can be granted and
(7) failure to join a party
What is the subject of Rule 9? - CORRECT ANSWERS✅✅Special Pleadings
,What is the purpose of Rule 9? - CORRECT ANSWERS✅✅"Let them know the punch is
coming" be specific when it's unexpected
What are some circumstances where you should use Rule 9? - CORRECT
ANSWERS✅✅Fraud, special damages (woud not normally associate with the claim),
denying conditions precedent, etc.
What does Rule 10 deal with? - CORRECT ANSWERS✅✅Formatting of Complaint
What is the subject of Rule 4? - CORRECT ANSWERS✅✅Service & Summons of
complaint
What is are the 2 main purposes of Rule 4? - CORRECT ANSWERS✅✅to provide adequate
notice to opposing party & to satisfy due process guaranteed in Constitution
What is Rule 4(c)? (elements and topic) - CORRECT ANSWERS✅✅Service:
(1) complaint & summons must be served together
(2) 18+
(3) Service can be specifically appointed
What is the topic of Rule 4(a)? - CORRECT ANSWERS✅✅Form of the summons.
What is Rule 4(e)? (topic & elements) What case deals with this? - CORRECT
ANSWERS✅✅Service inside USA
(1) State ways- reasonably calculated under circumstances (Mullane v. Hanover)
(2) Federal ways
(A) deliver personally
(B) leave copy at dwelling with someone of suitable age & discretion (C) leave with agent of
defendant
What is Rule 4(f)? (topic & case) - CORRECT ANSWERS✅✅Service outside of USA (Rio
v Rio, can use State ways)
, What is the purpose of the summons? - CORRECT ANSWERS✅✅To establish the court's
power over defendant
How long does a plaintiff have to serve process after filing the complaint (under Rule 4(m))?
Is this set in stone? - CORRECT ANSWERS✅✅120 days. Court can extend deadline if
good cause for failure is established.
What does Rule 4(d) deal with? What is the benefit of this? - CORRECT
ANSWERS✅✅Waiving Service. Allows more time for defendant to respond.
What is the subject of Rule 12? - CORRECT ANSWERS✅✅Defenses & objections/
Motions
What are Rule 12(e), (f), (g), and (h) - CORRECT ANSWERS✅✅Motion for more definite
statement
Motion to Strike
Joining Motions
Preservation of defenses
What does Rule 12(g) do? - CORRECT ANSWERS✅✅Gives you 1 pre-answer shot to file
motion. All motions must be joined.
What are the 4 Disfavorites & what rule dictates them? - CORRECT
ANSWERS✅✅Personal Jurisdiction, improper venue, insufficient process, and insufficient
service process.
Rule 12(h) says you waive your right to use them after first response
What is the topic of Rule 8(b)? - CORRECT ANSWERS✅✅Responding (Answering)
