Quiz
CIV PRO II: Pleadings - Complaints Quick Quiz
Questions in this quiz (11)
1The Plausible Pleading Standard from Twombly is confirmed in what case?
- AConolly v. Gibson
- BAshcroft
- CBeck
- DKroger
2Which one of these is NOT required in a claim for relief?
- AA demand for relief sought, which may include relief in the alternative or different types of relief.
- BA short and plain statement of the claim showing that the pleader is entitled to relief.
- CFacts: time, place , why, circumstances.
3FRCP (9)(g) states that special damages must be specifically stated. Which of the following is included in special damages?
- AThose damages that would be normally anticipated from a particular event.
- BThose damages that would not normally be anticipated from a certain event.
- CBoth A & C.
4A defendant must serve an answer within 14 days after being served with the summons and complaint.
- ATrue
- BFalse
5Rule 12(g) does not require a party to file a pre-answer motion. However, if a party chooses to file a pre-answer motion, it must consolidate all available defenses in the motion.
- ATrue
- BFalse
6The Rule 12(b)(2)-(5) defenses are:
- Alack of Personal Jurisdiction
- BImproper Venue
- CFailure to state a claim on which relief can be granted
- DInsufficient Service of Process
- EInsufficient Process
7Rule 12(h)(3) permits a court to dismiss an action at any time that the court determines that it lacks subject matter jurisdiction.
- ATrue
- BFalse
8Rule 11 (Care and Candor) requires a pleader to certify, whether by signing, filing, submitting or arguing a motion or pleading, that the pleader has made a reasonable inquiry that the pleading's:
- ASubjective determination of whether Defendant's actions were reasonable.
- BClaims, defenses, and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying or reversing existing law.
- CIs not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.
- DThe denials of factual contentions are warranted on the evidence, or if specifically so identified, are reasonably based on belief or lack of information
- EFactual contentions have evidentiary support, or if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation.
9Motions for sanctions must be made under Rule 7.
- ATrue
- BFalse
10Rule 15(c):
- ASame Transaction or Occurrence Test.
- BSame Nucleus of Operative Fact.
11Rule 15(c):
- ASame Transaction or Occurrence Test.
- BSame Nucleus of Operative Fact.
Information
- Description
- Quiz for Civil Procedure based off of the Glannon Series Text.
- Author
- davidhicks42
- Language
- English
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- 160
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