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Quiz by , created more than 1 year ago

Quiz for Civil Procedure based off of the Glannon Series Text.

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davidhicks42
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CIV PRO II: Pleadings - Complaints Quick Quiz

CIV PRO II: Pleadings - Complaints Quick Quiz

Question 1 of 11

1

The Plausible Pleading Standard from Twombly is confirmed in what case?

Select one of the following:

  • Conolly v. Gibson

  • Ashcroft

  • Beck

  • Kroger

Explanation

Question 2 of 11

1

Which one of these is NOT required in a claim for relief?

Select one of the following:

  • A demand for relief sought, which may include relief in the alternative or different types of relief.

  • A short and plain statement of the claim showing that the pleader is entitled to relief.

  • Facts: time, place , why, circumstances.

Explanation

Question 3 of 11

1

FRCP (9)(g) states that special damages must be specifically stated. Which of the following is included in special damages?

Select one of the following:

  • Those damages that would be normally anticipated from a particular event.

  • Those damages that would not normally be anticipated from a certain event.

  • Both A & C.

Explanation

Question 4 of 11

1

A defendant must serve an answer within 14 days after being served with the summons and complaint.

Select one of the following:

  • True
  • False

Explanation

Question 5 of 11

1

Rule 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.

Select one of the following:

  • True
  • False

Explanation

Question 6 of 11

1

The Rule 12(b)(2)-(5) defenses are:

Select one or more of the following:

  • lack of Personal Jurisdiction

  • Improper Venue

  • Failure to state a claim on which relief can be granted

  • Insufficient Service of Process

  • Insufficient Process

Explanation

Question 7 of 11

1

Rule 12(h)(3) permits a court to dismiss an action at any time that the court determines that it lacks subject matter jurisdiction.

Select one of the following:

  • True
  • False

Explanation

Question 8 of 11

1

Rule 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:

Select one or more of the following:

  • Subjective determination of whether Defendant's actions were reasonable.

  • Claims, defenses, and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying or reversing existing law.

  • Is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.

  • The denials of factual contentions are warranted on the evidence, or if specifically so identified, are reasonably based on belief or lack of information

  • Factual contentions have evidentiary support, or if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation.

Explanation

Question 9 of 11

1

Motions for sanctions must be made under Rule 7.

Select one of the following:

  • True
  • False

Explanation

Question 10 of 11

1

Rule 15(c):

Select one of the following:

  • Same Transaction or Occurrence Test.

  • Same Nucleus of Operative Fact.

Explanation

Question 11 of 11

1

Rule 15(c):

Select one of the following:

  • Same Transaction or Occurrence Test.

  • Same Nucleus of Operative Fact.

Explanation

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