CIV PRO II: Pleadings - Complaints Quick Quiz

Descrição

Quiz for Civil Procedure based off of the Glannon Series Text.
davidhicks42
Quiz por davidhicks42, atualizado more than 1 year ago
davidhicks42
Criado por davidhicks42 aproximadamente 9 anos atrás
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Resumo de Recurso

Questão 1

Questão
The Plausible Pleading Standard from Twombly is confirmed in what case?
Responda
  • Conolly v. Gibson
  • Ashcroft
  • Beck
  • Kroger

Questão 2

Questão
Which one of these is NOT required in a claim for relief?
Responda
  • 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.

Questão 3

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

Questão 4

Questão
A defendant must serve an answer within 14 days after being served with the summons and complaint.
Responda
  • True
  • False

Questão 5

Questão
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.
Responda
  • True
  • False

Questão 6

Questão
The Rule 12(b)(2)-(5) defenses are:
Responda
  • lack of Personal Jurisdiction
  • Improper Venue
  • Failure to state a claim on which relief can be granted
  • Insufficient Service of Process
  • Insufficient Process

Questão 7

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

Questão 8

Questão
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:
Responda
  • 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.

Questão 9

Questão
Motions for sanctions must be made under Rule 7.
Responda
  • True
  • False

Questão 10

Questão
Rule 15(c):
Responda
  • Same Transaction or Occurrence Test.
  • Same Nucleus of Operative Fact.

Questão 11

Questão
Rule 15(c):
Responda
  • Same Transaction or Occurrence Test.
  • Same Nucleus of Operative Fact.

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