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CIV PRO II: Pleadings - Complaints Quick Quiz

davidhicks42 11 questions

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Questions in this quiz (11)

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

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