Deck 6: Introduction to Federal Procedure

Question 1

DEFINE
motion

Answer 1

A motion is an application to a court for a ruling, order or instructions concerning a matter of procedure or law. The term motion is generally used with reference to all such applications, whether written or oral.

Question 2

In what way is a third-party claim tied to the plaintiff's claim?

Answer 2

The third-party action must seek contribution or indemnity from the third- party defendant for the obligation that the defendant/third-party plaintiff has to
the plaintiff. Otherwise, there is no justification for burdening the plaintiff with involvement in the third-party action. Note, the third-party action does not necessarily have to arise out of the same transaction or occurrence upon which the plaintiff's claim is based. The Hypothetical Case gives us an example of that.

Question 3

DEFINE
jury demand

Answer 3

A jury demand is a notice on a pleading or separate statement served and filed by a party, indicating that the party wants a trial by jury.

Question 4

When is a counterclaim compulsory?

Question 5

DEFINE
count

Question 6

If a defendant has a claim against the plaintiff, the defendant may assert the claim in a , which must be served with the
.

Question 7

DEFINE
special damages

Question 8

According to the federal rules, the defendant(s) must respond to summons and complaint within days, a period which begins to run on the
.

Question 9

DEFINE
ad damnum clause

Question 10

If the defendant fails to serve an answer to the complaint within the time specified, he or she is considered to be .

Question 11

In federal court, when the complaint is duly filed and the filing fee paid, the clerk of court prepares a which the lawyer must attach to a copy of the complaint. A separate summons must be issued for each defendant. The clerk of court assigns a file number to the action when the complaint is filed.

Question 12

What functions does the complaint serve?

Question 13

Who may serve a subpoena?

Question 14

The establishes the scope of the plaintiff's claims.

Question 15

DEFINE
waiver

Question 16

Any allegation in the complaint which is not denied is presumed to be
.

Question 17

DEFINE
summons

Question 18

The defendant may bring an action against a person other than the plaintiff to obtain indemnity or contribution from that person for the liability that the defendant has to the plaintiff by serving a upon that person.

Question 19

How may the summons and complaint be served?

Question 20

DEFINE
ex parte

Question 21

What is the primary consideration in determining whether cases should be consolidated for purposes of trial?

Question 22

May a paralegal sign the pleadings instead of the lawyer for whom he or she works?

A) Yes, but only if he or she prepared the pleadings.
B) Yes, but only if the client signs the pleadings as well.
C) No, of the two, only the lawyer who is licensed to practice in the court where the case is venued may sign the pleading.
D) No, because then the paralegal would be working as an attorney per se.

Question 23

The place of the occurrence may determine:

A) whether the court has jurisdiction.
B) which state's laws apply in determining the parties' substantive rights.
C) whether the parties have complied with all notice requirements.
D) (a) and (b) only.
E) all of the above.

Question 24

When is a motion required to obtain a subpoena with which to compel a witness to appear in court?

Question 25

The U.S. marshal makes a record of the service of process in a document called the .

Question 26

Why is it necessary to state the time of an occurrence or transaction in the complaint?

A) Time factors are important to identify the occurrence.
B) Time factors are important to determine whether the statute of limitations has run against the claim.
C) Time factors are important to determine whether the parties have complied with all notice requirements.
D) (a) and (b) only.
E) all of the above.

Question 27

If a complaint, answer, or other pleading is insufficient to state a claim or defense, the opposing party may move the court to .

Question 28

Even if the defendant admits allegations contained in the complaint, the plaintiff still must prove the facts concerning the allegations.

Question 29

The clerk of court assigns a file number to the action when the complaint is filed, but all subsequent pleadings, motions, orders, affidavits, and depositions must be given a new and separate number.

Question 30

Describe two means by which a summons and complaint may be "personally"
served upon the defendant.