2652754
Description
Quiz by davidhicks42, updated more than 1 year ago
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Created by davidhicks42
over 9 years ago
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Question 1
Question
The Plausible Pleading Standard from Twombly is confirmed in what case?
Answer
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Conolly v. Gibson
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Ashcroft
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Beck
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Kroger
Question 2
Question
Which one of these is NOT required in a claim for relief?
Answer
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A demand for relief sought, which may include relief in the alternative or different types of relief.
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A short and plain statement of the claim showing that the pleader is entitled to relief.
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Facts: time, place , why, circumstances.
Question 3
Question
FRCP (9)(g) states that special damages must be specifically stated. Which of the following is included in special damages?
Answer
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Those damages that would be normally anticipated from a particular event.
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Those damages that would not normally be anticipated from a certain event.
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Both A & C.
Question 4
Question
A defendant must serve an answer within 14 days after being served with the summons and complaint.
Answer
- True
- False
Question 5
Question
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.
Answer
- True
- False
Question 6
Question
The Rule 12(b)(2)-(5) defenses are:
Answer
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lack of Personal Jurisdiction
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Improper Venue
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Failure to state a claim on which relief can be granted
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Insufficient Service of Process
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Insufficient Process
Question 7
Question
Rule 12(h)(3) permits a court to dismiss an action at any time that the court determines that it lacks subject matter jurisdiction.
Answer
- True
- False
Question 8
Question
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:
Answer
-
Subjective determination of whether Defendant's actions were reasonable.
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Claims, defenses, and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying or reversing existing law.
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Is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.
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The denials of factual contentions are warranted on the evidence, or if specifically so identified, are reasonably based on belief or lack of information
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Factual contentions have evidentiary support, or if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation.
Question 9
Question
Motions for sanctions must be made under Rule 7.
Answer
- True
- False
Question 10
Question
Rule 15(c):
Answer
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Same Transaction or Occurrence Test.
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Same Nucleus of Operative Fact.
Question 11
Question
Rule 15(c):
Answer
-
Same Transaction or Occurrence Test.
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Same Nucleus of Operative Fact.
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