Тема 2. John doe vs john doe – tort Law cases

Michael S. Feldman, Esq.

1 A party may remove to Federal Court...

Начало формы

1. Only a portion of a lawsuit filed in State Court

2. Only the complete lawsuit filed in State Court

3. The entirety of a civil proceeding filed in State Court without the third party action

4. None of the above

2 A civil action is commenced by...

1. Filing a complaint with the Court

2. Filing a summons with the Court

3. Purchasing a docket number

4. Filing a summons and complaint with the Court

5. Serving a complaint on the defendant

3 A civil action is commenced on...

1. The date the complaint is filed

2. The date the complaint is served

3. The date that the index number is purchased

4. None of the above

4 Once a plaintiff files the complaint, the plaintiff must prosecute the action...

1. Within 3 years

2. Within 2 years

3. Within 5 years

4. With due diligence

5 A summons must...

1. Name the Court and the parties

2. Be directed to the defendant

3. State the time within which the defendant must appear and defend

4. Be signed by the clerk

5. All of the above

6 A U.S. Marshall will serve process of a summons and complaint...

1. When asked to by the plaintiff's attorney

2. Only on cases involving constitutional issues

3. When asked to by an independent process server to complete service

4. When ordered to do so by the Court

5. None of the above

7 Fill in the blank: Any party who draws into question the constitutionality of a Federal or State statute must ensure that the appropriate __________ is informed of the pending litigation challenge.

1. State Court tribunal

2. Chief Judge of the highest Court of the State

3. Governor

4. Attorney General

5. Senator

8 Fill in the blank: Unless the District Court specifies otherwise, a written motion and notice of hearing must be served on the non-moving party at least ___________ days before a motion hearing date.

1. 14

2. 10

3. 7

4. 20

5. 21

9 A pleading that states a claim for relief must contain...

1. A short and plain statement of the grounds for the Court's jurisdiction, unless the court already had jurisdiction and the claim needs no new jurisdictional support

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

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

4. All of the above

5. None of the above

10 A respondent must raise all affirmative defenses as affirmative defenses or they are waived.

1. True

2. False

3. Partially true

4. Partially false

11 Fill in the blank: A defendant must serve an answer within ________ days after being served with the summons or complaint.

1. 21

2. 7

3. 14

4. 28

5. 60

12 Fill in the blank: A defendant may serve a third-party complaint without obtaining the Court's leave if filed within ________ days after serving it's original answer.

1. 21

2. 7

3. 10

4. 60

5. 14

13 One or more members of a class may sue or be sued as representative parties on behalf of all members only if...

1. The class is so numerous that joinder of all members is impracticable

2. There are questions of law or fact common to the class

3. The claims or defenses of the representative parties are typical of the claims or defenses of the class

4. The representative parties will fairly and adequately protect the interest of the class

5. All of the above

6. None of the above

14 Fill in the blank: Unless otherwise stipulated or ordered by the Court, a deposition is limited to one day of __________ hours

1. 3

2. 5

3. 7

4. 8

5. 10

6. 12

15 Fill in the blank: Unless stipulated to, the time to respond to a Request to Admit must be served within _________ days after being served with the Request to Admit.

1. 7

2. 10

3. 14

4. 21

5. 30

6. 60

16 A jury may be demanded by...

1. Any party

2. The plaintiff

3. The defendant

4. The Court

5. All of the above

6. None of the above

17 Fill in the blank: Pursuant to Rule 47(b), each party has _________ peremptory challenges when selecting a jury.

1. 2

2. 3

3. 4

4. 5

5. 6

6. 7

18 Unless the parties stipulate otherwise, the verdict must...

1. Be unanimous and must be returned by a jury of at least 6 members

2. Be returned by 5 out of 6 members

3. Be returned by 9 members

4. Does not have to be unanimous

5. None of the above

19 Documents produced in response to document requests are...

1. Admissible as allowed by the rules of evidence

2. May be objected to as irrelevant

3. May be objected to as prejudicial

4. May be objected for any applicable objection

5. All of the above

6. None of the above

20 Each party must disclose the identity of its expert witnesses and produce an expert report for each expert witness.

1. True

2. False

3. Partially true

4. Partially false Конец формы