Frcp Pleading Rules
This is a quiz to test knowledge of the pleading rules for the Federal Rules of Civil Procedure.
Does not deal with rule 11 or 15. Those WILL be dealt with separately.
- 1.
FRCP 1 is in regards to
- 2.
FRCP 1 says the rules should be administered to facilitate what attributes?
- 3.
FRCP Rule 2 says there is only one kind of action. What is the kind?
- A.
Criminal
- B.
Civil
- C.
Equity
Correct Answer
B. Civil -
- 4.
In FRCP 3 how is an action commenced?
- A.
By filing a complaint
- B.
By serving a party
- C.
By downloading the right form
Correct Answer
A. By filing a complaint -
- 5.
Generally, FRCP 4 deals with what?
Correct Answer
Summons - 6.
A summons must contain:
- A.
Date
- B.
Be directed to defendant
- C.
Be directed to defendant's lawyer
- D.
State the name of Plaintiff's attorney and address (or plaintiff, if pro se)
- E.
Name the court and the parties
- F.
List the evidence
- G.
State the time within which the defendant must appear and defend
- H.
Be signed by the clerk
- I.
Use form 36
- J.
Notify defendant that a failure to appear will result in directed verdict
- K.
State the burden of production for the directed verdict
- L.
Bear the court's seal
Correct Answer(s)
A. Date
B. Be directed to defendant
D. State the name of Plaintiff's attorney and address (or plaintiff, if pro se)
E. Name the court and the parties
G. State the time within which the defendant must appear and defend
H. Be signed by the clerk
J. Notify defendant that a failure to appear will result in directed verdict
L. Bear the court's seal -
- 7.
A summons can be amended?
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
FRCP(4)(a)(2)Rate this question:
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- 8.
If summons is properly completed...
Correct Answer
clerk will sign and seal.Explanation
Also, a copy must be served to EACH defendant.Rate this question:
- 9.
A summons can be served without a copy of the complaint.
- A.
True
- B.
False
Correct Answer
B. False -
- 10.
Service may be done by the plaintiff if above 18.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
FRCP 4(c)(2) -- 18 years old and not party to the case.Rate this question:
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- 11.
At plaintiff's request, for forma pauperis plaintiffs, or seamen, these people can deliver the summons.
Correct Answer
marshals - 12.
FRCP 4(d) deals with
Correct Answer
Waivers - 13.
If defendant accepts service by waiver the time to response to the complaint is what?
- A.
21
- B.
60
- C.
120
Correct Answer
B. 60 -
- 14.
If a defendant fails to waive the court may impose the expenses of service and reasonable attorney's fees on the defendant.
- A.
True
- B.
False
Correct Answer
A. True -
- 15.
Under FRCP 4(e) can you choose to follow state procedures to serve a summons?
- A.
True
- B.
False
Correct Answer
A. True -
- 16.
The following are acceptable under FRCP 4(e)(2) as acceptable forms of service.
- A.
Taping it to a door
- B.
Delivering a copy directly to the person
- C.
Leaving a copy at each dwelling or abode WITH a person of suitable age and discretion who lives there
- D.
Mail
- E.
Delivering a copy of each to an agent authorized by appointment or by law to receive service of processes
Correct Answer(s)
B. Delivering a copy directly to the person
C. Leaving a copy at each dwelling or abode WITH a person of suitable age and discretion who lives there
E. Delivering a copy of each to an agent authorized by appointment or by law to receive service of processes -
- 17.
FRCP 4(g) deals with exceptions involving minors and incompetent persons.
- A.
True
- B.
False
Correct Answer
A. True -
- 18.
If the defendant is not served within ______ days after the complaint is filed the court must dismiss the action.
Correct Answer
120Explanation
Unless the plaintiff shows good cause for the failure, then court can extend.Rate this question:
- 19.
Under Rule 7(a), only these pleadings are allowed
- A.
Answer to a cross claim
- B.
Answer to a complaint
- C.
If ordered by the court, a reply to an answer
- D.
An injunction
- E.
A third party complaint
- F.
A complaint
- G.
An answer to a third party complaint
- H.
An answer to a counterclaim designated as a counterclaim
Correct Answer(s)
A. Answer to a cross claim
B. Answer to a complaint
C. If ordered by the court, a reply to an answer
E. A third party complaint
F. A complaint
G. An answer to a third party complaint
H. An answer to a counterclaim designated as a counterclaim -
- 20.
Under the Conley standard of notice pleading all that was required was
Correct Answer(s)
a short and plain statement
a short and plain statement of the factsExplanation
Note FRCP 8(a)(2) states: a short and plain statement of the claim showing that the pleader is entitled to relief.Rate this question:
- 21.
A claim must contain a statement on the grounds for court's jurisdiction, a short and plain statement of the claim, a demand for the relief sought.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
8(a)Rate this question:
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- 22.
Rule 8(b) is in regards to
Correct Answer
defenses - 23.
You cannot file multiple conflicting claims or defenses.
- A.
True
- B.
False
Correct Answer
B. False -
- 24.
Rule 9(b) deals with what special pleading matter?
- A.
Fraud and mistake -- does not require a heightened pleading standard
- B.
Mental disturbance -- requires heightened pleading
- C.
Fraud and mistake -- requires heightened pleading
Correct Answer
C. Fraud and mistake -- requires heightened pleading -
- 25.
A defendant must serve an answer within ______ days if SERVED
Correct Answer
21Explanation
21 days also applies to cross and counter claims.Rate this question:
- 26.
Which of the 12(b) defenses will be waived if not raised in the initial response?
- A.
Lack of subject-matter jurisdiction
- B.
Lack of personal jurisdiction
- C.
Improper venue
- D.
Insufficient process
- E.
Insufficient service of process
- F.
Failure to state a claim upon which relief can be granted
- G.
Failure to join a party under rule 19
Correct Answer(s)
B. Lack of personal jurisdiction
C. Improper venue
D. Insufficient process
E. Insufficient service of process -
- 27.
Rule 12(c), Motion for judgment on the pleadings, is similar to b 12(b)(6) and Summary judgment. However, it can be used after the close of the pleadings and can be used even if there are disputed facts (e.g. no Summary Judgment)
- A.
True
- B.
False
Correct Answer
A. True -
- 28.
Generally a party who has their complaint dismissed under 12(b)(6) is given ______ opportunities to amend.
- A.
0
- B.
Only 1
- C.
At least 1
Correct Answer
C. At least 1 -
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Current Version
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Mar 14, 2022Quiz Edited by
ProProfs Editorial Team -
Nov 19, 2010Quiz Created by
Rhorwitz
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