Civil Procedure Quiz 1

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1. Of the following, which is typically NOT a response of a defendant to a Complaint in federal court?

Answer

Motion to Dismiss for Lack of Personal Jurisdiction

Motion to Compel Production of Documents

Motion to Dismiss for Lack of Subject Matter Jurisdiction

About This Quiz

Test your knowledge of US Federal Civil Procedure.
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2. A court is most likely to impose sanctions against an attorney pursuant to...

Rule 8

Rule 11.

Rule 9

Natural Law.

3. A defendant can sue another defendant in a crossclaim, provided

The claim arises out of a transaction that is the subject of the original claim.

The co-defendant has not moved for dismissal.

Liability of one defendant will not prejudice the plaintiff.

Liability of the plaintiff will not prejudice the co-defendant.

4. What is a major difference between a Rule 12(b)(6) motion to dismiss and a Rule 56 motion for summary judgment?

Defendants can move for summary judgment.

A motion for summary judgment will probably rely on evidence gathered during discovery.

A court considers motions for summary judgment de novo.

Defendants can move to dismiss.

5. Pursuant to Federal Rule of Civil Procedure 8, the allegations of a Complaint should . . .

Be plausible.

Raise an inference of liability more compelling than exculpatory inferences.

Raise an inference of scienter more compelling than exculpatory inferences.

Cause a reasonable juror to find liability by a preponderance of the evidence.

6. Pursuant to Rule 14 of the Federal Rules of Civil Procedure, a defendant may serve a complaint (as a third party plaintiff) against a third party (nonparty), provided

The nonparty is already in the case.

The plaintiff has a claim against the nonparty.

7. Of the following which is LEAST accurate regarding Federal Rule of Civil Procedure 12(b)(6) motions to dismiss?

A plaintiff could move to dismiss a counterclaim pursuant to Rule 12(b)(6).

A defendant could move to dismiss a complaint pursuant to Rule 12(b)(6).

A court might convert the motion to a Rule 56 motion for summary judgment.

8. Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure . . .

A plaintiff will designate which officer of a defendant corporation should testify on behalf of the corporation at a deposition.

A defendant corporation should designate a witness to testify on its behalf at a deposition.

A corporation should disclose those individuals who own more than 20% of its stock.

An attorney should disclose his ownership interest in any corporation.

9. Which of the following is most accurate regarding Federal Rule of Civil Procedure 9?

Rule 9 applies to some types of claims, but not to defenses.

Rule 9 applies to some types of defenses.

To satisfy Rule 9, a plaintiff must usually furnish an affidavit explaining the circumstances of the alleged fraud.

Rule 9 governs actions in rem.

10. A defendant may assert a counterclaim against a plaintiff...

If the claim arises out of the transaction or occurrence of the plaintiff's claim.

If the claim is not compulsory.

If the claim has a reasonable nexus to the operating facts of plaintiff's claim.

Unless the counterclaim requires joinder of another party not currently in the case.

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