Servicemembers' Civil Relief Act (Scra) Exam

1. Where does this Act have jurisdiction?

Only in the continental United States.

Only in the states where there is a military base.

None of the above.

This Act has jurisdiction over the United States, including all the states, their political subdivisions, and any territory under the jurisdiction of the United States. This means that the Act applies to all areas within the United States and its territories, regardless of whether there is a military base or not.

Explanation

This Act has jurisdiction over the United States, including all the states, their political subdivisions, and any territory under the jurisdiction of the United States. This means that the Act applies to all areas within the United States and its territories, regardless of whether there is a military base or not.

2. According to the SCRA, what conditions must be met for the court to enter a stay on a civil action taken by a creditor?

The court must receive a letter of dispute from the service member or thecommanding officer.

There are no conditions listed that will excuse a service member fromappearing.

The correct answer is that the court must receive a letter or other communication from either the service-member or the commanding officer that explains the service member's current military status and inability to appear in court, or provide a date when the service member will be available to appear. This means that in order for the court to enter a stay on a civil action taken by a creditor, they need to receive a communication that clearly states the service member's military status and why they are unable to appear in court. This allows the court to understand the situation and make a decision based on the service member's circumstances.

Explanation

The correct answer is that the court must receive a letter or other communication from either the service-member or the commanding officer that explains the service member's current military status and inability to appear in court, or provide a date when the service member will be available to appear. This means that in order for the court to enter a stay on a civil action taken by a creditor, they need to receive a communication that clearly states the service member's military status and why they are unable to appear in court. This allows the court to understand the situation and make a decision based on the service member's circumstances.

3. Interest rates on debts incurred prior to military service are limited to 6% per year during the period of military service.

True

False

The statement is true because the Servicemembers Civil Relief Act (SCRA) limits the interest rates on debts incurred prior to military service to 6% per year during the period of military service. This act provides financial protection to active duty service members by preventing them from being charged high interest rates on their existing debts while serving in the military.

Explanation

The statement is true because the Servicemembers Civil Relief Act (SCRA) limits the interest rates on debts incurred prior to military service to 6% per year during the period of military service. This act provides financial protection to active duty service members by preventing them from being charged high interest rates on their existing debts while serving in the military.

4. What is the definition of a "Service member"?

A member of the uniformed services.

A member of the Democratic party.

A member of the clergy.

None of the above.

The correct answer is "A member of the uniformed services." A service member refers to an individual who is a part of the uniformed services, which include the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force. This term is used to specifically identify individuals who are actively serving in these branches of the military.

Explanation

The correct answer is "A member of the uniformed services." A service member refers to an individual who is a part of the uniformed services, which include the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force. This term is used to specifically identify individuals who are actively serving in these branches of the military.

5. Who is covered under the protection of the S.C.R.A.?

Citizens of the United States serving with allied forces in the prosecutionof a war or military action.

Reserves ordered to report for military service.

Persons ordered to report for induction.

All of the above.

The correct answer is "All of the above." This means that all of the options mentioned in the question are covered under the protection of the S.C.R.A. This includes citizens of the United States serving with allied forces in the prosecution of a war or military action, reserves ordered to report for military service, and persons ordered to report for induction.

Explanation

The correct answer is "All of the above." This means that all of the options mentioned in the question are covered under the protection of the S.C.R.A. This includes citizens of the United States serving with allied forces in the prosecution of a war or military action, reserves ordered to report for military service, and persons ordered to report for induction.

6. This Act does not apply to criminal proceedings.

True

False

The given statement states that "This Act does not apply to criminal proceedings." Therefore, the correct answer is True, indicating that the Act mentioned in the statement does not have any jurisdiction or relevance in criminal proceedings.

Explanation

The given statement states that "This Act does not apply to criminal proceedings." Therefore, the correct answer is True, indicating that the Act mentioned in the statement does not have any jurisdiction or relevance in criminal proceedings.

7. If a defendant in a civil action is in military service, the court may not enter a default judgment until after the court appoints an attorney to represent the defendant.

True

False

If a defendant in a civil action is in military service, the court may not enter a default judgment until after the court appoints an attorney to represent the defendant. This is to ensure that the defendant, who is serving in the military, has proper legal representation and is given a fair chance to defend themselves in the civil action.

Explanation

If a defendant in a civil action is in military service, the court may not enter a default judgment until after the court appoints an attorney to represent the defendant. This is to ensure that the defendant, who is serving in the military, has proper legal representation and is given a fair chance to defend themselves in the civil action.

8. A service-member may waive any of the rights and protections provided by this Act.

True

False

A service-member has the option to voluntarily give up or relinquish any of the rights and protections that are granted to them by this Act.

Explanation

A service-member has the option to voluntarily give up or relinquish any of the rights and protections that are granted to them by this Act.

9. If the service member is a co-defendant with others who are not in military service and who are not entitled to the relief and protections provided under the SCRA, the plaintiff may proceed against the non-military defendants with the approval of the court.

True

False

If a service member is involved in a legal case as a co-defendant with individuals who are not in the military and do not have the same rights and protections under the Servicemembers Civil Relief Act (SCRA), the plaintiff is allowed to proceed with legal action against those non-military defendants, with the court's approval. This means that even though the service member may be protected by the SCRA, the plaintiff can still pursue legal action against the other defendants who do not have the same protections.

Explanation

If a service member is involved in a legal case as a co-defendant with individuals who are not in the military and do not have the same rights and protections under the Servicemembers Civil Relief Act (SCRA), the plaintiff is allowed to proceed with legal action against those non-military defendants, with the court's approval. This means that even though the service member may be protected by the SCRA, the plaintiff can still pursue legal action against the other defendants who do not have the same protections.

10. According to this Act, who is considered to be a legal representative of a service-member?

The service-member’s spouse or parent.

An attorney acting on behalf of the service-member or a personpossessing a power of attorney.

The service-member’s commanding officer.

Any family member having access to service-member’s personalinformation.

According to the given Act, a legal representative of a service-member can be an attorney acting on behalf of the service-member or a person possessing a power of attorney. This means that either a qualified attorney or someone authorized by the service-member through a power of attorney can act as their legal representative.

Explanation

According to the given Act, a legal representative of a service-member can be an attorney acting on behalf of the service-member or a person possessing a power of attorney. This means that either a qualified attorney or someone authorized by the service-member through a power of attorney can act as their legal representative.

11. The court, before entering judgment for the plaintiff (creditor), requires that the plaintiff file what kind of document with the court?

A document that proves beyond a shadow of a doubt that the servicememberis in default of the contract.

A document that provides proof of the debt.

An affidavit stating whether or not the defendant is in military serviceand facts to support the affidavit.

None of the above.

The court requires the plaintiff to file an affidavit stating whether or not the defendant is in military service and provide facts to support the affidavit. This is necessary because if the defendant is in military service, certain legal protections under the Servicemembers Civil Relief Act may apply. The affidavit helps the court determine the defendant's military status and make an informed decision before entering judgment. This document is crucial in ensuring that the defendant's rights are protected and that the court follows the appropriate legal procedures.

Explanation

The court requires the plaintiff to file an affidavit stating whether or not the defendant is in military service and provide facts to support the affidavit. This is necessary because if the defendant is in military service, certain legal protections under the Servicemembers Civil Relief Act may apply. The affidavit helps the court determine the defendant's military status and make an informed decision before entering judgment. This document is crucial in ensuring that the defendant's rights are protected and that the court follows the appropriate legal procedures.

12. If a service member is in breach of the terms of a contract for a real or personal property, the property may be repossessed without a court order.

True

False

According to the statement, if a service member is in breach of the terms of a contract for real or personal property, the property may be repossessed without a court order. This statement is false. In general, property cannot be repossessed without a court order, regardless of whether the person in breach of the contract is a service member or not. Court orders are typically required for repossession to protect the rights of the individual and ensure a fair legal process.

Explanation

According to the statement, if a service member is in breach of the terms of a contract for real or personal property, the property may be repossessed without a court order. This statement is false. In general, property cannot be repossessed without a court order, regardless of whether the person in breach of the contract is a service member or not. Court orders are typically required for repossession to protect the rights of the individual and ensure a fair legal process.

13. What is the purpose of the S.C.R.A.?

To provide for, strengthen, and expedite the national defense.

To provide protection for service members.

To provide for the temporary suspension of judicial and administrativeproceedings.

All of the above.

The purpose of the S.C.R.A. is to provide for, strengthen, and expedite the national defense, provide protection for service members, and provide for the temporary suspension of judicial and administrative proceedings.

Explanation

The purpose of the S.C.R.A. is to provide for, strengthen, and expedite the national defense, provide protection for service members, and provide for the temporary suspension of judicial and administrative proceedings.

14. How is the statute of limitation effected by this Act for service-members?

State law dictates the statute of limitations.

The period of a service member’s military service may not be included incomputing any period.

Statute of limitation on credit accounts varies from state to state.

Federal law gives a blanket of five (5) years from date of last payment.

The period of a service member's military service is not included in computing any period for the statute of limitations. This means that the time a service member spends in the military does not count towards the time limit for filing a lawsuit or taking legal action. This provision is likely included in the Act to protect service members who may be unable to pursue legal matters due to their military service commitments.

Explanation

The period of a service member's military service is not included in computing any period for the statute of limitations. This means that the time a service member spends in the military does not count towards the time limit for filing a lawsuit or taking legal action. This provision is likely included in the Act to protect service members who may be unable to pursue legal matters due to their military service commitments.