Deck 5: The Complaint

Question 1

All documents filed in court are known as pleadings.

Answer 1

False

Question 2

Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, for whom Delaney works. Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries.
Piazza would probably sue for a type of damage known as compensatory damages.

Answer 2

True

Question 3

A summons is a court order directing a defendant to appear personally in court.

Answer 3

False

Question 4

A five-year-old child cannot maintain a lawsuit in his own name because a child ________.

A) is not a real party in interest
B) lacks the capacity to sue
C) does not have status to sue
D) All of these choices.

Question 5

All complaints contain a verification.

Question 6

A complaint usually contains allegations showing that the court in which the action is filed has both jurisdiction and venue.

Question 7

Technical rules regarding form and content of pleadings are often found in ________.

A) case law
B) form books
C) local rules of court
D) state constitutions

Question 8

Jaworsky, the driver of a vehicle, and Bigelow, a passenger in that car, were both injured in an automobile accident caused by the negligence of Thornton, the operator of another vehicle. Jaworsky and Bigelow are both allowed to sue Thornton in the same complaint because of the law regarding ________.

A) permissive joinder
B) compulsory joinder
C) class actions
D) indispensable parties

Question 9

Delaney should not be named as a defendant in this lawsuit because he is a director and officer of the corporation.

Question 10

Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, for whom Delaney works. Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries.
Piazza's medical bills are an item of special damages.

Question 11

Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, for whom Delaney works. Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries.
Piazza's pain and suffering are items of special damages.

Question 12

Punitive damages are also referred to as exemplary damages.

Question 13

When parties in a lawsuit are required to be joined, they are sometimes referred to as indispensable parties.

Question 14

An express statement under penalty of perjury that the contents of a document are true is known as a(n) ________.

A) allegation
B) contention
C) verification
D) subscription

Question 15

All complaints filed in federal court must expressly state a cause of action.

Question 16

The part of a complaint or petition that identifies the parties to the lawsuit is known as the ________.

A) caption
B) allegations
C) prayer
D) subscription

Question 17

Courts generally take a liberal attitude in determining the legal sufficiency of pleadings.

Question 18

If Exquisite Homes is sued, it should be identified in the complaint as "DGA, Inc., a corporation doing business as Exquisite Homes."

Question 19

A complaint and summons in a federal action can usually be served by the plaintiff, a licensed process server, or by the U.S. Marshal.

Question 20

All complaints must be personally served on the defendant.

Question 21

Minors and incompetents must have a(n) ________ appointed in order to pursue a lawsuit.

Question 22

To find information about court files in a federal court, a party should access the electronic system known as ________.

Question 23

A plaintiff is usually allowed to amend a complaint ________.

A) at any time by simply filing an amended complaint
B) only as long as the defendant has not filed an answer
C) only if the plaintiff has obtained a prior court order
D) if all other parties have stipulated in writing that the complaint can be amended

Question 24

The real parties in interest for a partnership are ________.

Question 25

Before filing a complaint electronically in federal court, which of the following is not required?

A) The filing attorney must register with PACER and CM/ECF and obtain a special log-on password.
B) The complaint must be prepared in a PDF format.
C) The filing attorney must have the written consent of the defendant.
D) The payment of filing fees must be arranged.

Question 26

When a complaint is filed, the court assigns a(n) ________ number.

Question 27

The attorney's signature at the end of a complaint is called a(n) ________.

Question 28

When a plaintiff has multiple claims against a defendant, the resulting lawsuit may contain numerous causes of action or ________.

Question 29

A court order requiring that a party take some action or refrain from certain conduct, issued by a court without a formal hearing at the beginning of a lawsuit, is known as ________.

A) a temporary restraining order
B) a preliminary injunction
C) a permanent injunction
D) declaratory relief

Question 30

All complaints contain ________, which are statements describing the contentions and defenses of the parties to the lawsuit.

Question 31

The phrase "doing business as" refers to a business that uses a(n) ________.

Question 32

Andrews and Bates have a written contract in which Bates promises to sell Andrews a piece of real estate. Bates refuses to complete the transaction. Andrews sues Bates for specific performance, asking the court to order Bates to complete the sale. This action is for ________.

A) compensatory damages
B) punitive damages
C) equitable relief
D) declarative relief

Question 33

Before a class action lawsuit can proceed, a judge must ________ the class.

Question 34

Service of a complaint and summons on a corporation is accomplished by serving ________.

A) any director of the corporation
B) any employee of the corporation
C) the agent for service of process
D) Both a and c.

Question 35

The document issued by the court clerk at the time of filing a complaint is known as a(n) ________.