Deck 6: Responses to the Complaint

Question 1

Courts generally permit parties against whom a default judgment was entered to petition the court to set it aside.

Answer 1

True

Question 2

In state court, all pleadings, including the answer, must be verified.

Answer 2

False

Question 3

If a defendant in a lawsuit fails to object to the subject matter jurisdiction of the court prior to filing an answer, the defendant loses the right to object thereafter.

Answer 3

False

Question 4

A type of answer that challenges all of the allegations in a complaint is a ________ denial.

A) specific
B) general
C) qualified
D) All of these choices.

Question 5

A claim by a defendant against a plaintiff in a federal court action is known as a ________.

A) counterclaim
B) cross-claim
C) third-party complaint
D) cross-complaint

Question 6

The caption in an answer filed by the dealership should read: "Dan's Dealership, defendant, vs. Sakata, plaintiff."

Question 7

If the defendant has an affirmative defense to a claim, it must be alleged in the answer or it may be deemed waived.

Question 8

All allegations in a counterclaim, cross-claim, or third-party complaint are deemed denied and need not be responded to.

Question 9

A third-party complaint, unlike the cross-claim and counterclaim, is a separate pleading.

Question 10

All answers contain ________.

A) a caption
B) a general denial
C) affirmative defenses
D) Both a and c.

Question 11

Assume that Sakata now refuses to pay for the car. Dan's Dealership could assert failure of consideration on the part of Sakata as an affirmative defense in their answer to the complaint.

Question 12

Sakata was not wearing a seat belt at the time of the accident. This fact should be alleged as an affirmative defense in an answer filed by the defendants.

Question 13

In a federal court action, a general denial challenges the subject matter jurisdiction of the court.

Question 14

A stipulation enlarging time to respond should be signed ________.

A) by the attorneys for the plaintiff and the defendant
B) by the plaintiff and the defendant
C) only by the attorney for the defendant
D) only by the judge

Question 15

A copy of the answer must be personally served on the plaintiff.

Question 16

In federal court, a stipulation enlarging time in which to respond to a complaint must be approved by the court.

Question 17

If this action is filed in federal court and Dan's Dealership wishes to pursue a claim against the manufacturer for indemnity, it could be done in a cross-claim.

Question 18

In answering the complaint, Dan's Dealership and the car manufacturer must be represented by the same attorney.

Question 19

Subject matter jurisdiction in federal court can be challenged by ________.

A) a motion to quash the service of summons
B) a motion to dismiss
C) a demurrer
D) All of these choices.

Question 20

A cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint.

Question 21

A motion to dismiss filed in a federal action can challenge ________.

A) personal jurisdiction
B) subject matter jurisdiction
C) venue
D) All of these choices.

Question 22

If a defendant waives service of process under Rule4, that defendant has ________ days in which to file a response, if the defendant resides within the United States.

Question 23

If a complaint in a federal court action is vague and ambiguous, the defendant should file a ________.

A) general denial
B) motion for a more definite statement
C) demurrer
D) All of these choices.

Question 24

Counterclaims that must be asserted or lost are known as ________.

Question 25

A fact or circumstance that will defeat the plaintiff's claim, even when the plaintiff can prove every contention alleged in the complaint, is known as a(n) ________.

Question 26

A third-party complaint and summons must be served in the same way as a(n) ________ is served.

Question 27

A default judgment against a defendant can be set aside ________.

A) automatically if the defendant files an affidavit within one year showing that the default judgment was entered because of a mistake, inadvertence, or excusable neglect
B) if the plaintiff stipulates that it may be set aside
C) only if the defendant makes a motion to set aside the default
D) only if the defendant was a minor, incompetent, or in the military at the time the default judgment was entered

Question 28

If a defendant has not waived service of process under Rule 4 and the party is not the U.S. government or a federal agency, that defendant has ________ days in which to respond to the complaint.

Question 29

To obtain a default judgment, the plaintiff must ________ his or her claim.

Question 30

If an answer is served by mail on a plaintiff's attorney, service should be evidenced by a(n) ________.

Question 31

A response to a counterclaim is known as a(n) ________.

A) answer
B) response
C) reply
D) affirmative defense

Question 32

A type of answer, often containing only one paragraph, in which the defendant denies all of the allegations of the complaint is a(n) ________.

Question 33

If a defendant fails to answer a complaint, upon the request of the plaintiff's attorney, the court will enter a(n) ________.

Question 34

Defendants are required to have a new summons issued when they file a ________.

A) counterclaim
B) cross-claim
C) third-party complaint
D) All of these choices.