Question 1

DEFINE
-motion

Accepted Answer

A motion is an application to a court for a ruling, order or instructions concerning a matter of procedure or law. The term motion is generally used with reference to all such applications, whether written or oral.

Question 2

In what way is a third-party claim tied to the plaintiff's claim?

Accepted Answer

The third-party action must seek contribution or indemnity from the third- party defendant for the obligation that the defendant/third-party plaintiff has to
the plaintiff. Otherwise, there is no justification for burdening the plaintiff with involvement in the third-party action. Note, the third-party action does not necessarily have to arise out of the same transaction or occurrence upon which the plaintiff's claim is based. The Hypothetical Case gives us an example of that.

Question 3

DEFINE
-jury demand

Accepted Answer

A jury demand is a notice on a pleading or separate statement served and filed by a party, indicating that the party wants a trial by jury.

Question 4

When is a counterclaim compulsory?

Accepted Answer

The answer of When is a counterclaim compulsory?...

Question 5

DEFINE
-count

Accepted Answer

The answer of DEFINE
-count...

Question 6

If a defendant has a claim against the plaintiff, the defendant may assert the claim in a , which must be served with the
.

Accepted Answer

The answer of If a defendant has a claim against...

Question 7

DEFINE
-special damages

Accepted Answer

The answer of DEFINE
-special damages...

Question 8

According to the federal rules, the defendant(s) must respond to summons and complaint within days, a period which begins to run on the
.

Accepted Answer

The answer of According to the federal rules, the defendant(s)...

Question 9

DEFINE
-ad damnum clause

Accepted Answer

The answer of DEFINE
-ad damnum clause...

Question 10

If the defendant fails to serve an answer to the complaint within the time specified, he or she is considered to be .

Accepted Answer

The answer of If the defendant fails to serve an...

Question 11

In federal court, when the complaint is duly filed and the filing fee paid, the clerk of court prepares a which the lawyer must attach to a copy of the complaint. A separate summons must be issued for each defendant. The clerk of court assigns a file number to the action when the complaint is filed.

Accepted Answer

The answer of In federal court, when the complaint is...

Question 12

What functions does the complaint serve?

Accepted Answer

The answer of What functions does the complaint serve?...

Question 13

Who may serve a subpoena?

Accepted Answer

The answer of Who may serve a subpoena?...

Question 14

The establishes the scope of the plaintiff's claims.

Accepted Answer

The answer of The establishes the scope of the plaintiff's...

Question 15

DEFINE
-waiver

Accepted Answer

The answer of DEFINE
-waiver...

Question 16

Any allegation in the complaint which is not denied is presumed to be
.

Accepted Answer

The answer of Any allegation in the complaint which is...

Question 17

DEFINE
-summons

Accepted Answer

The answer of DEFINE
-summons...

Question 18

The defendant may bring an action against a person other than the plaintiff to obtain indemnity or contribution from that person for the liability that the defendant has to the plaintiff by serving a upon that person.

Accepted Answer

The answer of The defendant may bring an action against...

Question 19

How may the summons and complaint be served?

Accepted Answer

The answer of How may the summons and complaint be...

Question 20

DEFINE
-ex parte

Accepted Answer

Ex parte is a legal term meaning that a decision or action is taken by or issued by the court involving only one party being present or represented.

Quiz 6: Introduction to Federal Procedure

DEFINE -motion

In what way is a third-party claim tied to the plaintiff's claim?

DEFINE -jury demand

When is a counterclaim compulsory?

DEFINE -count

If a defendant has a claim against the plaintiff, the defendant may assert the claim in a , which must be served with the .

DEFINE -special damages

According to the federal rules, the defendant(s) must respond to summons and complaint within days, a period which begins to run on the .

DEFINE -ad damnum clause

If the defendant fails to serve an answer to the complaint within the time specified, he or she is considered to be .

What functions does the complaint serve?

Who may serve a subpoena?

The establishes the scope of the plaintiff's claims.

DEFINE -waiver

Any allegation in the complaint which is not denied is presumed to be .

DEFINE -summons

The defendant may bring an action against a person other than the plaintiff to obtain indemnity or contribution from that person for the liability that the defendant has to the plaintiff by serving a upon that person.

How may the summons and complaint be served?

DEFINE -ex parte