Question 1

If a default judgment is not set aside, the ​

Accepted Answer

When a default judgment is entered, it typically means the defendant failed to respond to the lawsuit in the allotted time. As a result, the plaintiff may be awarded the relief they seek, but they are generally limited to what was originally requested in their complaint.

Question 2

Generally, when does an action officially begin in state court and in federal court?

Accepted Answer

The answer of Generally, when does an action officially begin...

Question 3

If the award requested in an action is a sum certain and the defendant is neither a minor nor incompetent, judgment shall be entered by the ​

Accepted Answer

In legal proceedings, when the award requested is a sum certain (a specific, determinable amount of money) and the defendant is neither a minor nor incompetent, the judgment is typically entered by the clerk of the court. This process is more administrative in nature, allowing for a more streamlined handling of clear-cut financial judgments.

Question 4

If a hearing is to be held on an application for entry of a default judgment, notice of the hearing must be given to the adverse party _____ before the hearing. ​

Accepted Answer

The answer of If a hearing is to be held...

Question 5

Default may be entered if the ​

Accepted Answer

Default may be entered against a defendant if they fail to enter an appearance or file a responsive pleading within the prescribed time period. This is because failure to do so means they have not contested the claim made by the plaintiff.

Question 6

Under the Federal Rules of Civil Procedure, when serving a corporation, proper service is made on ​

Accepted Answer

Proper service on a corporation must be made on an agent designated by the corporation or a person authorized to receive service on behalf of the corporation. It cannot be made on any employee or the CEO only. Corporate headquarters may be an appropriate location to serve the designated agent, but simply serving at headquarters is not proper service on its own.

Question 7

Generally speaking, in order for a long-arm statute to extend to an individual or a corporation, the individual or corporation must have ​

Accepted Answer

For a long-arm statute to extend to an individual or corporation, there must be minimum contacts with the state. This means the individual or corporation must have some connection or presence in the state, such as conducting business in the state or causing harm to someone in the state. Certification or having a primary place of business in the state is not typically a requirement.

Question 8

Why is it important to confirm the method of service of process with the attorney before filing?

Accepted Answer

The answer of Why is it important to confirm the...

Question 9

Service of process can be effected on a ​

Accepted Answer

Service of process can be effected on a resident of the county in which the court has jurisdiction. This is the most conventional and common method of serving process.

Question 10

The issuing of a summons requires the signature of the ​

Accepted Answer

The issuing of a summons requires the signature of the court clerk. The purpose of a summons is to notify the defendant that a legal action has been initiated against them and to ensure that they are aware of their legal rights and obligations. The court clerk is responsible for issuing the summons according to the rules and procedures set forth by the court.

Question 11

The Federal Rules of Civil Procedure do not allow service of process by ​

Accepted Answer

The answer of The Federal Rules of Civil Procedure do...

Question 12

Service of papers subsequent to the complaint ​

Accepted Answer

Rule 5 of the Federal Rules of Civil Procedure specifically covers the service of papers subsequent to the complaint, including who may serve papers, how they may be served, and when they must be served.

Question 13

A request for entry of default judgment is often accompanied by an affidavit to show ​

Accepted Answer

An affidavit showing nonmilitary service is typically required to accompany a request for entry of default judgment to ensure compliance with the Servicemembers Civil Relief Act, which provides certain legal protections to military members.

Question 14

The preferred method of service in federal procedure is the ​

Accepted Answer

The preferred method of service in federal procedure is the use of the notice of lawsuit and request for waiver of service of summons, as it is cost-efficient and more convenient for both the plaintiff and defendant. If the defendant agrees to waive service, they have more time to respond to the complaint. If they do not waive service, then Rule 4 outlines the procedure for personal delivery or alternative methods such as mail or publication.

Question 15

In state court, the person most likely to serve process is the ​

Accepted Answer

In state court, the person most likely to serve process is the sheriff. This is because the sheriff is the law enforcement officer who has jurisdiction to serve process within the county where the court is located.

Question 16

The Federal Tort Claims Act ​

Accepted Answer

The Federal Tort Claims Act requires administrative claims to be filed and decided before an action can be filed. This means that individuals must first file a claim against the federal government for any alleged torts (such as negligence or malpractice) prior to pursuing a lawsuit in court. The statute of limitations for filing a claim is two years from the date the claim accrues, rather than the typical five-year statute of limitations for most personal injury cases. While the Act allows citizens to bring tort claims against the United States government, there are certain exceptions and limitations to this right.

Question 17

At the time of filing an action, paralegals should know ​

Accepted Answer

Paralegals should know the type of service to be used and who needs to be served at the time of filing an action, as this will affect the timing and details of the service process. They do not necessarily need to know every address for the defendant, all newspapers needed for publication, or what evidence will be presented at trial at this early stage.

Question 18

Good cause to set aside a default judgment does not include

Accepted Answer

Good cause to set aside a default judgment includes reasons such as illness of the defendant, mistake, excusable neglect, newly discovered evidence, fraud, or other valid reasons. However, the fact that the amount of damages requested is unfair is not considered a valid reason to set aside a default judgment.

Question 19

The Federal Rules of Civil Procedure give the court the power to dismiss a lawsuit if, after the complaint has been filed, service has not been achieved within _____. ​

Accepted Answer

The Federal Rules of Civil Procedure specify that the court has the power to dismiss a lawsuit if service of the complaint has not been achieved within 120 days after the complaint is filed.

Question 20

After the initial summons, documents in federal cases may be served electronically ​

Accepted Answer

Documents in federal cases may be served electronically if the person served has consented in writing to this method of service.

Quiz 5: Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

If a default judgment is not set aside, the ​

Generally, when does an action officially begin in state court and in federal court?

If the award requested in an action is a sum certain and the defendant is neither a minor nor incompetent, judgment shall be entered by the ​

If a hearing is to be held on an application for entry of a default judgment, notice of the hearing must be given to the adverse party _____ before the hearing. ​

Default may be entered if the ​

Under the Federal Rules of Civil Procedure, when serving a corporation, proper service is made on ​

Generally speaking, in order for a long-arm statute to extend to an individual or a corporation, the individual or corporation must have ​

Why is it important to confirm the method of service of process with the attorney before filing?

Service of process can be effected on a ​

The issuing of a summons requires the signature of the ​

The Federal Rules of Civil Procedure do not allow service of process by ​

Service of papers subsequent to the complaint ​

A request for entry of default judgment is often accompanied by an affidavit to show ​

The preferred method of service in federal procedure is the ​

In state court, the person most likely to serve process is the ​

The Federal Tort Claims Act ​

At the time of filing an action, paralegals should know ​

Good cause to set aside a default judgment does not include

The Federal Rules of Civil Procedure give the court the power to dismiss a lawsuit if, after the complaint has been filed, service has not been achieved within _____. ​

After the initial summons, documents in federal cases may be served electronically ​

If a default judgment is not set aside, the

If the award requested in an action is a sum certain and the defendant is neither a minor nor incompetent, judgment shall be entered by the

If a hearing is to be held on an application for entry of a default judgment, notice of the hearing must be given to the adverse party _____ before the hearing.

Default may be entered if the

Under the Federal Rules of Civil Procedure, when serving a corporation, proper service is made on

Generally speaking, in order for a long-arm statute to extend to an individual or a corporation, the individual or corporation must have

Service of process can be effected on a

The issuing of a summons requires the signature of the

The Federal Rules of Civil Procedure do not allow service of process by

Service of papers subsequent to the complaint

A request for entry of default judgment is often accompanied by an affidavit to show

The preferred method of service in federal procedure is the

In state court, the person most likely to serve process is the

The Federal Tort Claims Act

At the time of filing an action, paralegals should know

The Federal Rules of Civil Procedure give the court the power to dismiss a lawsuit if, after the complaint has been filed, service has not been achieved within _____.

After the initial summons, documents in federal cases may be served electronically