Pre-trial Motions Practice Self-Quiz

 

 

 

 

 

 

 

When a party wants to have the court issue an order, the party will file a:
Choice 1 Request for order.
Choice 2 Request for dismissal.
Choice 3 Request for judgment.
Choice 4 Motion.
Most motions must be accompanied by:
Choice 1 Request for order.
Choice 2 Memorandum of law.
Choice 3 Certificate of service.
Choice 4 All of the above.
To determine whether any additional requirements exist for motions, such as paper size, paper color, margin size, specific font and font size, one will review the:
Choice 1 Federal Rules of Civil Procedure.
Choice 2 Local rules of the particular court.
Choice 3 State rules of civil procedure.
Choice 4 Federal regulations.
An attorney for the moving party must sign all motions. If frivolous, the signing attorney could be subject to sanctions.
True
False
Defendant moves to dismiss Plaintiff’s complaint for failure to state a cause of action upon which relief can be granted. Included in the papers filed with the court is the motion signed by Defendant’s attorney and the supporting memorandum of law. Plaintiff opposes motion to dismiss and argues that motion must be denied. What is the most persuasive reason for denial of the motion to dismiss?
Choice 1 Defendant’s memorandum of law is not long enough.
Choice 2 Defendant’s attorney’s signature is not legible.
Choice 3 Defendant’s attorney did not include a certification of service.
Choice 4 Defendant, herself, did not sign the motion papers.
Which is the proper motion to contest the sufficiency of service of process?
Choice 1 Motion for summary judgment.
Choice 2 Motion to dismiss.
Choice 3 Motion for judgment on the pleadings.
Choice 4 Motion for a more definite statement.
Plaintiff files a complaint against Defendant in Texarkana state court. One of Texarkana’s rules of civil procedure requires that any objection to the court’s jurisdiction over the person must be raised within 60 days of being served with the summons and complaint. Defendant is served with the summons and complaint on January 1st. On April 15, Defendant files a motion to dismiss the complaint based on lack of personal jurisdiction. How will the court rule on the motion?
Choice 1 Deny, because the motion was not timely filed; therefore, Defendant has waived his objection.
Choice 2 Deny, because Defendant should have filed a motion for summary judgment.
Choice 3 Grant, because even though motion was untimely, Defendant can never waive personal jurisdiction.
Choice 4 Grant, because the motion was properly filed.
Plaintiff files a complaint against Defendant in Texarkana state court. One of Texarkana’s rules of civil procedure requires that any objection to the court’s jurisdiction over the person must be raised within 60 days of being served with the summons and complaint. Defendant is served with the summons and complaint on January 1st. On April 15, Defendant files a motion to dismiss the complaint based on lack of subject matter jurisdiction. If the court is persuaded by the defendant’s argument, how will the court rule on the motion?
Choice 1 Grant, because subject matter jurisdiction cannot be waived.
Choice 2 Deny, because Defendant did not file the motion on time.
Choice 3 Deny, because Defendant waived the court’s lack of subject matter jurisdiction.
Choice 4 Grant, because all objections to subject matter jurisdiction must be granted.
Plaintiff files a lawsuit in federal court against Defendant regarding a tree limb falling on Plaintiff’s house. The tree limb came from a tree on Defendant’s property. Plaintiff alleges that Defendant knew the tree limb was in danger of falling and Plaintiff had asked Defendant for permission to enter his property and remove the tree limb from said tree. Plaintiff has also alleged that Defendant mistreats his family pet, a Golden Retriever named Sally. Defendant moves to strike the allegation concerning his treatment of Sally. How is a court likely to rule?
Choice 1 Deny, because the proper motion to contest such an allegation is a motion to dismiss.
Choice 2 Deny, because the proper motion to contest such an allegation is a motion for judgment on the pleadings.
Choice 3 Grant, because the allegations do not concern how the tree fell.
Choice 4 Grant, because the allegations are immaterial, impertinent and scandalous.
When there are no genuine issues of material fact and the defendant is not liable as a matter of law, what type of motion should the defendant file?
Choice 1 Motion to strike.
Choice 2 Motion for summary judgment.
Choice 3 Motion to dismiss.
Choice 4 Motion to compel discovery

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