Service of Process Self-Quiz
Service of
process is governed by which one of the Federal Rules of Civil Procedure?
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The Federal
Rules of Civil Procedure allow which of the following persons to effect
service?
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Patty is suing
Lewis for breach of contract. Patty had entered into a contract with Lewis
to purchase his home. However, Lewis, who intended on moving to another
bigger house, was rejected by his bank for an additional mortgage. Lewis
apologetically explained the circumstances to Patty, who had already arranged
to sell her condo and move into Lewis’ home. Patty brought a lawsuit
in federal court. Which of the following scenarios is/are permissible
under the Federal Rules of Civil Procedure for service of process?
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Mary, a resident
of Maryland, was on her way to Virginia Beach, Virginia for Labor Day
weekend. Todd, a resident of North Carolina, had just worked a double
shift and was driving to meet his girlfriend in Virginia Beach to spend
the holiday weekend. Todd fell asleep at the wheel, crashing into Mary’s
car. Mary sues Todd in federal court in Baltimore, Maryland. Mary asks
her good friend Charlie (who is 25 years old) to serve the summons and
complaint on Todd in Charlotte, North Carolina. Maryland law permits the
service of process by personal delivery, but prohibits service of the
summons and complaint to be left at the home or place of business with
a person of suitable age and discretion. North Carolina Law permits both
forms of service. Charlie leaves the summons and complaint with Todd’s
girlfriend at their home in Charlotte. Did Charlie properly serve the
summons and complaint?
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Terri entered
into a contract to have QuickMovers, Co. (QM) move her furniture to her
new apartment. QM damaged several pieces of Terri’s furniture, including
her grandmother’s one-of-a-kind antique piano. Terri sued QM in
federal court for damages to her personal property. Which of the following
scenarios is not a proper form of service of process?
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Bob, a lawyer,
and his firm were being sued in federal court for legal malpractice by
several of his clients, including Susan. Susan hired a process server
to deliver the summons and complaint to Bob. When the process server arrived
at Bob’s home, he discovered that it was unoccupied. The process
server then proceeded to the law firm office. The process server discovered
that Bob was out of the office with another client, but served the summons
and complaint on Carl, Bob’s partner in the law firm. Was service
of process properly executed?
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Jimmy, a six-year
old who lives in Columbus, Ohio, was at Disneyworld with his parents.
While waiting on line to go on the “It’s a Small World”
ride, he got into a fight with Samantha, a five-year old from Tampa, Florida.
Jimmy went to poke Samantha in the shoulder but instead struck her in
the eye. Samantha was taken to the local hospital, where she sustained
a scratch to her cornea. Samantha’s parents sued Jimmy in federal
court for over $100,000 in damages. The attorneys hired a process server,
who brought the summons and complaint to Jimmy on his school playground
in Columbus. Jimmy’s parents consult with their lawyer to find out
if Samantha’s parents can do this. What should Jimmy’s attorney
advise them?
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