Service of Process Self-Quiz

 

 

 

 

 

 

 

Service of process is governed by which one of the Federal Rules of Civil Procedure?
Choice 1 Rule 8.
Choice 2 Rule 4.
Choice 3 Rule 12.
Choice 4 Rule 3.
The Federal Rules of Civil Procedure allow which of the following persons to effect service?
Choice 1 Persons who are older than 18 years old and a party to the lawsuit.
Choice 2 Persons who are younger than 18 years old and not a party to the lawsuit.
Choice 3 Persons who are older than 18 years old and not a party to the lawsuit.
Choice 4 Persons who are older than 21 years old and not a party to the lawsuit.
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?
Choice 1 Patty has her neighbor Bob, a retired postal delivery person, serve Lewis in person as he leaves his home to go to work.
Choice 2 Patty has her 16-year old daughter Sara serve Lewis as he arrives home from work.
Choice 3 Patty has her husband Paul serve Bob at work.
Choice 4 Patty leaves the summons underneath the windshield wiper on Lewis’ car located in a grocery store parking lot.
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?
Choice 1 Yes, because Todd must be served under the rules of the state where he resides.
Choice 2 Yes, because Todd may be served under the rules of the state where he resides or where the presiding court is located.
Choice 3 No, because Todd must be served under the rules of the state where the plaintiff resides.
Choice 4 No, because Todd must be served under the rules applicable to the conforming rules of both states whose laws apply.
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?
Choice 1 Terri hires a process server to serve QM’s president in the corporate headquarters.
Choice 2 Terri has a process server serve QM’s vice president in the corporate headquarters.
Choice 3 Terri has her best friend of 20 years, Sue, serve QM’s managing partner in his corporate headquarters.
Choice 4 Terri has her best friend of 20 years, Sue, serve a summer intern at QM.
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?
Choice 1 No, because the summons and complaint was not served on Bob.
Choice 2 No, because service of process was executed by a process server rather than Bob himself.
Choice 3 Yes, because Carl is a partner of the firm and may receive service of process for lawsuits related to the firm.
Choice 4 Yes, because Susan had the process server go to Bob’s home first.
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?
Choice 1 Service of process was not proper because the Federal Rules of Civil Procedure specify that you cannot serve process directly on infants.
Choice 2 Service of process was not proper because the Federal Rules of Civil Procedure specify that the parents must be simultaneously served along with the infant.
Choice 3 Service of process was proper because Jimmy caused Samantha’s injury.
Choice 4 Service of process was proper because Jimmy was served in his state of residence.

© 2003 - 2018 National Paralegal College