Summons, Complaint and Answer Self-Quiz

 

 

 

 

 

 

 

The purpose of the summons is:
Choice 1 to present the substance of the plaintiff’s lawsuit.
Choice 2 to identify the presiding court and parties of the lawsuit.
Choice 3 to respond to the plaintiff’s allegations contained in the complaint.
Choice 4 to ask permission of the court to dismiss the lawsuit.
The proper rule in the Federal Rules of Civil Procedure that governs the proper form and substance of a summons is:
Choice 1 Rule 12(b)
Choice 2 Rule 8
Choice 3 Rule 4
Choice 4 Rule 3
The purpose of the complaint is:
Choice 1 to present the factual and legal bases of the plaintiff’s lawsuit and the type of relief requested.
Choice 2 to refute the factual and legal bases of the plaintiff’s lawsuit.
Choice 3 to seek dismissal of the plaintiff’s lawsuit.
Choice 4 to prevent the judge from removing the case to another court.
The Federal Rules of Civil Procedure require that the plaintiff present his complaint to the court:
Choice 1 in strict statutory and technical legal language.
Choice 2 in the type of language required by the jurisdiction where the lawsuit is submitted.
Choice 3 in short and plain language.
Choice 4 at the discretion of the judge.
The major distinction between a supplemental complaint and an amended complaint is:
Choice 1 that the supplemental complaint contains facts and events known before the original complaint was filed, whereas the amended complaint contains facts and events known after the original complaint was filed.
Choice 2 the supplemental complaint contains facts and events known after the original complaint was filed, whereas the amended complaint contains facts and events known before the original complaint was filed.
Choice 3 that the supplemental complaint contains facts and events raised in the defendant’s answer.
Choice 4 that the amended complaint contains facts and events raised in the defendant’s motion to dismiss.
The purpose of the answer is:
Choice 1 to give the defendant an opportunity to respond to the allegations contained in the complaint.
Choice 2 to respond to the complaint by putting forth any affirmative defenses or Rule 12(b) defenses the defendant thinks are applicable to the lawsuit.
Choice 3 Neither (a) nor (b).
Choice 4 Both (a) and (b).
Generally, the defendant must submit his answer to the court and the other parties in the lawsuit within:
Choice 1 120 days of receiving the complaint.
Choice 2 20 days of receiving the complaint.
Choice 3 90 days of trial.
Choice 4 20 days of receiving the motion to dismiss.
If the defendant elects to waive service, the defendant must submit his answer within:
Choice 1 60 days
Choice 2 90 days
Choice 3 30 days
Choice 4 20 days
George was injured when a crane, operated by LiftIt, Inc., dropped a large crate on his foot. As a result, George sustained a broken foot and was forced to take a leave of absence from his job for six months. The substance of his complaint contained only the following:
“On July 1, 2003, plaintiff George was injured when a crate fell upon his foot, breaking it in several places. Plaintiff George seeks $100,000 in monetary relief.”
The complaint does not specifically identify LiftIt, Inc., as the defendant. George’s attorney submitted the complaint to the court and a copy to LiftIt, Inc. on July 31, 2003. Would the court find that the plaintiff’s complaint is proper?
Choice 1 Yes, because it specifies the date of the accident and the amount of damages that plaintiff seeks.
Choice 2 Yes, because it identifies the plaintiff who is seeking the lawsuit.
Choice 3 No, because the complaint fails to identify the defendant in the complaint and the law from which the plaintiff seeks relief.
Choice 4 No, because the complaint must contain technical legal language and significant detail of the events.
On April 1, 2003, Rachel was in a car accident with Peter. Rachel was driving her Volkswagen Jetta down Park Avenue in New York City when she was struck by Peter’s oncoming Corvette, which ran a red light. Rachel filed a complaint against Peter on June 3, 2003, alleging the following:

1. On April 1, 2003, Plaintiff Rachel was driving her 2001 Volkswagen Jetta car down Park Avenue in New York City at approximately 1:30 P.M.
2. At the corner of Park Avenue and 34th Street, Defendant Peter, driving a 2003 red Corvette, struck Plaintiff Rachel’s car. Defendant Peter negligently ran the red light.
3. Plaintiff Rachel seeks damages in the amount of $90,000 for injury to her personal property and medical injuries and expenses. Plaintiff Rachel also seeks $20,000 in damages for emotional distress as a result of the accident.
4. Plaintiff seeks recovery based on New York State’s Automobile Insurance Act and common law negligence.

Defendant Peter discovers that his brakes failed and that the brake manufacturer was solely liable for the accident. What would be the best course of action for Defendant Peter to take?

Choice 1 To wait and introduce this information later on when the trial commences.
Choice 2 To telephone the plaintiff and inform them that the brake manufacturer is the proper defendant for the lawsuit.
Choice 3 To assert that the brake failure was solely caused by the manufacturer’s negligence in assembling the brake system as a defense in his answer.
Choice 4 To encourage the brake company to contact the plaintiff and inform her of its liability.

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