CIV PRO RULES TEST WITH 100%
CORRECT ANSWERS
FRCP: Rule 4(a)(1) - ANS-Important things a summons must include:
name of court and parties, ∆ directed towards, time to appear and defend, notification of
failure to appear resulting in default judgement, name and address of π's attorney,
signed and sealed by court.
FRCP: Rule 4(a)(2) - ANS-The court may permit a summons to be amended.
FRCP: Rule 4(c) - ANS-summons may be served by anyone at least 18 who is not a
party in the action.
FRCP: Rule 4(d)(1) - ANS-π may request ∆ waive service of summons
FRCP: Rule 4(d)(2) - ANS-If a ∆ fails to waive service w/in the alloted amount of time,
then ∆ may incur the expenses of service.
FRCP: Rule 4(d)(3) - ANS-∆ who timely returns waiver of service has 60 days from
when the request was sent to file an answer.
FRCP: Rule 4(d)(4) - ANS-Proof of service is not required, this waiver acts as if the
complaint and summons had been served at time of filing waiver.
FRCP: Rule 4(d)(5) - ANS-Waiving service does not waive any future objections to
jurisdiction or venue.
FRCP: Rule 4(e) - ANS-Unless federal law provides otherwise: service in may be made
following state law in the forum, or:
personal service, serving summons at ∆'s abode with an inhabitant of suitable age, or
serve an agent authorized to receive process.
FRCP: Rule 4(f) - ANS-Serving an individual in a foreign country, requires adhering
service requirements of international treaties, or if none govern:
as prescribed by foreign country's law, as directed by foreign country in response to a
letter of request, or unless prohibited by regional laws, personal service, or certified
mail.
FRCP: Rule 4(g) - ANS-When serving minors or incompetent ∆, state laws regarding
service of such persons must be adhered to.
, FRCP: Rule 4(h) - ANS-Service of a Corp., Partnership, Assc.: (1)Service must be
made in accordance to state laws 4(e)(1), or by delivering summons to an officer,
managing agent, or an authorized person.
(2) foreign modes of service are the same as for the individual, with the exclusion of
personal service.
FRCP: Rule 4(i) - ANS-When serving the United States as a ∆, notice must be served to
the US Attorney General. If bringing action against particular agency or employee must
also serve this ∆.
FRCP: Rule 4(k)(1) - ANS-Serving a summons or waiver established personal J over a
∆:
a) who is subject to state jurisdiction, b) 100 mile radius in special cases, c) when
authorized by federal statute.
FRCP: Rule 4(k)(2) - ANS-For a claim arising under federal law, service established
personal J if:
a) ∆ is not subject to any state J.
b) Constitutional
FRCP: Rule 12(b) - ANS-Every defense must be included in answer, however, the
following defenses may be asserted by motion:
1. lack of SMJ, 2. lack of PJ, 3. improper venue, 4. insufficient process, 5. insufficient
service of process, 6. failure to state a claim upon which relief can be granted, 7. failure
to join a party under Rule 19.
FRCP: Rule 12(g) - ANS-Joining motions: 1. a motion under this rule may be joined with
any other motion allowed under this rule 2. may not raise motions that were available
but excluded from earlier motions.
FRCP: Rule 12(h)(1) - ANS-A party waives any defense in 12(b)(2-5) by: a) omitting it
from any motion described in 12(g)(2), b) failing to make it by motion under this rule, or
include it in a responsive pleading.
FRCP: Rule 12(h)(3) - ANS-If a court determines at any time that it lacks SMJ, the court
must dismiss the action.
Article 3 § 2 of US Constitution - ANS-Details original federal jurisdiction (federal
questions)
28 USC § 1331 - ANS-Federal question: The District courts shall have J over all civil
actions arising under the Constitution, laws, or treaties of the US.
28 USC § 1332(a) - ANS-District courts shall have original J over all civil actions where
the amount in controversy >75k, and complete diversity of citizens exists.
CORRECT ANSWERS
FRCP: Rule 4(a)(1) - ANS-Important things a summons must include:
name of court and parties, ∆ directed towards, time to appear and defend, notification of
failure to appear resulting in default judgement, name and address of π's attorney,
signed and sealed by court.
FRCP: Rule 4(a)(2) - ANS-The court may permit a summons to be amended.
FRCP: Rule 4(c) - ANS-summons may be served by anyone at least 18 who is not a
party in the action.
FRCP: Rule 4(d)(1) - ANS-π may request ∆ waive service of summons
FRCP: Rule 4(d)(2) - ANS-If a ∆ fails to waive service w/in the alloted amount of time,
then ∆ may incur the expenses of service.
FRCP: Rule 4(d)(3) - ANS-∆ who timely returns waiver of service has 60 days from
when the request was sent to file an answer.
FRCP: Rule 4(d)(4) - ANS-Proof of service is not required, this waiver acts as if the
complaint and summons had been served at time of filing waiver.
FRCP: Rule 4(d)(5) - ANS-Waiving service does not waive any future objections to
jurisdiction or venue.
FRCP: Rule 4(e) - ANS-Unless federal law provides otherwise: service in may be made
following state law in the forum, or:
personal service, serving summons at ∆'s abode with an inhabitant of suitable age, or
serve an agent authorized to receive process.
FRCP: Rule 4(f) - ANS-Serving an individual in a foreign country, requires adhering
service requirements of international treaties, or if none govern:
as prescribed by foreign country's law, as directed by foreign country in response to a
letter of request, or unless prohibited by regional laws, personal service, or certified
mail.
FRCP: Rule 4(g) - ANS-When serving minors or incompetent ∆, state laws regarding
service of such persons must be adhered to.
, FRCP: Rule 4(h) - ANS-Service of a Corp., Partnership, Assc.: (1)Service must be
made in accordance to state laws 4(e)(1), or by delivering summons to an officer,
managing agent, or an authorized person.
(2) foreign modes of service are the same as for the individual, with the exclusion of
personal service.
FRCP: Rule 4(i) - ANS-When serving the United States as a ∆, notice must be served to
the US Attorney General. If bringing action against particular agency or employee must
also serve this ∆.
FRCP: Rule 4(k)(1) - ANS-Serving a summons or waiver established personal J over a
∆:
a) who is subject to state jurisdiction, b) 100 mile radius in special cases, c) when
authorized by federal statute.
FRCP: Rule 4(k)(2) - ANS-For a claim arising under federal law, service established
personal J if:
a) ∆ is not subject to any state J.
b) Constitutional
FRCP: Rule 12(b) - ANS-Every defense must be included in answer, however, the
following defenses may be asserted by motion:
1. lack of SMJ, 2. lack of PJ, 3. improper venue, 4. insufficient process, 5. insufficient
service of process, 6. failure to state a claim upon which relief can be granted, 7. failure
to join a party under Rule 19.
FRCP: Rule 12(g) - ANS-Joining motions: 1. a motion under this rule may be joined with
any other motion allowed under this rule 2. may not raise motions that were available
but excluded from earlier motions.
FRCP: Rule 12(h)(1) - ANS-A party waives any defense in 12(b)(2-5) by: a) omitting it
from any motion described in 12(g)(2), b) failing to make it by motion under this rule, or
include it in a responsive pleading.
FRCP: Rule 12(h)(3) - ANS-If a court determines at any time that it lacks SMJ, the court
must dismiss the action.
Article 3 § 2 of US Constitution - ANS-Details original federal jurisdiction (federal
questions)
28 USC § 1331 - ANS-Federal question: The District courts shall have J over all civil
actions arising under the Constitution, laws, or treaties of the US.
28 USC § 1332(a) - ANS-District courts shall have original J over all civil actions where
the amount in controversy >75k, and complete diversity of citizens exists.
