BUL 3310 Litigation Part 1: Exam 1
Review Questions & Answers
How can you serve someone? Correct Ans-Can be achieved in several ways: 1) Personal
service (usually by Sheriff), Service by Certified Mail; Service by Publication. EXAMPLE:
Process Servers.
Litigation: Jurisdiction: Nonresident Individuals/Corporations Correct Ans-May be subject to
a suit in a state if they have certain "minimum contacts" within a state, so long as the
maintenance of the suit does not offend traditional notions of fair play and substantial justice.
Litigation: Pre-Trial Stages of Lawsuit Correct Ans--Pleadings
-Motions Attacking Pleadings (Motion to Dismiss)
-Discovery
-Pretrial Conference
-Pretrial Motions
Litigation: Pre-Trial Stages of Lawsuit: Pleadings Correct Ans-(Complaint, Answer,
Counterclaim, Reply) - Default Judgment if Answer and/or Motion not filed by Defendant after
service is obtained
Litigation: Pre-Trial Stages of Lawsuit: Discovery Correct Ans-Ex: Interrogatories, Requests
for Production of Documents, Requests for Admissions, Depositions
, Litigation: Pre-Trial Stages of Lawsuit: Pretrial Motions Correct Ans-Ex: Motion for
Judgment on the Pleadings, Summary Judgment
Litigation: Pleadings Correct Ans--Complaint
-Answer
-Counterclaim
-Default Judgment
Litigation: Pleadings: Complaint Correct Ans-First pleading/statement of facts on which the
Plaintiff rests his or her cases and files a lawsuit in court.
Litigation: Pleadings: Answer Correct Ans-Pleading filed by the Defendant responding to the
Plaintiff's Complaint -typically must be filed within 30 days after service on the Defendant. Can
also contain affirmative defenses. Certain affirmative defenses MUST BE raised in either the
Answer or a Motion (defense of lack of personal jurisdiction and statute of limitations are
examples) or otherwise are waived.
Litigation: Pleadings: Counterclaim Correct Ans-May be filed by the Defendant if there is a
cause of action against Plaintiff. Plaintiff must then file a reply.
Litigation: Pleadings: Default Judgement Correct Ans-If the Defendant fails to answer or
otherwise appear, the Plaintiff can file for a Motion or Default Judgment, which, in essence,
admits all the facts and allegations of Plaintiff's Complaint.
Review Questions & Answers
How can you serve someone? Correct Ans-Can be achieved in several ways: 1) Personal
service (usually by Sheriff), Service by Certified Mail; Service by Publication. EXAMPLE:
Process Servers.
Litigation: Jurisdiction: Nonresident Individuals/Corporations Correct Ans-May be subject to
a suit in a state if they have certain "minimum contacts" within a state, so long as the
maintenance of the suit does not offend traditional notions of fair play and substantial justice.
Litigation: Pre-Trial Stages of Lawsuit Correct Ans--Pleadings
-Motions Attacking Pleadings (Motion to Dismiss)
-Discovery
-Pretrial Conference
-Pretrial Motions
Litigation: Pre-Trial Stages of Lawsuit: Pleadings Correct Ans-(Complaint, Answer,
Counterclaim, Reply) - Default Judgment if Answer and/or Motion not filed by Defendant after
service is obtained
Litigation: Pre-Trial Stages of Lawsuit: Discovery Correct Ans-Ex: Interrogatories, Requests
for Production of Documents, Requests for Admissions, Depositions
, Litigation: Pre-Trial Stages of Lawsuit: Pretrial Motions Correct Ans-Ex: Motion for
Judgment on the Pleadings, Summary Judgment
Litigation: Pleadings Correct Ans--Complaint
-Answer
-Counterclaim
-Default Judgment
Litigation: Pleadings: Complaint Correct Ans-First pleading/statement of facts on which the
Plaintiff rests his or her cases and files a lawsuit in court.
Litigation: Pleadings: Answer Correct Ans-Pleading filed by the Defendant responding to the
Plaintiff's Complaint -typically must be filed within 30 days after service on the Defendant. Can
also contain affirmative defenses. Certain affirmative defenses MUST BE raised in either the
Answer or a Motion (defense of lack of personal jurisdiction and statute of limitations are
examples) or otherwise are waived.
Litigation: Pleadings: Counterclaim Correct Ans-May be filed by the Defendant if there is a
cause of action against Plaintiff. Plaintiff must then file a reply.
Litigation: Pleadings: Default Judgement Correct Ans-If the Defendant fails to answer or
otherwise appear, the Plaintiff can file for a Motion or Default Judgment, which, in essence,
admits all the facts and allegations of Plaintiff's Complaint.
