CIV PRO STARTING 09/26 Study Test
Questions with Actual Complete
Solutions 2025-2026 Updated.
FRCP (7)a says - Answer what documents may be plead
what is the first step in pleading? - Answer a compliant.
How could you fail Rule 8 (a) - Answer filing a complaint that has bad drafting, or there is a
situation where you fail to state a claim that the law has no remedy, or you state as facts what
are actually elements that need to be proven.
Rule 10(b)(5) says - Answer try to contain 1 allegation to 1 paragraph
Why did Haddle get denied in trial court? - Answer because the courts were only basing off
of precedent, not off of a different interpretation of the word "property"
In order to grant a 12(b)(6) motion. . . - Answer a judge can only look at facts in complaint
and only base it off that complaint.
what kind of cases might you have to prove what was in the defendant's mind? - Answer
antitrust, discrimination. . .
because of this defendant may be more successful on a 12(b)(6) motion because plaintiff may
not know all of the facts that the defendant does.
Twombly and Iqbal make it harder for. . . - Answer plaintiff's attorneys because they have to
have a lot of facts to support every element of their claim.
Nothing in 9(b). . . - Answer relieves you from needing to meet Rule 8 (a) as interpreted by
Conley and Twombly.
Rule 8 (a) says . . . - Answer the pleading requirements of the complaint.
,rule 11 (b) - Answer a. Rule 11 (b) is important- certification of signing, filing or later
advocating
i. Certification elements= potential Rule 11 violations, certifying to best of your knowledge, have
to have determined reasonable inquiry
ii. 11 (b)(3)- says you have to have the correct facts
iii. 11(b)(4)- denials of factual allegations- have to have evidence warranting that denial
Rule 11 (c) - Answer a. Rule 11 ©- enforcement and sanctions
i. Court may impose discretionary sanctions
ii. Process: draft Rule 11 motion, give to opponent and they get 21 days to fix
1. If they don't fix it then you can file in court
2. If they do fix it, you never file it.
Court can file Rule 11 sanctions. . . - Answer i. and you don't get a second chance and have
to show to the court why they shouldn't impose sanctions.
1. This is in discretionary terms and the client can't force sanctions for Rule 11(b)(2)
a. Client IS responsible for allegations they tell you.
What does Rule 11 d say? - Answer a. Rule 11(d)- rule 11 is not applicable to discovery
Rule 12 (h)(1)(a) - Answer there are four preliminary objections waived if defendant makes a
pre-answer motion and leaves them out: personal jurisdiction
venue
sufficiency of process
sufficiency of service of process.
Rule 12(h) says what is waived if it is not raised in a timely manner? - Answer Personal
jurisdiction, venue, sufficiency of process or sufficiency of service of process.
Rule 11 b - Answer Rule 11(b): By signing, filing, or later advocating, certify to "best of the
person's knowledge, information, and belief, formed after an inquiry reasonable under the
circumstances:
, 4)the denials of factual contentions are warranted on the evidence or, if specifically so
identified, are reasonably based on belief or a lack of information."
Rule 11 a says all of Rule 11 pertains to. . . - Answer signed pleadings, motions, and other
papers.
Rule 11 C - Answer nRule 11(c): enforcement procedure & sanctions
1)Court "may impose" sanction (discretionary)
nLaw firm jointly liable for its attorneys' violations unless ...
2)Must be a separate Rule 11 motion and served on opponent 21 days before filing with court
3)Court can initiate Rule 11 sanctions
4)Sanction "must be limited to what suffices to deter repetition of the conduct"
5)Monetary sanction cannot be imposed against a represented party for violating Rule 11(b)(2)
6)Order must describe the sanctioned conduct and explain the basis for the sanction
Rule 11 d says . . . - Answer Rule 11 is not applicable to discovery
Rule 10 b - Answer A party must state its claims or defenses in numbered paragraphs, each
limited as far as practicable to a single set of circumstances. A later pleading may refer by
number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim
founded on a separate transaction or occurrence—and each defense other than a denial—must
be stated in a separate count or defense."
Rule 6 (a) tells you how to compute time. . . - Answer nRule 6(a)(1): Explains how to
compute a time period stated in days or a longer unit of time:
A."exclude the day of the event that triggers the period;
B.count every day, including intermediate Saturdays, Sundays, and legal holidays; and
C.include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the
period continues to run until the end of the next day that is not a Saturday, Sunday, or legal
holiday."
Rule 12 (b) - Answer Every defense to a claim for relief in any pleading must be asserted in
the responsive pleading if one is required. But a party may assert the following defenses by
motion:
(1)lack of subject matter jurisdiction;
Questions with Actual Complete
Solutions 2025-2026 Updated.
FRCP (7)a says - Answer what documents may be plead
what is the first step in pleading? - Answer a compliant.
How could you fail Rule 8 (a) - Answer filing a complaint that has bad drafting, or there is a
situation where you fail to state a claim that the law has no remedy, or you state as facts what
are actually elements that need to be proven.
Rule 10(b)(5) says - Answer try to contain 1 allegation to 1 paragraph
Why did Haddle get denied in trial court? - Answer because the courts were only basing off
of precedent, not off of a different interpretation of the word "property"
In order to grant a 12(b)(6) motion. . . - Answer a judge can only look at facts in complaint
and only base it off that complaint.
what kind of cases might you have to prove what was in the defendant's mind? - Answer
antitrust, discrimination. . .
because of this defendant may be more successful on a 12(b)(6) motion because plaintiff may
not know all of the facts that the defendant does.
Twombly and Iqbal make it harder for. . . - Answer plaintiff's attorneys because they have to
have a lot of facts to support every element of their claim.
Nothing in 9(b). . . - Answer relieves you from needing to meet Rule 8 (a) as interpreted by
Conley and Twombly.
Rule 8 (a) says . . . - Answer the pleading requirements of the complaint.
,rule 11 (b) - Answer a. Rule 11 (b) is important- certification of signing, filing or later
advocating
i. Certification elements= potential Rule 11 violations, certifying to best of your knowledge, have
to have determined reasonable inquiry
ii. 11 (b)(3)- says you have to have the correct facts
iii. 11(b)(4)- denials of factual allegations- have to have evidence warranting that denial
Rule 11 (c) - Answer a. Rule 11 ©- enforcement and sanctions
i. Court may impose discretionary sanctions
ii. Process: draft Rule 11 motion, give to opponent and they get 21 days to fix
1. If they don't fix it then you can file in court
2. If they do fix it, you never file it.
Court can file Rule 11 sanctions. . . - Answer i. and you don't get a second chance and have
to show to the court why they shouldn't impose sanctions.
1. This is in discretionary terms and the client can't force sanctions for Rule 11(b)(2)
a. Client IS responsible for allegations they tell you.
What does Rule 11 d say? - Answer a. Rule 11(d)- rule 11 is not applicable to discovery
Rule 12 (h)(1)(a) - Answer there are four preliminary objections waived if defendant makes a
pre-answer motion and leaves them out: personal jurisdiction
venue
sufficiency of process
sufficiency of service of process.
Rule 12(h) says what is waived if it is not raised in a timely manner? - Answer Personal
jurisdiction, venue, sufficiency of process or sufficiency of service of process.
Rule 11 b - Answer Rule 11(b): By signing, filing, or later advocating, certify to "best of the
person's knowledge, information, and belief, formed after an inquiry reasonable under the
circumstances:
, 4)the denials of factual contentions are warranted on the evidence or, if specifically so
identified, are reasonably based on belief or a lack of information."
Rule 11 a says all of Rule 11 pertains to. . . - Answer signed pleadings, motions, and other
papers.
Rule 11 C - Answer nRule 11(c): enforcement procedure & sanctions
1)Court "may impose" sanction (discretionary)
nLaw firm jointly liable for its attorneys' violations unless ...
2)Must be a separate Rule 11 motion and served on opponent 21 days before filing with court
3)Court can initiate Rule 11 sanctions
4)Sanction "must be limited to what suffices to deter repetition of the conduct"
5)Monetary sanction cannot be imposed against a represented party for violating Rule 11(b)(2)
6)Order must describe the sanctioned conduct and explain the basis for the sanction
Rule 11 d says . . . - Answer Rule 11 is not applicable to discovery
Rule 10 b - Answer A party must state its claims or defenses in numbered paragraphs, each
limited as far as practicable to a single set of circumstances. A later pleading may refer by
number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim
founded on a separate transaction or occurrence—and each defense other than a denial—must
be stated in a separate count or defense."
Rule 6 (a) tells you how to compute time. . . - Answer nRule 6(a)(1): Explains how to
compute a time period stated in days or a longer unit of time:
A."exclude the day of the event that triggers the period;
B.count every day, including intermediate Saturdays, Sundays, and legal holidays; and
C.include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the
period continues to run until the end of the next day that is not a Saturday, Sunday, or legal
holiday."
Rule 12 (b) - Answer Every defense to a claim for relief in any pleading must be asserted in
the responsive pleading if one is required. But a party may assert the following defenses by
motion:
(1)lack of subject matter jurisdiction;
