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CIV PRO RULES Exam with
complete solutions latest version
FRCP: Rule 4(a)(1) - CORRECT ANSWER-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) - CORRECT ANSWER-The court may permit a summons to be
amended.
FRCP: Rule 4(c) - CORRECT ANSWER-summons may be served by anyone at
least 18 who is not a party in the action.
FRCP: Rule 4(d)(1) - CORRECT ANSWER-π may request ∆ waive service of
summons
FRCP: Rule 4(d)(2) - CORRECT ANSWER-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) - CORRECT ANSWER-∆ who timely returns waiver of service
has 60 days from when the request was sent to file an answer.
FRCP: Rule 4(d)(4) - CORRECT ANSWER-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) - CORRECT ANSWER-Waiving service does not waive any
future objections to jurisdiction or venue.
FRCP: Rule 4(e) - CORRECT ANSWER-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.
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FRCP: Rule 4(f) - CORRECT ANSWER-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) - CORRECT ANSWER-When serving minors or incompetent ∆,
state laws regarding service of such persons must be adhered to.
FRCP: Rule 4(h) - CORRECT ANSWER-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) - CORRECT ANSWER-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) - CORRECT ANSWER-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) - CORRECT ANSWER-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) - CORRECT ANSWER-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) - CORRECT ANSWER-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) - CORRECT ANSWER-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) - CORRECT ANSWER-If a court determines at any time that it
lacks SMJ, the court must dismiss the action.
BRAINSCAPE1
CIV PRO RULES Exam with
complete solutions latest version
FRCP: Rule 4(a)(1) - CORRECT ANSWER-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) - CORRECT ANSWER-The court may permit a summons to be
amended.
FRCP: Rule 4(c) - CORRECT ANSWER-summons may be served by anyone at
least 18 who is not a party in the action.
FRCP: Rule 4(d)(1) - CORRECT ANSWER-π may request ∆ waive service of
summons
FRCP: Rule 4(d)(2) - CORRECT ANSWER-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) - CORRECT ANSWER-∆ who timely returns waiver of service
has 60 days from when the request was sent to file an answer.
FRCP: Rule 4(d)(4) - CORRECT ANSWER-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) - CORRECT ANSWER-Waiving service does not waive any
future objections to jurisdiction or venue.
FRCP: Rule 4(e) - CORRECT ANSWER-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.
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FRCP: Rule 4(f) - CORRECT ANSWER-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) - CORRECT ANSWER-When serving minors or incompetent ∆,
state laws regarding service of such persons must be adhered to.
FRCP: Rule 4(h) - CORRECT ANSWER-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) - CORRECT ANSWER-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) - CORRECT ANSWER-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) - CORRECT ANSWER-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) - CORRECT ANSWER-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) - CORRECT ANSWER-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) - CORRECT ANSWER-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) - CORRECT ANSWER-If a court determines at any time that it
lacks SMJ, the court must dismiss the action.
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