CLA/CP Exam Civil Litigation Procedures 2

Question 1

Under the Federal Rules of Civil Procedure, a defendant must file an answer within how many days after being served with the summons and complaint?

Accepted Answer

21 days

Answer

FRCP Rule 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.

Question 2

Which pretrial motion asks the court to dismiss a case because the complaint fails to state a claim upon which relief can be granted?

Accepted Answer

Rule 12(b)(6) motion to dismiss

Answer

A Rule 12(b)(6) motion to dismiss argues that even if all alleged facts are true, the plaintiff has no valid legal claim.

Question 3

In federal court, what is the purpose of a Rule 26(f) conference?

Accepted Answer

To develop a discovery plan

Answer

Rule 26(f) requires parties to confer and develop a proposed discovery plan before initial disclosures are due.

Question 4

A default judgment may be entered against a defendant who:

Accepted Answer

Fails to plead or otherwise defend after proper service

Answer

Under FRCP Rule 55, a default may be entered when a party fails to plead or otherwise defend after being properly served.

Question 5

Which type of discovery device requires a party to admit or deny specific statements of fact?

Accepted Answer

Requests for admission

Answer

Requests for admission under FRCP Rule 36 require a party to admit, deny, or explain why they cannot admit or deny each statement.

CLA/CP Exam Practice Test