DE Bar Civil Procedure 2 — Questions and Answers
Question 1: In the Delaware Court of Chancery, what is the primary limitation on the court's subject matter jurisdiction?
- It may only hear cases involving equitable claims or requests for equitable relief where there is no adequate remedy at law (Correct answer)
- It may only hear cases involving corporations incorporated in Delaware
- It may hear any civil case where damages exceed $50,000
- It may only hear appeals from the Superior Court
Correct answer: It may only hear cases involving equitable claims or requests for equitable relief where there is no adequate remedy at law
The Court of Chancery is a court of equity with jurisdiction limited to equitable claims and equitable relief where no adequate remedy at law exists.
Question 2: Under the Delaware Superior Court Civil Rules, how long does a defendant generally have to serve an answer after being served with the summons and complaint?
- 20 days (Correct answer)
- 30 days
- 45 days
- 60 days
Correct answer: 20 days
Superior Court Civil Rule 12(a) generally requires a defendant to answer within 20 days after service of process.
Question 3: A plaintiff sues a Delaware corporation in Superior Court. The corporation believes the dispute is governed by a fiduciary duty claim requiring equitable relief. What is the proper procedural mechanism?
- Move to transfer the case to the Court of Chancery under 10 Del. C. § 1902 (Correct answer)
- File a motion to dismiss for improper venue
- Remove the case to federal district court
- File an interlocutory appeal to the Delaware Supreme Court
Correct answer: Move to transfer the case to the Court of Chancery under 10 Del. C. § 1902
Section 1902 of Title 10 allows transfer of an action filed in a court lacking jurisdiction to the appropriate Delaware court rather than dismissal.
Question 4: Under Delaware law, what is the general statute of limitations for a breach of contract action not under seal?
- 3 years (Correct answer)
- 2 years
- 5 years
- 6 years
Correct answer: 3 years
Under 10 Del. C. § 8106, actions for breach of contract not under seal must be brought within 3 years of accrual.
Question 5: In Delaware practice, which court has exclusive jurisdiction over civil claims for money damages of $50,000 or less where the parties seek a jury trial?
- The Superior Court, because the Court of Common Pleas does not conduct jury trials in civil cases (Correct answer)
- The Court of Common Pleas
- The Justice of the Peace Court
- The Court of Chancery
Correct answer: The Superior Court, because the Court of Common Pleas does not conduct jury trials in civil cases
Civil jury trials in Delaware are held in the Superior Court; the Court of Common Pleas hears civil cases up to $50,000 but without juries.
Question 6: A defendant in a Delaware Superior Court action wants to assert a claim against a co-defendant arising out of the same transaction. Which pleading is appropriate?
- A cross-claim under Rule 13(g) (Correct answer)
- A counterclaim under Rule 13(a)
- A third-party complaint under Rule 14
- An intervention motion under Rule 24
Correct answer: A cross-claim under Rule 13(g)
Rule 13(g) governs cross-claims, which are claims by one party against a co-party arising from the same transaction or occurrence.
Question 7: Under Delaware's long-arm statute, 10 Del. C. § 3104, which act by a nonresident does NOT by itself establish personal jurisdiction in Delaware?
- Owning stock in a Delaware corporation (Correct answer)
- Transacting business in Delaware
- Causing tortious injury by an act in Delaware
- Contracting to supply services or things in Delaware
Correct answer: Owning stock in a Delaware corporation
Mere ownership of stock in a Delaware corporation does not constitute a jurisdictional act under the long-arm statute, while transacting business, in-state torts, and supply contracts do.
DE Bar Civil Procedure 2
In the Delaware Court of Chancery, what is the primary limitation on the court's subject matter jurisdiction?