DE Bar Civil Procedure 2

Question 1

In the Delaware Court of Chancery, what is the primary limitation on the court's subject matter jurisdiction?

Accepted Answer

It may only hear cases involving equitable claims or requests for equitable relief where there is no adequate remedy at law

Answer

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?

Accepted Answer

20 days

Answer

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?

Accepted Answer

Move to transfer the case to the Court of Chancery under 10 Del. C. § 1902

Answer

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?

Accepted Answer

3 years

Answer

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?

Accepted Answer

The Superior Court, because the Court of Common Pleas does not conduct jury trials in civil cases

Answer

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.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Civil Procedure 2