DE Bar Civil Procedure 3

Question 1

In the Delaware Court of Chancery, who decides issues of fact at trial?

Accepted Answer

The Chancellor or a Vice Chancellor, because there are no jury trials in Chancery

Answer

The Court of Chancery is a court of equity where the Chancellor or Vice Chancellors act as fact-finders, and there is no right to a jury trial.

Question 2

A plaintiff files suit in Delaware Superior Court but fails to serve the defendant. Under Superior Court Civil Rule 4, what typically happens if service is not made within 120 days of filing?

Accepted Answer

The action may be dismissed without prejudice as to that defendant unless good cause is shown

Answer

Like its federal analog, Rule 4 permits dismissal without prejudice if service is not made within 120 days absent a showing of good cause.

Question 3

In Delaware, a defendant moves to dismiss under Superior Court Civil Rule 12(b)(6). What standard does the court apply?

Accepted Answer

Whether the plaintiff could recover under any reasonably conceivable set of circumstances susceptible of proof

Answer

Delaware courts apply the 'reasonable conceivability' standard, which is more lenient to plaintiffs than the federal plausibility standard.

Question 4

Which Delaware court has jurisdiction over civil landlord-tenant summary possession proceedings?

Accepted Answer

The Justice of the Peace Court

Answer

The Justice of the Peace Court has exclusive jurisdiction over summary possession actions between landlords and tenants.

Question 5

A Delaware plaintiff obtains a default judgment against a defendant who never answered. The defendant later moves to vacate, claiming excusable neglect. Under which rule is the motion analyzed?

Accepted Answer

Rule 60(b)

Answer

Rule 60(b) governs relief from judgments, including default judgments, on grounds such as mistake, inadvertence, or excusable neglect.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Civil Procedure 3