Legal Support Court Procedures

Question 1

What is the first document filed to initiate a civil lawsuit?

Accepted Answer

Complaint

Answer

A complaint is the initial pleading filed by the plaintiff that sets out the claims against the defendant and the relief sought.

Question 2

How long does a defendant typically have to respond to a complaint in federal court?

Accepted Answer

21 days

Answer

Under the Federal Rules of Civil Procedure, a defendant must serve an answer within 21 days after being served with the summons and complaint.

Question 3

What is a 'motion to dismiss' used for?

Accepted Answer

To request the court terminate the case before trial

Answer

A motion to dismiss asks the court to end the case at an early stage because of a legal deficiency, such as failure to state a claim.

Question 4

What is the purpose of a 'scheduling order' in federal court?

Accepted Answer

To set deadlines for discovery and trial preparation

Answer

A scheduling order is issued by the court to set deadlines for completing discovery, filing motions, and preparing for trial.

Question 5

What is a 'default judgment'?

Accepted Answer

A judgment against a party who fails to respond or appear

Answer

A default judgment is entered against a defendant who fails to respond to a complaint or appear in court within the required time.

Legal Support Practice Test