Civil Procedure

To avoid a default judgment, the defendant must file either an _____ or a motion to _____.

If the defendant doesn’t file either an answer or a motion to dismiss, the plaintiff can get a _____ judgment.

True or False. The most common basis for motions to dismiss are based on jurisdiction, or failure to state a claim.

• True

• False

True or False. Subject matter jurisdiction refers to what type of claims the court can hear.

• True

• False

True or False. Personal jurisdiction refers to who the court can exercise jurisdiction over.

• True

• False

If the defendant can prove an _____ defense, it wins, even if the plaintiff can prove all the elements of its case.

Who has the burden of proving affirmative defenses:

• Plaintiff

• Defendant

• Prosecutor

• Judge

• Jury

True or False. A counterclaim is a claim raised by a defendant against a co-defendant.

• True

• False

True or False. A cross-claim is raised by a defendant against the plaintiff.

• True

• False

The rules of civil procedure govern:

• What evidence is admissible

• What must be included in a petition or complaint

• Motion practice

• Discovery