Civil Procedure

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

(a)  

If the defendant doesn’t file either an answer or a motion to dismiss, the plaintiff can get a (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 (a)   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