Civ Pro Outline

A Plaintiff files a lawsuit against a Defendant. The Defendant moves to dismiss

the case for failure to state a claim upon which relief can be granted. Which of the following is most likely to be true?

• The motion will be granted if the complaint fails to allege facts

  sufficient to state a claim for relief that is plausible on its face.

• The motion will be granted if the complaint fails to allege facts

  sufficient to state a claim for relief that is possible on its face.

• The motion will be granted if the complaint fails to allege facts

  sufficient to state a claim for relief that is probable on its face.

• The motion will be granted if the complaint fails to allege facts

  sufficient to state a claim for relief that is certain on its face.

• The motion will be granted if the complaint fails to allege facts

  sufficient to state a claim for relief that is reasonable on its face.

Defendant files a pre-answer motion on a civil matter in the Middle District of Florida. His motion is denied, and fails to make any other appearance or contribution to subsequent proceedings. The Plaintiff moves for default... What should occur?

• Default Granted

• Judge Should review the case on all basis' to ensure it states a valid claim. Then grant or Deny accordingly

• Deny the motion and permit the Defendant an opportunity to respond to ensure the matter is decied on the merits

• Not take any steps unless the Plaintiff can show service on the missing Defendant

• Grant the relief requested but with an order that the judgement be served on the Defendant.

Which would be filed FIRST after a complaint by a PLAINTIFF

• ANSWER

• SUMMARY JUDGEMENT MOTION

• MOTION FOR CONTINUANCE

• MOTION TO DISMISS

• MOTION TO PRECLUDE

Who presents their case first in a civil proceeding?

Which is an appropriate way to present the Parties of a case,

in a district court proceeding?

• China v. Japan

• Charles Grant

  V.

  Charmain Johnson

• Gonzalez v. Carter

• Charles, Grant

  v.

  Jim Campbell

• Grant, Charles

  v.

  Charmain Johnson

What is required in the caption of a valid case?

• Address of the Parties, names of parties, basic facts about the case

• Names of a Defendant and Plaintiff, specific court, docket / index number if available

• reference to all parties, the specific Judge hearing the case, and filers signature

• name of all parties, Docket/Index number, and a signed order.

• Name of courthouse and docket number

Plaintiff moves to amend a pleading after being granted a default order. How should the Court handle?

• Summarily Dismiss

• confirm service prior to hearing the motion on its merits

• Confirm service and then schedule a hearing date.

• Hold for a decision until the Respondent/Defendant has had an opportunity under the statute to respond

Defendant moves to mark as exhibits D1 - D5. He subsequentl moves to admit each of the following. The Plaintiff notes an objection which is granted as to Exhibits D2 & D5.

Defendant subsequently refers to D2 and asks a witness to refer to D2, may he do so?

• No, this would be improper as there was already a decision on this Exhibit

• Yes, but only for the purposes of attempting to re-introduce it as evidence again.

• No, as this would be unfair and repetitive and prejudce the other party.

• No, as it was already rejected.

• Yes, as it has already been marked.

Who may typically serve pleadings on a case?

• Defendant by counsel

• Defendants 17 year old emancipated son

• Plaintiff & Defendant by counsel

• An independent unlicensed process server who's license has lapsed 10 years ago

• Defendant's mother by email, and mail.

Defendant files an answer, and then opts to move to dismiss under 12(b)(6). How should the Court handle this motion?

• Permit the Plaintiff his statutory time frame under the rules to Amend the pleading prior to reviewing and making a decision.

• Grant the motion under Rule 15.

• Deny the motion based on lack of subject matter jurisdiction.

• Review and hear the motion so long as it hasb een filed no more than 21 days after the answer.

• Deny the motion