Civil Procedure

When an action is commenced, that is to say, upon the _____________of a complaint, the clerk is required to ____________a summons and deliver it to a person specially appointed to __________ it _____________ the defendant.

Which court has jurisdiction to affirm, reverse, remand and modify another court’s decision?

• A trial court of general jurisdiction

• A trial court of limited jurisdiction

• A reviewing court

• Only the state’s highest Court

Which of the following parties can file a counter claim?

• The defendant

• The plaintiff

• A third party

• A co-plaintiff

Suppose that a business is incorporated under the laws of Maine but has a branch office and manufacturing plant in Georgia. The corporation also advertises and sells its products in Georgia. Are Georgia courts allowed to exercise jurisdiction over this business?

• No, because those activities do not constitute minimum contacts

• Yes, because Georgia is the appropriate venue

• Yes, they are allowed to exercise jurisdiction under the Long-Arm Statutes

• No, they are not allowed to exercise jurisdiction under the Long-Arm Statutes

An action will commence when the attorney ________ the plaintiff files a complaint ____________ the clerk of the trial court in the appropriate geographical area, also called ____________.

During voir dire, a party may _______ a certain number of prospective jurors ________ – that is, ask that these individuals not be sworn ______ as jurors, without providing any reason.

Which of the following are reasons why a court may dismiss a case upon a motion? (Select all that apply)

• Lack of subject-matter jurisdiction

• Improper venue

• Statute of limitations

• Insufficiency of service of process

• Failure to join a party under Rule 19

Under the rules of evidence, evidence must be:

• Relevant, material and competent

• Relevant, complete and competent

• Relevant, material and complete

Which of the following can be waived? Select all that apply

• Venue

• Service of process

• Subject matter jurisdiction

• Personal jurisdiction

• Notice

1.       If the plaintiff fails to effect service within 120 days ____________ filing the complaint, the court, _________ motion or _____________ its own initiative, after notice to the plaintiff, shall dismiss the action _________ prejudice as to that defendant or direct that the service be ______ within a specified time; provided that if the plaintiff shows good cause ____________ the failure, the court shall extend the time for service for an appropriate period.