x
Info
x
Warning
x
Danger
 / 
 / 
 / 
If a named defendant in a civil suit fails to respond to a complaint

Question : If a named defendant in a civil suit fails to respond to a complaint : 2162305

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.

41) The complaint:

A) Is a pleading made by the plaintiff(s) to initiate a civil lawsuit

B) Is a motion made by the defendant to state differences with the sitting judge

C) Is a motion made by the plaintiff to request more time, as the issues are complex

D) Is a pleading made by the defendant(s) to dismiss a lawsuit for cause of action

42) An answer is:

A) A pleading by the plaintiff to request documents from opposing counsel

B) A pleading by the defendant to respond to the allegations in the plaintiff's complaint

C) A motion by the plaintiff to respond to counterclaims made by the defendant

D) None of the above

43) Affirmative defenses are found in:

A) The answer

B) The complaint

C) A motion to compel discovery

D) A motion to dismiss

44) If a named defendant in a civil suit fails to respond to a complaint, the defendant could be:

A) Granted a summary judgment without filing a motion

B) Assigned a default judgment for failing to timely respond

C) Assigned a new venue after filing the appropriate motion

D) Granted a change of venue without filing a motion

45) Affirmative defenses are:

A) Legal theories that challenge the motive of the defendant

B) Legal theories that will bar the defendant's claim

C) Legal theories that will bar the plaintiff's claim

D) Legal theories that the judge imposes to make the trial proceed quickly

46) Contributory negligence:

A) Is not a proper defense to use in a tort action

B) Is a defense used by the defendant stating that the plaintiff's actions were negligent and any damages awarded should be divided proportionately

C) Is a defense used by a defendant stating that the plaintiff's actions were negligent and could bar recovery

D) None of the above

47) The time for a defendant to file a responsive pleading begins to run:

A) As soon as the plaintiff finishes drafting the document

B) As soon as the plaintiff files it with the court

C) As soon as the defendant has been properly served

D) None of the above

48) A responsive pleading is:

A) The commentary of the presiding judge in a civil action

B) The initial pleading in a civil action

C) A pleading filed in response to a prior filed pleading

D) All of the above

49) In responding to the allegations contained in a complaint, the defendant may:

A) Deny the truth of the allegation

B) Plead Nolo contendere

C) Plead Res ipsa loquitur

D) Deny or admit the truth of the allegation

50) Assumption of the risk:

A) Is only available as an affirmative defense where the plaintiff knew of the risk involved in a particular dangerous activity and proceeded with the activity

B) Is only available as an affirmative defense in contract cases

C) Is only available as an affirmative defense in personal injury cases

D) Is not a proper affirmative defense

51) Contributory negligence:

A) Is an affirmative defense used in slip and fall cases only

B) Is an affirmative defense used in high-risk activity tort actions where the plaintiff knew of the risks involved

C) Is an affirmative defense, which states there is no recovery for a plaintiff where the plaintiff's own negligence contributed to their injuries

D) None of the above

52) Comparative negligence:

A) Is an affirmative defense used in high-risk activity tort actions where the plaintiff knew of the risks involved

B) Is an affirmative defense, which states there is no recovery for a plaintiff where the plaintiff's own negligence contributed to their injuries

C) Is an affirmative defense used in slip and fall cases only

D) None of the above

53) A cross claim is:

A) A claim made by the plaintiff against a third-party defendant

B) A claim made by the judge against codefendants for improper conduct

C) A claim made by one defendant against another named defendant

D) None of the above

54) A joinder is:

A) Inclusions in the lawsuit of more than one attorney to allow the plaintiff to have joint representation

B) Inclusion in the lawsuit of other plaintiffs with similar claims to create a class action suit

C) Inclusion in a lawsuit of a third party, not presently a part of the lawsuit

D) All of the above

E) None of the above

55) Filing deadlines:

A) Vary from court to court, so it is important to know the court rules for filing deadlines and how many days are allowed

B) Are always set at 15 days, no matter what court you are in, to respond to any deadline

C) Are merely guidelines and not that important

D) None of the above

56) The third-party plaintiff is:

A) The plaintiff in the original complaint

B) The defendant in the original complaint

C) Either the plaintiff or the defendant in the original complaint can be the third part plaintiff.

D) None of the above

57) Court permission to file a third-party complaint is:

A) Not required if filed within 14 days of filing the answer to the complaint

B) Always required

C) Not required if the plaintiff knew of the existence of the claim against the third-party defendant

D) Never required

58) Courts generally grant permission to include a third-party defendant unless:

A) There was unreasonable delay in discovering the existence of a third party who may liable to the plaintiff

B) The statute of limitations has passed

C) Both A and B

D) Neither A nor B

59) The prayer for relief in the answer to a complaint:

A) Asks for the defendant's answer to be dismissed

B) Asks for the judgment to be entered in the plaintiff's favor

C) Asks for the plaintiff's complaint to be dismissed

D) Asks for the plaintiff's complaint to be dismissed and judgment be entered in favor of the defendant for his counterclaims.

60) A claim the defendant has against the plaintiff that arises out of the same facts as those contained in the complaint is:

A) A cross claim

B) A mandatory counterclaim

C) A permissive counterclaim

D) A counterclaim

Solution
5 (1 Ratings )

Solved
Business Law 11 Months Ago 176 Views
This Question has Been Answered!

Related Answers
Unlimited Access Free
Explore More than 2 Million+
  • Textbook Solutions
  • Flashcards
  • Homework Answers
  • Documents
Signup for Instant Access!
Ask an Expert
Our Experts can answer your tough homework and study questions
1790 Business Law Questions Answered!
Post a Question