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Question 1
Service of process is governed by which one of the Federal Rules of Civil Procedure?
Correct
Incorrect!
Correct Rule 4 governs service of process, along with other issues regarding the form and timing of the summons and complaint.
Incorrect! Rule 4 governs service of process, along with other issues regarding the form and timing of the summons and complaint.
Correct
Incorrect!
Correct
Incorrect!
Question 2
The Federal Rules of Civil Procedure allow which of the following persons to effect service?
Correct
Incorrect!
Correct
Incorrect!
Correct The Federal Rules of Civil Procedure allow only people who are not a party to the lawsuit and older than 18 years old to effect service.
Incorrect! The Federal Rules of Civil Procedure allow only people who are not a party to the lawsuit and older than 18 years old to effect service.
Correct
Incorrect!
Question 3
Patty is suing Lewis for breach of contract. Patty had entered into a contract with Lewis to purchase his home. However, Lewis, who intended on moving to another bigger house, was rejected by his bank for an additional mortgage. Lewis apologetically explained the circumstances to Patty, who had already arranged to sell her condo and move into Lewis' home. Patty brought a lawsuit in federal court. Which of the following scenarios is/are permissible under the Federal Rules of Civil Procedure for service of process?
Correct Bob is a non-party and is older than 18 years of age. Rule 4 specifies that service of process can be executed by a non-party over the age of 18 years old. Answer (b) is not the best answer because Patty's daughter is younger than 18 years of age. Answer (d) is not the best answer because Patty is a party to the lawsuit, and the Federal Rules of Civil Procedure require that the person performing service of process is not a party. Answer (c) is not the best answer because Paul, Patty's husband, may also be a party to the lawsuit, which would eliminate his eligibility to conduct service of process to the satisfaction of Rule 4.
Incorrect! Bob is a non-party and is older than 18 years of age. Rule 4 specifies that service of process can be executed by a non-party over the age of 18 years old. Answer (b) is not the best answer because Patty's daughter is younger than 18 years of age. Answer (d) is not the best answer because Patty is a party to the lawsuit, and the Federal Rules of Civil Procedure require that the person performing service of process is not a party. Answer (c) is not the best answer because Paul, Patty's husband, may also be a party to the lawsuit, which would eliminate his eligibility to conduct service of process to the satisfaction of Rule 4.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Mary, a resident of Maryland, was on her way to Virginia Beach, Virginia for Labor Day weekend. Todd, a resident of North Carolina, had just worked a double shift and was driving to meet his girlfriend in Virginia Beach to spend the holiday weekend. Todd fell asleep at the wheel, crashing into Mary's car. Mary sues Todd in federal court in Baltimore, Maryland. Mary asks her good friend Charlie (who is 25 years old) to serve the summons and complaint on Todd in Charlotte, North Carolina. Maryland law permits the service of process by personal delivery, but prohibits service of the summons and complaint to be left at the home or place of business with a person of suitable age and discretion. North Carolina Law permits both forms of service. Charlie leaves the summons and complaint with Todd's girlfriend at their home in Charlotte. Did Charlie properly serve the summons and complaint?
Correct
Incorrect!
Correct Rule 4 of the Federal Rules of Civil Procedure require that service of process conform to the laws of the state where the presiding court is located or the state where the defendant is located. Therefore, the services of process rules belonging to Maryland or North Carolina apply. Therefore, Charlie's service of the summons and complaint on Todd according to the rules of North Carolina is proper. Answer (a) is not the best answer because Rule 4 does not require that the defendant be served only according to rules of the state where he or she resides. Answers (b) and (d) do not apply because it is a misinterpretation of Rule 4.
Incorrect! Rule 4 of the Federal Rules of Civil Procedure require that service of process conform to the laws of the state where the presiding court is located or the state where the defendant is located. Therefore, the services of process rules belonging to Maryland or North Carolina apply. Therefore, Charlie's service of the summons and complaint on Todd according to the rules of North Carolina is proper. Answer (a) is not the best answer because Rule 4 does not require that the defendant be served only according to rules of the state where he or she resides. Answers (b) and (d) do not apply because it is a misinterpretation of Rule 4.
Correct
Incorrect!
Correct
Incorrect!
Question 5
Terri entered into a contract to have QuickMovers, Co. (QM) move her furniture to her new apartment. QM damaged several pieces of Terri's furniture, including her grandmother's one-of-a-kind antique piano. Terri sued QM in federal court for damages to her personal property. Which of the following scenarios is not a proper form of service of process?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The federal rules require that service upon a corporation, partnership, or association be performed under the requirements of Rule 4(h). Subsection (h) requires that any officer, managing partner or agent, or any other agent authorized to receive service may do so. Service upon a summer intern, who is a temporary employee, is insufficient to satisfy the service of process requirements.
Incorrect! The federal rules require that service upon a corporation, partnership, or association be performed under the requirements of Rule 4(h). Subsection (h) requires that any officer, managing partner or agent, or any other agent authorized to receive service may do so. Service upon a summer intern, who is a temporary employee, is insufficient to satisfy the service of process requirements.
Question 6
Bob, a lawyer, and his firm were being sued in federal court for legal malpractice by several of his clients, including Susan. Susan hired a process server to deliver the summons and complaint to Bob. When the process server arrived at Bob's home, he discovered that it was unoccupied. The process server then proceeded to the law firm office. The process server discovered that Bob was out of the office with another client, but served the summons and complaint on Carl, Bob's partner in the law firm. Was service of process properly executed?
Correct
Incorrect!
Correct
Incorrect!
Correct Since the law firm is named as a party to the lawsuit, Carl is permitted to receive the summons and the complaint. Carl is a partner in the firm, and therefore is considered of the same managerial authority as an officer, managing or general agent under Rule 4. Therefore it was proper for Carl to accept the summons and complaint. Answer (a) is improper because Rule 4 does not restrict service of process on the party itself. Answer (b) is an incorrect statement of the law. Answer (d) is not correct because the process server is not required to serve process at the defendant's home before proceeding to the defendant's place of business.
Incorrect! Since the law firm is named as a party to the lawsuit, Carl is permitted to receive the summons and the complaint. Carl is a partner in the firm, and therefore is considered of the same managerial authority as an officer, managing or general agent under Rule 4. Therefore it was proper for Carl to accept the summons and complaint. Answer (a) is improper because Rule 4 does not restrict service of process on the party itself. Answer (b) is an incorrect statement of the law. Answer (d) is not correct because the process server is not required to serve process at the defendant's home before proceeding to the defendant's place of business.
Correct
Incorrect!
Question 7
Jimmy, a six-year-old who lives in Columbus, Ohio, was at Disneyworld with his parents. While waiting on line to go on the "It's a Small World" ride, he got into a fight with Samantha, a five-year-old from Tampa, Florida. Jimmy went to poke Samantha in the shoulder but instead struck her in the eye. Samantha was taken to the local hospital, where she sustained a scratch to her cornea. Samantha's parents sued Jimmy in federal court for over $100,000 in damages. The attorneys hired a process server, who brought the summons and complaint to Jimmy on his school playground in Columbus. Jimmy's parents consult with their lawyer to find out if Samantha's parents can do this. What should Jimmy's attorney advise them?
Correct Rule 4 prohibits service of process on infants. The courts will traditionally have a legal guardian (such as Jimmy's parents) represent Jimmy's interests in the lawsuit. Answer (b) is not the best answer because the Federal Rules of Civil Procedure does not specify simultaneous service on the parent and infant. Answer (c) is incorrect, because it does not matter that Jimmy caused Samantha's injury; he is still an infant and special service of process rules apply. Answer (d) is improper because a defendant does not need to be served in his state of residence.
Incorrect! Rule 4 prohibits service of process on infants. The courts will traditionally have a legal guardian (such as Jimmy's parents) represent Jimmy's interests in the lawsuit. Answer (b) is not the best answer because the Federal Rules of Civil Procedure does not specify simultaneous service on the parent and infant. Answer (c) is incorrect, because it does not matter that Jimmy caused Samantha's injury; he is still an infant and special service of process rules apply. Answer (d) is improper because a defendant does not need to be served in his state of residence.