Question 1

Service of process is governed by which one of the Federal Rules of Civil Procedure?

Question 2

The Federal Rules of Civil Procedure allow which of the following persons to effect service?

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?

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?

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?

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?

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?