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Foundations of Law
Civil Litigation
Pre-Trial Practice
Summons, Complaint and Answer

Question 1

The purpose of the summons is:

to present the substance of the plaintiff's lawsuit.

Correct

Incorrect!

to identify the presiding court and parties of the lawsuit.

Correct The purpose of the summons is to identify the presiding court and parties of the lawsuit and to let the defendant know of the existence of the lawsuit pending against him and to notify him what steps he must take next.

Incorrect! The purpose of the summons is to identify the presiding court and parties of the lawsuit and to let the defendant know of the existence of the lawsuit pending against him and to notify him what steps he must take next.

to respond to the plaintiff's allegations contained in the complaint.

Correct

Incorrect!

to ask permission of the court to dismiss the lawsuit.

Correct

Incorrect!

Question 2

The proper rule in the Federal Rules of Civil Procedure that governs the proper form and substance of a summons is:

Rule 12(b)

Correct

Incorrect!

Rule 8

Correct

Incorrect!

Rule 4

Correct Rule 4 of the FRPC governs the summons and complaint and sets forth the rules governing service of process.

Incorrect! Rule 4 of the FRPC governs the summons and complaint and sets forth the rules governing service of process.

Rule 3

Correct

Incorrect!

Question 3

The purpose of the complaint is:

to present the factual and legal bases of the plaintiff's lawsuit and the type of relief requested.

Correct The purpose of the complaint is to present the factual and legal bases of the plaintiff's lawsuit and the type of relief requested. The complaint serves to notify the defendant as to the basic nature of the complaint against him to allow him to appropriately respond to the complaint with an answer.

Incorrect! The purpose of the complaint is to present the factual and legal bases of the plaintiff's lawsuit and the type of relief requested. The complaint serves to notify the defendant as to the basic nature of the complaint against him to allow him to appropriately respond to the complaint with an answer.

to refute the factual and legal bases of the plaintiff's lawsuit.

Correct

Incorrect!

to seek dismissal of the plaintiff's lawsuit.

Correct

Incorrect!

to prevent the judge from removing the case to another court.

Correct

Incorrect!

Question 4

The Federal Rules of Civil Procedure require that the plaintiff present his complaint to the court:

in strict statutory and technical legal language.

Correct

Incorrect!

in the type of language required by the jurisdiction where the lawsuit is submitted.

Correct

Incorrect!

in short and plain language.

Correct Rules 7 and 8 of the Federal Rules of Civil Procedure govern the form of the complaint and state that a complaint should be written in short, plain language and should serve the goal of apprising the defendant of the nature of the complaint against him.

Incorrect! Rules 7 and 8 of the Federal Rules of Civil Procedure govern the form of the complaint and state that a complaint should be written in short, plain language and should serve the goal of apprising the defendant of the nature of the complaint against him.

at the discretion of the judge.

Correct

Incorrect!

Question 5

The major distinction between a supplemental complaint and an amended complaint is:

that the supplemental complaint contains facts and events known before the original complaint was filed, whereas the amended complaint contains facts and events known after the original complaint was filed.

Correct

Incorrect!

the supplemental complaint contains facts and events known after the original complaint was filed, whereas the amended complaint contains facts and events known before the original complaint was filed.

Correct The major distinction between a supplemental complaint and an amended complaint is the supplemental complaint contains facts and events that came to be known after the original complaint was filed, while a complaint can be amended to include facts even though they were known to the parties before the complaint was filed.

Incorrect! The major distinction between a supplemental complaint and an amended complaint is the supplemental complaint contains facts and events that came to be known after the original complaint was filed, while a complaint can be amended to include facts even though they were known to the parties before the complaint was filed.

that the supplemental complaint contains facts and events raised in the defendant's answer.

Correct

Incorrect!

that the amended complaint contains facts and events raised in the defendant's motion to dismiss.

Correct

Incorrect!

Question 6

The purpose of the answer is:

to give the defendant an opportunity to respond to the allegations contained in the complaint.

Correct

Incorrect!

to respond to the complaint by putting forth any affirmative defenses or Rule 12(b) defenses the defendant thinks are applicable to the lawsuit.

Correct

Incorrect!

Neither (a) nor (b).

Correct

Incorrect!

Both (a) and (b).

Correct An answer must set forth the reasons that the defendant is claiming that he or she is not liable under the complaint and must set forth and affirmative defenses that the defendant thinks will shield him or her from liability.

Incorrect! An answer must set forth the reasons that the defendant is claiming that he or she is not liable under the complaint and must set forth and affirmative defenses that the defendant thinks will shield him or her from liability.

Question 7

Generally, the defendant must submit his answer to the court and the other parties in the lawsuit within:

120 days of receiving the complaint.

Correct

Incorrect!

20 days of receiving the complaint.

Correct Under Rule 12, the defendant must submit his answer to the court and the other parties in the lawsuit within 20 days of receiving the complaint.

Incorrect! Under Rule 12, the defendant must submit his answer to the court and the other parties in the lawsuit within 20 days of receiving the complaint.

90 days of trial.

Correct

Incorrect!

20 days of receiving the motion to dismiss.

Correct

Incorrect!

Question 8

If the defendant elects to waive service, the defendant must submit his answer within:

60 days

Correct If the defendant agrees to waive service of process and save everyone the time and effort involved in service, the defendant is rewarded with a time extension to file the answer. The defendant may then serve the answer within 60 days of the waiver of service of the complaint.

Incorrect! If the defendant agrees to waive service of process and save everyone the time and effort involved in service, the defendant is rewarded with a time extension to file the answer. The defendant may then serve the answer within 60 days of the waiver of service of the complaint.

90 days

Correct

Incorrect!

30 days

Correct

Incorrect!

20 days

Correct

Incorrect!

Question 9

George was injured when a crane, operated by LiftIt, Inc., dropped a large crate on his foot. As a result, George sustained a broken foot and was forced to take a leave of absence from his job for six months. The substance of his complaint contained only the following: "On July 1, 2003, plaintiff George was injured when a crate fell upon his foot, breaking it in several places. Plaintiff George seeks $100,000 in monetary relief." The complaint does not specifically identify LiftIt, Inc., as the defendant. George's attorney submitted the complaint to the court and a copy to LiftIt, Inc. on July 31, 2003. Would the court find that the plaintiff's complaint is proper?

Yes, because it specifies the date of the accident and the amount of damages that plaintiff seeks.

Correct

Incorrect!

Yes, because it identifies the plaintiff who is seeking the lawsuit.

Correct

Incorrect!

No, because the complaint fails to identify the defendant in the complaint and the law from which the plaintiff seeks relief.

Correct Rule 8 of the Federal Rules of Civil Procedure requires that the complaint contain short and plain language, identifying the parties and relief requested. In the question above, the plaintiff identifies the date of the accident and the injury sustained. The plaintiff also identifies the type of relief requested. However, the plaintiff fails to identify the law under which he is seeking relief (whether a statutory law or common law) and does not name the defendant (LiftIt, Inc.) anywhere in the lawsuit as being responsible for the injury. Therefore, even though a court would attempt to broadly interpret the complaint, it is unlikely that the court would allow the complaint as specified above to proceed. It is likely a court would give the plaintiff an opportunity to amend the complaint.

Incorrect! Rule 8 of the Federal Rules of Civil Procedure requires that the complaint contain short and plain language, identifying the parties and relief requested. In the question above, the plaintiff identifies the date of the accident and the injury sustained. The plaintiff also identifies the type of relief requested. However, the plaintiff fails to identify the law under which he is seeking relief (whether a statutory law or common law) and does not name the defendant (LiftIt, Inc.) anywhere in the lawsuit as being responsible for the injury. Therefore, even though a court would attempt to broadly interpret the complaint, it is unlikely that the court would allow the complaint as specified above to proceed. It is likely a court would give the plaintiff an opportunity to amend the complaint.

No, because the complaint must contain technical legal language and significant detail of the events.

Correct

Incorrect!

Question 10

On April 1, 2003, Rachel was in a car accident with Peter. Rachel was driving her Volkswagen Jetta down Park Avenue in New York City when she was struck by Peter's oncoming Corvette, which ran a red light. Rachel filed a complaint against Peter on June 3, 2003, alleging the following: 1. On April 1, 2003, Plaintiff Rachel was driving her 2001 Volkswagen Jetta car down Park Avenue in New York City at approximately 1:30 P.M. 2. At the corner of Park Avenue and 34th Street, Defendant Peter, driving a 2003 red Corvette, struck Plaintiff Rachel's car. Defendant Peter negligently ran the red light. 3. Plaintiff Rachel seeks damages in the amount of $90,000 for injury to her personal property and medical injuries and expenses. Plaintiff Rachel also seeks $20,000 in damages for emotional distress as a result of the accident. 4. Plaintiff seeks recovery based on New York State's Automobile Insurance Act and common law negligence. Defendant Peter discovers that his brakes failed and that the brake manufacturer was solely liable for the accident. What would be the best course of action for Defendant Peter to take?

To wait and introduce this information later on when the trial commences.

Correct

Incorrect!

To telephone the plaintiff and inform them that the brake manufacturer is the proper defendant for the lawsuit.

Correct

Incorrect!

To assert that the brake failure was solely caused by the manufacturer's negligence in assembling the brake system as a defense in his answer.

Correct The defendant, by asserting the manufacturer's negligence, is putting forth an affirmative defense. In other words, the defendant is stating that the manufacturer's negligence caused the accident, and that the defendant's negligence was not a factor. It is best for the defendant to assert the information in his (or her) answer. The other answer choices fail to ensure that the manufacturer's negligence will be introduced into the case.

Incorrect! The defendant, by asserting the manufacturer's negligence, is putting forth an affirmative defense. In other words, the defendant is stating that the manufacturer's negligence caused the accident, and that the defendant's negligence was not a factor. It is best for the defendant to assert the information in his (or her) answer. The other answer choices fail to ensure that the manufacturer's negligence will be introduced into the case.

To encourage the brake company to contact the plaintiff and inform her of its liability.

Correct

Incorrect!

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