All suits take place in federal court
Facts for Questions 1-4:
P sues D for driving negligently and causing P injury. P demands $100K for his extensive medical bills. P had D served with the complaint and summons on January 1, 2015. A month passes and D does not answer or otherwise defend again the complaint. In fact, D does not do anything in response to the lawsuit.
- True or False? After being notified by affidavit, the court must grant an entry of default to P.
- True or False? After being notified by affidavit, the court must grant default judgment to P.
- True or False? After being notified by affidavit, the court must grant P $100,000.
- Assume that the court grants P default judgment for $100,000. However, suppose that the reason D did not respond to the lawsuit is because he was in a coma from a second accident that occurred the day after D was served. What should D do?
- A. The default judgment has already been granted. Too bad, so sad.
- B. File a lawsuit against P for P’s negligence in the accident between P and D.
- C. File for bankruptcy.
- D. Ask the court to set aside the default judgment.
- P sues D for “malicious and willful failure to invite,” namely, that D did not invite P to D’s birthday party. A month passes. D does not answer or otherwise defend. P files a motion with the court for default judgment. D is still nowhere to be found. Should the court grant the motion?
- P sues D for “causing me harm and therefore damages.” Choose the most appropriate pre-answer motion for D to make:
- A. FRCP 12(b)(2)
- B. FRCP 12(b)(6)
- C. FRCP 12(c)
- D. FRCP 12(e)
- E. FRCP 12(f)
- F. FRCP 12(i)
- P sues D, alleging that “D willfully failed to invite P to D’s birthday party.” Before answering the complaint, D files motion to dismiss for: lack of SMJ, lack of PJ, and failure to state a claim. TRUE OR FALSE: D can assert all three defenses in the same pre-answer motion without making a general appearance.
- P sues D, alleging that “D willfully failed to invite P to D’s birthday party. Also, D is a smelly, smelly person.” D moves to strike the allegation of smelliness, and also moves to dismiss for failure to state a claim. TRUE OR FALSE: P can assert both these defenses in the same motion.
Questions 9-14 rely on a simple fact pattern:
P sues D for “willful failure to invite.” Assume that PJ exists but that venue does not exist. “PAM” means “pre-answer motion.”
- D asserts a PAM for lack of PJ; after that motion is denied, D asserts a second PAM for lack of venue. How should the court rule: GRANT or DENY?
- D asserts a PAM for lack of PJ; after that motion is denied, D serves an answer asserting lack of venue. Later, D moves to dismiss under FRCP 12(i) based on lack of venue. How should the court rule: GRANT or DENY?
- D serves an answer listing “lack of PJ” as a defense; a month later, D amends the answer to add the defense of “lack of venue.” Later, D moves to dismiss under FRCP 12(i) based on lack of venue. How should the court rule: GRANT or DENY?
- D serves an answer listing “lack of PJ” as a defense; a week later, D amends the answer to add the defense of “lack of venue.” Later, D moves to dismiss under FRCP 12(i) based on lack of venue. How should the court rule: GRANT or DENY? (Hint, see FRCP 12(h)(1)(B)(ii), and peek ahead to FRCP 15(a)(1).)
- D asserts a PAM for lack of PJ; after it is denied, D asserts a second PAM for failure to state a claim. How should the court rule: GRANT or DENY?
- P sues D, alleging that “D willfully failed to invite P to D’s birthday party. Also, D is a smelly, smelly person.” Before answering, D moves to strike the allegation of smelliness. After the court grants the motion to strike and before answering, D also moves to dismiss for failure to state a claim. TRUE OR FALSE: P can assert both of these motions before answering.
- P sues D, alleging that D “did something wrong, harming P.” D files a pre-answer motion, moving for a more definite statement. After the court grants D’s motion, P amends his complaint to allege that “D willfully failed to invite P to D’s birthday party.” D files a second pre-answer motion, seeking dismissal for failure to state a claim. TRUE OR FALSE: D can file a second pre-answer motion without first answering the complaint.
Added Jan. 13, 2015