Mbe Civil Procedure: Pleadings & Parties Flashcards Actual Exam Questions And Accurate Answers

1 MBE Civil Procedure: Pleadings & Parties Flashcards Actual exam questions and accurate answers verified 100% complete document for study Latest Version Pleadings - Rule 11 - Amendments - Joinder - Impleader - Interpleader - Intervention - Class Actions Q1 What is a complaint and what must it contain? Answers: Pleading filed to initiate lawsuit. Must contain: 1. Grounds for SMJ; 2. Statement of claim; and 3. Demand for relief (damages, equitable relief, etc) FRCP 8(a) 2 Q What must the statement of claim contain? Answers:2 Short and plain statement showing that P has a plausible claim for relief. FRCP 8(a)(2) 3 Q What sort of claims need to be plead with particularity? Answers: Those involving fraud, mistake, or special damages. See FRCP 9. for specific pleading requirements. 4 Q D has ____ days after service of process to file an answer. Answers: 21. If D waived service, answer is due within 60 days after request for waiver was sent, or within 90 days after it was sent to D outside any judicial district of the United States. If D is the United States or a US employee, answer is due within 60 days.3 FRCP 12(a)(1)(A)(i) 5 Q What must