Video-Courses
EARN COLLEGE CREDIT!

Foundations of Law

Search Our Research Index

A Project of National Paralegal College

Video-Courses
EARN COLLEGE CREDIT!

Foundations of Law

Search Our Research Index

TAKE COLLEGE-LEVEL COURSES WITH
LAWSHELF FOR ONLY $20 A CREDIT!

LawShelf courses have been evaluated and recommended for college credit by the National College Credit Recommendation Service (NCCRS), and may be eligible to transfer to over 1,300 colleges and universities.

We also have established a growing list of partner colleges that guarantee LawShelf credit transfers, including Excelsior University, Thomas Edison State University, University of Maryland Global Campus, Purdue University Global, and Southern New Hampshire University.

GET STARTED TODAY!

Purchase a course multi-pack for yourself or a friend and save up to 50%!

5-COURSE
MULTI-PACK
$180

10-COURSE
MULTI-PACK
$300

Accelerated
1-year bachelor's
program

Foundations of Law
Civil Litigation
Pre-Trial Practice
Pre-trial Motions Practice

Question 1

When a party wants to have the court issue an order, the party will file a:

Request for order.

Correct

Incorrect!

Request for dismissal.

Correct

Incorrect!

Request for judgment.

Correct

Incorrect!

Motion.

Correct A court may be asked to do something or issue an order by any party at any time. The paper that a party submits when asking for the action is called a motion.

Incorrect! A court may be asked to do something or issue an order by any party at any time. The paper that a party submits when asking for the action is called a motion.

Question 2

Most motions must be accompanied by:

Request for order.

Correct

Incorrect!

Memorandum of law.

Correct

Incorrect!

Certificate of service.

Correct

Incorrect!

All of the above.

Correct The motion contains all 3 elements: A request for the action that the party is moving (usually some type of order), a memorandum of law setting forth why the judge should grant the motion and a certificate of service, letting the judge know that the other party was given a copy of the motion so that it can respond.

Incorrect! The motion contains all 3 elements: A request for the action that the party is moving (usually some type of order), a memorandum of law setting forth why the judge should grant the motion and a certificate of service, letting the judge know that the other party was given a copy of the motion so that it can respond.

Question 3

To determine whether any additional requirements exist for motions, such as paper size, paper color, margin size, specific font and font size, one will review the:

Federal Rules of Civil Procedure.

Correct

Incorrect!

Local rules of the particular court.

Correct Minor technical issues, such as paper size, paper color, etc. are set by each individual court for itself, not necessarily by the rules of civil procedure for the state or federal levels.

Incorrect! Minor technical issues, such as paper size, paper color, etc. are set by each individual court for itself, not necessarily by the rules of civil procedure for the state or federal levels.

State rules of civil procedure.

Correct

Incorrect!

Federal regulations.

Correct

Incorrect!

Question 4

An attorney for the moving party must sign all motions. If frivolous, the signing attorney could be subject to sanctions.

True

Correct Rule 11 dictates that the attorney must sign all motions, thus guaranteeing that, to the best of the attorney's belief, they are not frivolous. Thus, if that guarantee turns out the be false, the attorney can be subject to sanctions.

Incorrect! Rule 11 dictates that the attorney must sign all motions, thus guaranteeing that, to the best of the attorney's belief, they are not frivolous. Thus, if that guarantee turns out the be false, the attorney can be subject to sanctions.

False

Correct

Incorrect!

Question 5

Defendant moves to dismiss Plaintiff's complaint for failure to state a cause of action upon which relief can be granted. Included in the papers filed with the court is the motion signed by Defendant's attorney and the supporting memorandum of law. Plaintiff opposes motion to dismiss and argues that motion must be denied. What is the most persuasive reason for denial of the motion to dismiss?

Defendant's memorandum of law is not long enough.

Correct

Incorrect!

Defendant's attorney's signature is not legible.

Correct

Incorrect!

Defendant's attorney did not include a certification of service.

Correct All motions must be accompanied by a certification of service, which certifies that the moving party's attorney properly served all other parties with the motion and accompanying documents. Failure to include this can result in denial of the motion.

Incorrect! All motions must be accompanied by a certification of service, which certifies that the moving party's attorney properly served all other parties with the motion and accompanying documents. Failure to include this can result in denial of the motion.

Defendant, herself, did not sign the motion papers.

Correct

Incorrect!

Question 6

Which is the proper motion to contest the sufficiency of service of process?

Motion for summary judgment.

Correct

Incorrect!

Motion to dismiss.

Correct A motion to dismiss is the proper motion to contest the sufficiency of service process. Motions for judgment are generally based on the merits of the case, while a motion for a more definite statement asks the plaintiff to clarify the cause of action set forth in the complaint.

Incorrect! A motion to dismiss is the proper motion to contest the sufficiency of service process. Motions for judgment are generally based on the merits of the case, while a motion for a more definite statement asks the plaintiff to clarify the cause of action set forth in the complaint.

Motion for judgment on the pleadings.

Correct

Incorrect!

Motion for a more definite statement.

Correct

Incorrect!

Question 7

Plaintiff files a complaint against Defendant in Texarkana state court. One of Texarkana's rules of civil procedure requires that any objection to the court's jurisdiction over the person must be raised within 60 days of being served with the summons and complaint. Defendant is served with the summons and complaint on January 1st. On April 15, Defendant files a motion to dismiss the complaint based on lack of personal jurisdiction. How will the court rule on the motion?

Deny, because the motion was not timely filed; therefore, Defendant has waived his objection.

Correct Lack of personal jurisdiction is waivable. Because Defendant did not timely file the motion, he has waived his objection. Therefore, the motion must be denied.

Incorrect! Lack of personal jurisdiction is waivable. Because Defendant did not timely file the motion, he has waived his objection. Therefore, the motion must be denied.

Deny, because Defendant should have filed a motion for summary judgment.

Correct

Incorrect!

Grant, because even though motion was untimely, Defendant can never waive personal jurisdiction.

Correct

Incorrect!

Grant, because the motion was properly filed.

Correct

Incorrect!

Question 8

Plaintiff files a complaint against Defendant in Texarkana state court. One of Texarkana's rules of civil procedure requires that any objection to the court's jurisdiction over the person must be raised within 60 days of being served with the summons and complaint. Defendant is served with the summons and complaint on January 1st. On April 15, Defendant files a motion to dismiss the complaint based on lack of subject matter jurisdiction. If the court is persuaded by the defendant's argument, how will the court rule on the motion?

Grant, because subject matter jurisdiction cannot be waived.

Correct Unlike personal jurisdiction, subject matter jurisdiction cannot be waived. Even though Defendant did not file the motion within the time limits set for lack of personal jurisdiction, the motion to dismiss for lack of subject matter jurisdiction is viable.

Incorrect! Unlike personal jurisdiction, subject matter jurisdiction cannot be waived. Even though Defendant did not file the motion within the time limits set for lack of personal jurisdiction, the motion to dismiss for lack of subject matter jurisdiction is viable.

Deny, because Defendant did not file the motion on time.

Correct

Incorrect!

Deny, because Defendant waived the court's lack of subject matter jurisdiction.

Correct

Incorrect!

Grant, because all objections to subject matter jurisdiction must be granted.

Correct

Incorrect!

Question 9

Plaintiff files a lawsuit in federal court against Defendant regarding a tree limb falling on Plaintiff's house. The tree limb came from a tree on Defendant's property. Plaintiff alleges that Defendant knew the tree limb was in danger of falling and Plaintiff had asked Defendant for permission to enter his property and remove the tree limb from said tree. Plaintiff has also alleged that Defendant mistreats his family pet, a Golden Retriever named Sally. Defendant moves to strike the allegation concerning his treatment of Sally. How is a court likely to rule?

Deny, because the proper motion to contest such an allegation is a motion to dismiss.

Correct

Incorrect!

Deny, because the proper motion to contest such an allegation is a motion for judgment on the pleadings.

Correct

Incorrect!

Grant, because the allegations do not concern how the tree fell.

Correct

Incorrect!

Grant, because the allegations are immaterial, impertinent and scandalous.

Correct Defendant's treatment of Sally is immaterial to the case, and the allegations of improper treatment are impertinent and scandalous. Therefore, the motion to strike is the proper vehicle through which to contest the allegations, and the motion should be granted.

Incorrect! Defendant's treatment of Sally is immaterial to the case, and the allegations of improper treatment are impertinent and scandalous. Therefore, the motion to strike is the proper vehicle through which to contest the allegations, and the motion should be granted.

Question 10

When there are no genuine issues of material fact and the defendant is not liable as a matter of law, what type of motion should the defendant file?

Motion to strike.

Correct

Incorrect!

Motion for summary judgment.

Correct A motion for summary judgment is appropriate when a party believes that there is no need for the case to go to the jury, because there are no genuine issues (issues that affect the outcome of the case) that are in dispute. Therefore, the whole case is a matter of law and the judge should decide the case.

Incorrect! A motion for summary judgment is appropriate when a party believes that there is no need for the case to go to the jury, because there are no genuine issues (issues that affect the outcome of the case) that are in dispute. Therefore, the whole case is a matter of law and the judge should decide the case.

Motion to dismiss.

Correct

Incorrect!

Motion to compel discovery

Correct

Incorrect!

Follow Us

Become a LawShelf affiliate
and earn commissions!

Terms of Service

©2023 National Paralegal College