Civil Procedure I (Alabama / Federal)

Front 1

Which of the following is NOT an acceptable method of service: (a) Publication (b) Process server (c) Sheriff (d) UPS

Back 1

(d) UPS

Front 2

The best method of service outside the country would be through (a) US Marshall (b) Hague Convention (c) Mail (d) Publication

Back 2

(b) Hague Convention

Front 3

Which is NOT the best person or place to serve: (a) their designated agent (b) at their house or usual place of abode (c) service in person (d) their secretary

Back 3

(d) their secretary

Front 4

Which of the following is NOT correct: (a) you must serve a prisoner personally in prison (b) if someone is over 12 years old you must serve them and their legal guardians (c) for service on a corporation you must serve a partner or someone with authority to receive (d) when serving a state or county government, you must serve the governor

Back 4

(d) when serving a state or county government, you must serve the governor

Front 5

List the three things needed for a valid judgment.

Back 5

(1) subject-matter jurisdiction; (2) personal jurisdiction; and (3) compliance with due-process

Front 6

T/F: The circuit court has exclusive jurisdiction over any matter that exceeds $4,500.00 exclusive of interest and cost.

Back 6

FALSE

Front 7

T/F: The district court has concurrent original jurisdiction on all matters over 3 thousand and up to 10 thousand dollars exclusive of interest and cost

Back 7

TRUE

Front 8

T/F: The state has personal jurisdiction over non state residents in cases where there conduct gives rise to the action (specific jurisdiction)

Back 8

TRUE

Front 9

T/F: They also have personal jurisdiction when they have sufficient minimum contacts with the state of AL. such that it does not offend the (traditional notions of fair play and substantial justice to require the defendant to come to Alabama to defend that case)

Back 9

TRUE

Front 10

How many times may you transfer venue? (a) 3 (b) 2 (c) 5 (d) 1

Back 10

(d) 1

Front 11

Which of the following is incorrect with regards to setting venue?: (a) County where defendant resides (b) Where the act of complained occurred (c) Where the real-estate is located (d) Where a non resident defendant is found (e) Where the defendant asks the judge for venue

Back 11

(e) Where the defendant asks the judge for venue

Front 12

If venue is unreasonable or not covenient you may make a request known as what?

Back 12

forum non conveniens

Front 13

Someone that causes someone else to come to court is known as what?

Back 13

a plaintiff

Front 14

Someone that is made to come to court is known as what?

Back 14

a defendant

Front 15

The following are all acceptable pleadings except: (a) Claim (b) Cross-claim (c) 3rd party plaintiff (d) Reply to answer (e) 3rd party exclusive claim

Back 15

(e) 3rd party exclusive claim

Front 16

List 10 pleadings.

Back 16

(1) complaint; (2) answer; (3) counterclaim; (4) reply to a counterclaim; (5) cross-claim; (6) answer to a cross-claim; (7) third-party complaint; (8) third-party answer; (9) reply to an answer; (10) reply to a third-party answer

Front 17

Which rule allows for fictitious parties in AL?

Back 17

9(h)

Front 18

Rule 18 says you can raise as many of these as you like.

Back 18

claims

Front 19

A counter-claim that must be brought up or it is waived is considered what?

Back 19

compulsory

Front 20

A counter-claim that does not arise out of the same transaction or occurrence but you want to bring it up is called what?

Back 20

permissive

Front 21

A claim that becomes too disorganized or confusing with too many unrelated issues is deemed to be what?

Back 21

multifarious

Front 22

A person who is necessary for a legal action and is the proper person to bring an action is said to have what?

Back 22

standing

Front 23

If you sue someone in AL. under the age of 19 they must have what?

Back 23

a guardian ad litem

Front 24

What is an application for a court order called?

Back 24

a motion

Front 25

What are the two requirements for a claim for relief?

Back 25

(1) a short plain statement of the claim showing that the pleader is entitled to relief; and (2) a demand for judgment

Front 26

What is required for a pleading in federal court that is not required in a pleading in an Alabama state court?

Back 26

A jurisdictional statement

Front 27

The following is not a certification implied under rule 11: (a) The document has actually been read (b) There are grounds to support the document (c) The document is not being presented for any improper reason like delay (d) The document complies with all rule 4 standards

Back 27

(d) The document complies with all rule 4 standards

Front 28

12(b) motions are motions to what?

Back 28

dismiss

Front 29

List the 12(b) motions (federal).

Back 29

(1) Lack of subject matter jurisdiction (2) Lack of personal jurisdiction (3) Improper venue (4) Insufficient process (5) Insufficient service of process (6) Failure to state a claim upon which relief can be granted (7) Failure to join a party under rule 19

Front 30

List the 12(b) motions (Alabama).

Back 30

(1) Lack of jurisdiction over the subject matter (2) Lack of jurisdiction over the person (3) Improper venue (4) Insufficiency of process (5) Insufficiency of service of process (6) Failure to state a claim upon which relief can be granted (7) Failure to join a party under rule 19

Front 31

Which of the following cannot be waived: (a) Personal jurisdiction (b) Venue (c) Subject matter jurisdiction (d) Service of process

Back 31

(c) Subject matter jurisdiction

Front 32

How many days do you have to serve an answer for unlawful detainer: (a) 10 (b) 14 (c) 30 (d) 7

Back 32

(d) 7

Front 33

If you do not get enough details in the complaint, what motion can you file?

Back 33

a motion for a more definitive statement

Front 34

The following all apply to a notice of removal except for: (a) Not a motion so a judge does not have to sign it (b) Must include a statement of why federal court has jurisdiction (c) Must be signed by all plaintiffs (d) Must be signed by all defendants that have been served

Back 34

(a) Not a motion so a judge does not have to sign it

Front 35

Under the mailbox rule, whan may you add 3 days? (a) when serving a complaint (b) when answering a complaint

Back 35

(b) when answering a complaint

Front 36

The person with the money comes to court and deposits that money with the court and leaves it to the court to dispense the money. They are then relieved of the litigation. This helps to relieve the burden of fighting the case and accumulating attorney fees (a) pure interpleader (b) action in the nature of an interpleader (c) joinder (d) total interpleader

Back 36

(a) pure interpleader

Front 37

You deposit the money and then you tell the court the limits of your liability. You state that you do not think the claims that will come in will equal the amount you have given the court and so you get the remainder of the money after all defendants have staked their claim to their portion of the money. (a) Action in the nature of an interpleader (b) Total interpleader (c) Pure interpleader (d) Absent interpleader

Back 37

(a) Action in the nature of an interpleader

Front 38

You can bring an action on behalf of a corporation if you are a shareholder and they are not doing their job. This is an example of: (a) Intervention (b) Derivative action (c) Permissive intervention (d) Class action

Back 38

(b) Derivative action

Front 39

A case that is not yours or your business but you want to get involved is an example of what?

Back 39

intervention

Front 40

List the two types of intervention.

Back 40

Intervention as of right and permissive intervention

Front 41

Which of the following is not a damage awarded for a civil lawsuit: (a) Money (b) Declaratory judgment (c) Injunctive (d) Prison

Back 41

(d) Prison

Front 42

What are the three types of injunctions?

Back 42

(1) a temporary restraining order (TRO); (2) a preliminary injunction; and (3) a final injunction

Front 43

Affirmative and permissive are two types of: (a) Injunctions (b) Motions (c) Pleadings (d) Cross-claims

Back 43

(a) injunctions

Front 44

How long is a TRO good for? (a) 7 days (b) 10 days (c) 42 days (d) 30 days

Back 44

(b) 10 days

Front 45

Two motions used to defend against an injunction

Back 45

(1) motion to modify; and (2) motion to dissolve

Front 46

How many days do you have to give notice if you file a TRO: (a) 4 days (b) 3 days (c) 5 days (d) 7 days

Back 46

(c) 5 days

Front 47

The two requirements for a class action are to (choose two): (a) See whether or not you have a class (b) See whether or not you have personal jurisdiction (c) See whether you have a class action to maintain it (d) See whether you have proper venue

Back 47

(a) See whether or not you have a class; and (c) See whether you have a class action to maintain it

Front 48

The following does NOT apply when determining if you have a class: (a) Numerosity requirement (b) Commonality requirement (c) Typicality requirement (d) Subjective requirement (e) Adequacy

Back 48

(d) Subjective requirement

Front 49

What is one method used by attorneys to calculate their fees in a class action suit?

Back 49

Lodestar method

Front 50

For diversity jurisdiction in federal court the amount in controversy must exceed: (a) 5 million dollars (b) 30 thousand dollars (c) 75 thousand dollars (d) 1 million dollars

Back 50

(a) 5 million dollars

Front 51

Someone appointed to ensure that there is enough money in order to handle a class action is called what?

Back 51

class council

Front 52

Declaratory judgments declare (1) ____ , (2)____and (3) ____.

Back 52

(1) rights; (2) status; and (3) other legal relations

Front 53

Ala.R.Civ.P. 15 allows for what type of parties, whom you must describe, and against whom you must state a claim in the body of your complaint?

Back 53

fictitious parties

Front 54

You may amend a pleading without leave from the court up to how many days before the first setting of the case for trial? (a) 14 (b) 20 (c) 90 (d) 42

Back 54

(d) 42

Front 55

Name the two kinds of amendments you can file to a pleading.

Back 55

(1) substitution; and (2) supplement

Front 56

Which of the following abates a case? (a) Marriage (b) Adoption (c) Death (d) Paternity

Back 56

(c) Death

Front 57

T/F: If a plaintiff in a tort case gets to the court house and files before they die then the case is still good.

Back 57

TRUE

Front 58

T/F: A suggestion of death motion starts the clock running for the plaintiff's attorney giving him 60 days (in an Alabama state court) to find a new plaintiff to replace the decedent.

Back 58

TRUE

Front 59

T/F: A suggestion of death motion starts the clock running for the plaintiffs attorney giving him 60 days (in federal court) to find a new plaintiff to fill the dead plaintiff’s spot

Back 59

FALSE

Front 60

T/F: A suggestion of death motion starts the clock running for the plaintiffs attorney giving him 90 days (in federal court) to find a new plaintiff to fill the dead plaintiff’s spot

Back 60

TRUE

Front 61

If you sue a public official and they leave office what happens? (a) The case gets dismissed (b) The case transfers to the next person to take that position (c) The case gets transferred to the next highest official (d) You win the case by default

Back 61

(b) The case transfers to the next person to take that position

Front 62

Which is NOT a way to get a case dismissed? (a) Dismiss by yourself (b) Dismiss by agreement with other party (c) Court order dismissing it (d) Asking pretty please

Back 62

(d) Asking pretty please

Front 63

T/F: If an answer and counter claim have been filed then you can dismiss your pleading and the counter-claim.

Back 63

FALSE

Front 64

Another way for a case to get dismissed is for both sides to agree on everything and sign what?

Back 64

Stipulation of Dismissal

Front 65

This phrase means that if a case is dismissed you can file the same claim again.

Back 65

“without prejudice”

Front 66

This phrase means that the same claim cannot be filed again

Back 66

“with prejudice”

Front 67

Rule 77(a) states that courts are always what?

Back 67

open

Front 68

How many days do you have to appeal from Circuit Court? (a) 30 (b) 14 (c) 7 (d) 42

Back 68

(d) 42

Front 69

How many days do you have to appeal from District Court? (a) 90 (b) 14 (c) 30 (d) 7

Back 69

(b) 14

Front 70

If the clerk’s office has not sent notice of the order you can file a motion for an extension of time and you can get an additional (a) 20 days (b) 15 days (c) 5 days (d) 30 days

Back 70

(d) 30 days

Front 71

In addition to filing a motion for time extension it is also good to go ahead and file your notice of: (a) A more definitive statement (b) Appeal (c) Dismissal (d) Lack of personal jurisdiction

Back 71

(b) Appeal

Front 72

Which rule is the rule dealing with stenographic transcripts stating that the court is supposed to record everything done in court?

Back 72

Rule 80

Front 73

A temporary judge that can take testimony and hear evidence would be considered a: (a) Servant (b) Fill-in judge (c) Master (d) Temp

Back 73

(c) Master

Front 74

T/F: A master must be a lawyer

Back 74

FALSE

Front 75

T/F: A breach of contract survives if a person dies.

Back 75

TRUE

Front 76

By what act of law are changes to the rules of civil procedure proposed?

Back 76

The Rules Enabling Act

Front 77

An action commences when you what?

Back 77

file a complaint

Front 78

T/F: If you have a 3 judge panel and they render a decision your appeal goes straight to the Supreme Court.

Back 78

TRUE

Front 79

Appeals are a matter of what?

Back 79

Right

Front 80

How many days do you have to apply for writ of certiorari to Supreme Court (federal)? (a) 14 (b) 30 (c) 42 (d) 90

Back 80

(d) 90

Front 81

How many days do you have to file for certiorari from a 3 judge panel to go to the Supreme Court (federal)? (a) 30 (b) 42 (c) 90 (d) 14

Back 81

(a) 30

Front 82

T/F: The Supreme Court has to hear appeals from 3 judge panels from district court

Back 82

TRUE

Front 83

T/F: Pure diversity means you cannot have a single plaintiff in the same state as any defendant.

Back 83

TRUE

Front 84

The following are all examples of what? Burford, Pullman, Younger, Rooker-Feldman, and Colorado River

Back 84

abstention doctrines

Front 85

Which court has exclusive jurisdiction if it does not exceed $3,000 (exclusive of interest and cost)?

Back 85

district court

Front 86

Which court has exclusive original jurisdiction if the amount in controversy (exclusive of interest and costs) exceeds $10,000 and the plaintiff seeks equitable relief (such as establishing boundaries, title to property, gambling consideration, and other cases which there is not an adequate remedy)?

Back 86

Circuit court

Front 87

Appeal time in days from District Court to Circuit Court.

Back 87

14 days

Front 88

Appeal time in days Circuit Court to Court of Appeals.

Back 88

42 days

Front 89

Appeal time in days for unlawful detainer.

Back 89

7 days

Front 90

The number of days allowed to file a writ of certiorari to the Alabama Supreme Court.

Back 90

14 days

Front 91

T/F: The Court of Civil Appeals has exclusive appellate jurisdiction if the amount in controversy (exclusive of interest and costs) does not exceed $50,000.

Back 91

TRUE

Front 92

What concept, related to jurisdiction, but distinctly less important than jurisdiction, states that you must look at the residence of defendant, and where the act or injury occurred. For a corporation it is their place of incorporation or their primary place of business.

Back 92

Venue

Front 93

T/F: Jury trials are allowed in district court

Back 93

FALSE

Front 94

Which is NOT a level of proof? (a) Absolute certainty (b) Preponderance (c) Clear and convincing (d) Beyond a reasonable doubt

Back 94

(a) Absolute certainty

Front 95

Name the two types of interpleader.

Back 95

(1) pure interpleader; and (2) action in the nature of interpleader

Front 96

Having a statute saying you have a right to be involved. Or having your rights are so intertwined that unless your able to participate it will not be able to be adjudicated right is an example of what?

Back 96

intervention as of right

Front 97

T/F: Permissive intervention states that you may have a right to intervene and that your participation may help but will not be detrimental to the case if you don’t.

Back 97

TRUE

Front 98

What is the name of the days set aside for judges to hear all motions

Back 98

Motion Days

Front 99

In which state court can you file an action involving $12,500 exclusive of interest and cost? (a) District Court (b) Circuit Court (c) Both District/Circuit (d) Supreme Court

Back 99

(b) Circuit Court

Front 100

In which state court may you file a civil action involving a boundary line dispute? (a) Circuit Court (b) District Court (c) Probate Court (d) Either circuit or district

Back 100

(a) Circuit Court

Front 101

To which court may you appeal a judgment of $2,300 exclusive of interest and cost (a) District Court (b) Supreme Court (c) Court of Appeals (d) Circuit Court

Back 101

(d) Circuit Court

Front 102

An appeal from district court is granted: (a) Anew (b) De novo (c) Without change (d) With prejudice

Back 102

(b) De novo

Front 103

Which is the proper court to appeal a judgment after trial on a domestic relations case? (a) Court of Criminal Appeals (b) Supreme Court (c) District Court (d) Circuit Court

Back 103

(d) Circuit Court

Front 104

Which is the lowest court that is proper for an appeal of a $65,000 judgment after trial? (a) Court of Civil Appeals (b) Court of Criminal Appeals (c) Alabama Supreme Court (d) United States Supreme Court (e) District Court

Back 104

(a) Court of Civil Appeals

Front 105

How many circuits are there in Alabama?

Back 105

41

Front 106

T/F: You can appeal an Alabama Supreme Court Decision based on State Law to the US Supreme Court.

Back 106

FALSE