CH 5 The Complaint

To find information about court files in a federal court, a party should access the electronic system known as ________.

PACER

Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, for whom Delaney works. Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries. Piazza would probably sue for a type of damage known as compensatory damages.

true

A court order requiring that a party takes some action or refrain from certain conduct, issued by a court without a formal hearing at the beginning of a lawsuit, is known as ________. a. a temporary restraining order b. a preliminary injunction c. a permanent injunction d. declaratory relief

a

Jaworsky, the driver of a vehicle, and Bigelow, a passenger in that car, were both injured in an automobile accident caused by the negligence of Thornton, the operator of another vehicle. Jaworsky and Bigelow are both allowed to sue Thornton in the same complaint because of the law regarding ________. a. permissive joinder b. compulsory joinder c. class actions d. indispensable parties

a

The part of a complaint or petition that identifies the parties to the lawsuit is known as the ________. a. caption b. allegations c. prayer d. subscription

a

The purpose of a summons is _____. a. to notify the defendant that a suit has been filed and advise as to the time limit for response b. to list the witnesses who can document the facts in a case and provide them with details regarding the lawsuit c. to set up the scheduling for depositions and create a system to notify the lawyers who need to appear for the depositions d. to ask the court to postpone the trial in a case and then set a new date for the case to be tried

a

Under the federal rules, a waiver of formal service of process _____. a. is encouraged b. dispenses with the requirement that the defendant be given any notice of the lawsuit c. is never allowed d. is only allowed if the plaintiff is the U.S. government

a

Which of the following is not included in a complaint? a. An answer b. A prayer for relief c. The allegations d. A caption

a

The real parties in interest for a partnership are ________.

the partners

A complaint usually contains allegations showing that the court in which the action is filed has both jurisdiction and venue.

true

A person who is incompetent lacks the legal right to sue.

true

After a defendant is served with a complaint and summons, proof of service should be filed with the court.

true

Courts generally take a liberal attitude in determining the legal sufficiency of pleadings.

true

In a legal document, the prayer for relief explains the remedy or relief the plaintiff is requesting.

true

In state courts, jurisdiction is determined by state law.

true

Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, for whom Delaney works. Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries. If Exquisite Homes is sued, it should be identified in the complaint as "DGA, Inc., a corporation doing business as Exquisite Homes."

true

All documents filed with a court are called pleadings.

false

In a notice-pleading jurisdiction, each element of the cause of action must be supported by factual allegations.

false

Most jurisdictions view the rules of pleading very strictly.

false

All complaints contain ________, which are statements describing the contentions and defenses of the parties to the lawsuit.

allegations

A five-year-old child cannot maintain a lawsuit in his own name because ________. a. the child is not a real party in interest b. a child lacks capacity to sue c. a child does not have status to sue d. of all of the above

b

Permissive joinder allows _____. a. several law firms to associate in one case b. one lawsuit to have multiple plaintiffs or multiple defendants if their claims arise out of the same occurrence and they have some common questions of law or fact c. parties to file a lawsuit under their real names or under fictitious business names d. a court to require that parties be joined in a lawsuit

b

An express statement under penalty of perjury that the contents of a document are true is known as a/an... a. allegation b. contention c. verification d. subscription

c

Andrews and Bates have a written contract in which Bates promised to sell Andrews a piece of real estate. Bates refused to complete the transaction. Andrews sued Bates for specific performance, asking the court to order Bates to complete the sale. This action is for . a. compensatory damages b. punitive damages c. equitable relief d. declarative relief

c

Before filing a complaint electronically in federal court, which of the following is not required? a. the filing attorney must register with PACER and CM/ECF and obtain a special log-on password b. the complaint must be prepared in a PDF format c. the filing attorney must have the written consent of the defendant d. payment of filing fees must be arranged

c

Service of a complaint and summons on a corporation is accomplished by ________. a. serving any director of the corporation b. serving any employee of the corporation c. serving the agent for service of process d. both a and c

c

Technical rules regarding form and content of pleadings are often found in... a. case law b. form books c. local rules of court d. state constitutions

c

The complaint in a lawsuit must contain an allegation to show that the lawsuit is being filed in the proper court, which involves questions of _____. a. jurisdiction only b. venue, jurisdiction, and declaratory relief c. venue and jurisdiction d. venue only

c

The major purpose for piercing the corporate veil is _____. a. to assess greater damages against a corporation b. to change the venue of a trial involving a corporation c. to hold individuals within a corporation personally liable d. to add additional corporations to a lawsuit

c

Before a class action lawsuit can proceed, a judge must ________ the class.

certify

When a plaintiff has multiple claims against a defendant, the resulting lawsuit may contain numerous causes of action or ________.

counts

A complaint in a lawsuit should _____. a. identify the plaintiffs and defendants in the lawsuit b. contain a statement showing jurisdiction and venue c. describe the factual basis for the lawsuit d. All of these choices.

d

A plaintiff is usually allowed to amend a complaint ____. a. at any time by simply filing an amended complaint b. only as long as the defendant has not filed an answer c. only if the plaintiff has obtained a prior court order d. if all other parties have stipulated in writing that the complaint can be amended

d

Amending a complaint is _____. a. only allowed prior to the filing of a responsive pleading b. always allowed as a matter of right c. done only to correct typing errors with the original complaint d. None of these choices.

d

The document(s) served on a defendant upon the initiation of a lawsuit include _____. a. the complaint and answer b. only the complaint c. only the answer d. the complaint and summons

d

The format and content of pleadings are largely controlled by _____. a. compensatory damages or equitable relief b. docket numbers or subscription c. rescission or specific performance d. appropriate statutory law or rules of court

d

When a complaint is filed, the court assigns a(n) ________ number.

docket

A class action lawsuit has one plaintiff and many defendants.

false

A complaint and summons in a federal action can usually be served by the plaintiff, a licensed process server, or by the U.S. Marshal.

false

A complaint must expressly set forth the factual and legal basis for the lawsuit.

false

A summons is a court order directing a defendant to appear personally in court.

false

All complaints contain a verification.

false

All complaints filed in federal court must expressly state a cause of action.

false

All complaints must be personally served on the defendant.

false

All documents filed in court are known as pleadings.

false

Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, for whom Delaney works. Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries. Delaney should not be named as a defendant in this lawsuit because he is a director and officer of the corporation.

false

Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, for whom Delaney works. Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries. Piazza's pain and suffering are items of special damages.

false

The PACER system is used to file pleadings electronically in state courts.

false

The first part of any complaint is the body of the complaint.

false

The real parties in interest for a corporate plaintiff are the directors of the corporation.

false

The residence of the defendant is the only proper venue.

false

When filing a complaint, the court always requires a filing fee, which must be paid before the court will accept the document.

false

The phrase "doing business as" refers to a business that uses a(n) ________.

fictitious name

Minors and incompetents must have a(n) ________ appointed in order to pursue a lawsuit.

guardian ad litem

The attorney's signature at the end of a complaint is called a(n) ________.

subscription

The document issued by the court clerk at the time of filing a complaint is known as a(n) ________.

summons

Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquisite Homes, for whom Delaney works. Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries. Piazza's medical bills are an item of special damages.

true

Punitive damages are also referred to as exemplary damages.

true

Quiet title action is one type of equitable relief often ordered by courts of equitable jurisdiction.

true

When parties in a lawsuit are required to be joined, they are sometimes referred to as indispensable parties.

true