Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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1.
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Which of the following is false?
a. | Answers to cross-complaints typically contain one or more
affirmative defenses. | b. | The prayer in an answer may
request that the plaintiff be ordered to pay the defendant’s medical
bills. | c. | The defendant has the burden of proving any affirmative defenses
contained in the defendant's answer. | d. | A cross-complaint against a
new party may be served any time before the court sets a trial date. | e. | None of the above |
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2.
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Which of the following is false?
a. | If an allegation is denied in an answer, the allegation is
“at-issue” in the case. | b. | An allegation may be denied
in part and admitted in part. | c. | In a personal injury
action, a defendant may bring a cross-complaint against the plaintiff based on breach of
contract. | d. | None of the above. |
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3.
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When serving a cross-complaint against a new party, which of
the following is false:
a. | A copy of the most recently amended complaint must always be
served. | b. | A summons on cross-complaint must always be
served. | c. | The cross-complaint may be served by notice and acknowledgment of
receipt. | d. | The cross-complainant has 60 days from filing the complaint to
file the proof of service of summons with the court. | e. | None of the above. |
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4.
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A verified complaint seeking $30,000 in damages may be
responded to by filing:
a. | An unverified answer. | b. | A verified answer. | c. | A general
denial. | d. | A cross-complaint. | e. | All of the above. |
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5.
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Which of the following would be a proper basis for an
affirmative defense in California state court?
a. | The statute of limitations has
expired. | b. | The plaintiff does not have standing. | c. | The plaintiff assumed the risk of harm. | d. | The defendant acted in self-defense. | e. | All of the above |
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6.
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Which of the following is the best course of action for a
named defendant who disputes personal jurisdiction?
a. | They should file an answer asserting lack of jurisdiction as an
affirmative defense. | b. | They should file a motion
to strike the complaint on the ground that the court has no jurisdiction over
them. | c. | They should file an emergency motion for permission to make a
special appearance to dispute personal jurisdiction. | d. | They should file a motion to quash service of
summons. |
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7.
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Which of the following is false?
a. | If a complaint contains irrelevant, redundant or scandalous
matter, the defendant should file a motion to strike. | b. | Special demurrers based on uncertainty are allowed in all civil cases in California
even though they are disfavored. | c. | If a demurrer is made to
only one of five causes of action in a complaint, the defendant need not answer any part of
the complaint until the demurrer is ruled upon. | d. | A California superior court may take judicial notice of the date of the United
States’ first landing on the moon. |
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8.
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Which of the following requires an attempt to meet and
confer prior to filing:
a. | Motion to strike. | b. | Demurrer. | c. | General
denial. | d. | Cross-complaint. | e. | All of the above. |
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9.
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Which of the following deadlines are triggered by
the service of a Complaint?
a. | Last day to file a declaration of inability to meet and
confer re motion to strike. | b. | Last day to file a
declaration of inability to meet and confer re demurrer. | c. | Last day to respond to the Complaint. | d. | All of the above. |
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