Getting Off Easy

May Goliath, after being notified of the denial of his motion:

a. answer the complaint, responding on the merits to its allegations?

b. move to dismiss for lack of personal jurisdiction?

c. answer, including the defense of lack of personal jurisdiction in the answer?

d. move to dismiss for failure to state a claim upon which relief can be granted?

e. answer, including the defense that the complaint fails to state a claim upon which relief can be granted in the answer?

f. move for a more definite statement under Rule 12(e)?

g. move to dismiss for lack of subject matter jurisdiction?

3. After the court denies his motion to dismiss for insufficient service of process, Goliath answers the complaint. May he include in his answer:

a. a defense of improper venue?

b. an objection that the court lacks subject matter jurisdiction over the action?

c. a defense that David has given him a signed release from liability on all claims arising out of the alleged assault?

4. Suppose that Goliath decides to answer David’s complaint instead of filing a Rule 12(b) motion to dismiss or any other pre-answer motion. May he include in his answer:

a. a defense of insufficient service of process?

b. a defense that the complaint fails to state a claim upon which relief can be granted?

c. a motion for a more definite statement under Rule 12(e)?

d. a defense that the court lacks subject matter jurisdiction over the action?

5. Assume that Goliath’s first response to the complaint is to move for a more definite statement under Rule 12(e). The judge grants the motion and orders David to file a clearer complaint within ten days. David complies. After Goliath receives the more definite statement, may he:

a. move to dismiss for insufficient service of process?

b. move to dismiss for failure to state a claim upon which relief can be granted?

c. answer, raising the defense of insufficient service of process?

d. answer, raising the defense of failure to state a claim upon which relief can be granted?

6. If Goliath responds to the complaint by moving to dismiss for insufficient service of process, may he move at the same time to dismiss for improper venue and lack of personal jurisdiction?

7. What is the difference between the defense of insufficient service of process (Rule 12(b)(5)) and insufficient process (Rule 12(b)(4))?