Civil Procedure – Assessmentback
Topic Multiple Choice Quizzes
Topic Quizzes and Assessments
0 of 2 questions completed
You have already completed the quiz before. Hence you can not start it again.
Quiz is loading…
You must sign in or sign up to start the quiz.
You have to pass the previous Module’s quiz in order to start this quiz:
Want more topic review and exam prep essay and multiple choice questions and study assets? Sign In
A homeowner hired a termite company to treat an older house to protect it from termite infestation. The termite company determined that it had to remove dirt from around part of the foundation in order to treat the house properly, and hired a subcontractor to remove the dirt with a backhoe. While removing the dirt, the subcontractor damaged the foundation of the house. The homeowner filed an action against the termite company in federal district court. The case went to trial, the termite company was found liable, and it paid the plaintiff $90,000 in damages. Because it was the subcontractor who actually damaged the house, the termite company now wants to sue the subcontractor to recover the money it had to pay the homeowner.
May the termite company maintain its claim against the subcontractor in an independent action?CorrectIncorrect
A homeowner sued a contractor in federal court for damages resulting from an unsuccessful roof repair. The court dismissed the case for lack of personal jurisdiction over the contractor. The homeowner then filed her complaint in a federal court that could properly assert jurisdiction over the contractor. In his answer the contractor asserts the affirmative defense of claim preclusion.
Should the court dismiss the case?CorrectIncorrect