Civil Procedure Keyed to Coundback
0 of 4 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:
you have successfully completed the quiz.
Injured citizens of Indonesia sued an oil company in federal district court, asserting claims that it violated tort law in its effort to secure its pipelines when it employed a security force comprised of members of the Indonesian military who allegedly inflicted serious injuries on villagers. Defendant Oil Company moved to dismiss on the ground that the “political question doctrine” rendered the case non-justiciable and required dismissal of the case. The federal court denied the motion to dismiss, indicating that its ruling on this issue was final. Defendant promptly filed an appeal; it argued that the federal appellate court had jurisdiction under the collateral order doctrine.
Does the appellate court have jurisdiction over this appeal under the collateral order doctrine; if not, why not?CorrectIncorrect
When the jury came back from its deliberations with a verdict for the defendant whom plaintiff had sued in federal court, plaintiff timely moved for a new trial. The district court granted that motion. Defendant timely filed an appeal from the grant of the new trial motion. Plaintiff moved to dismiss the appeal.
How should the appellate court in which the appeal was filed rule on the motion to dismiss the appeal?CorrectIncorrect
A credit card company filed a civil action against a consumer in federal district court seeking to recover the unpaid balance on the consumer’s account. The credit card company properly served process on the consumer, but the consumer failed to file or serve a timely answer to the complaint. The clerk of court on motion of the credit card company made an entry of default, but default judgment has not been entered.
On which grounds may the court set aside the entry of default?CorrectIncorrect
An office furniture supplier filed a breach of contract action against a law firm in federal district court to recover the balance due on an account for furniture it supplied. The law firm filed a motion to dismiss the action on the ground that service of process was improper. Following a hearing, the court held that service was proper and sufficient. Two more months passed without the law firm filing an answer. The supplier then filed a motion to have the clerk of court make an entry of default, and the clerk did so.
What procedure must the supplier follow to obtain a default judgment against the law firm?CorrectIncorrect