Lstd 207 Final Exam Answers

LSTD 207 Final Exam Answers
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LSTD 207 Final Exam
Part 1 of 1 – 100.0 Points

Question 1 of 30 2.5 Points
A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered.




True
False




Feedback: See pages 118, 120-121.   A defendant must raise objections to venue, personal jurisdiction, and form and method of service of process in their first response to the complaint (pre-answer or answer) or the issue is waived and may not be reconsidered at a later time.


Question 2 of 30 2.5 Points
A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially.




True
False




Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court.


Question 3 of 30 2.5 Points
Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously?


A.Yes
B.No



Feedback: A motion to dismiss is asserted prior to the answer (as an alternative to an answer) or in the answer to the complaint. A motion for summary judgment is made after the filing of the complaint and answer.


Question 4 of 30 2.5 Points
John Doe (Arizona) sues Jane Smith (California) and Joe Johnson (California) in federal district court in California.


A.The court does not have jurisdiction as the defendants are both from California and not diverse.
B.The court does not have jurisdiction because it was filed in California.
C.The court has jurisdiction as long as the plaintiff is diverse from the defendants.
D.Both A and B are correct.




Feedback: See page 14. The Strawbridge rule requires only that the plaintiff and defendant be diverse-...