civ pro final II

Question 1

Notice and Service of Process Rationale

Answer 1

to protect state sovereignty and to assure that the defendant had actual notice of the lawsuit

Question 2

Commencing a civil action

Answer 2

Majority: only filing = commencement

Minority: filing + service = commencement – the statute of limitations continues running after filing the complaint until service is accomplished
 If practicing in a minority jurisdiction you will want to speed up the service of process

Question 3

Service of Process Mullane Test

Answer 3

Mullane test  sets the constitutional minimum for notice. A plaintiff who complies with the more stringent requirement will exceed the minimum due process requirements of Mullane and adequately provide notice to the defendant.

Question 4

Service of Process Must Include

Answer 4

both a summons and a complaint

Question 5

Pleading Special Claims

Answer 5

General Rule – 5W’s

Question 6

Joinder of Claims

Answer 6

In general, a party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party