Set 2

Question 1

A civil plaintiff may take one nonsuit of a case, thereby being able to refile it, except when

Answer 1

A plaintiff has a right to do this once, except

1) After a motion to strike has been sustained or

2) After the jury leaves to deliberate, or

3) After the action has been submitted to the court for decision

Question 2

Who may serve process

Answer 2

Any person of age 18 years or older and who is not a party or otherwise interested in the subject matter of the controversy may serve this

Question 3

A sheriff may serve process only in what location(s)

Answer 3

This person may only serve process with their own county/city or one directly contiguous to their own

Question 4

Service of process on a foreign corporation must be served upon who?

Answer 4

Process may be served only on an in-state officer, director, or registered agent of this type of corporation

Question 5

Improper service of process may be “cured” when

Answer 5

When process was actually received by the person to whom it was directed within one year, this will be cured (except in divorce or annulment cases)

Question 6

Equitable defenses: unclean hands

Answer 6

Under this doctrine, a party seeking equitable relief must himself not have been guilty of inequitable or wrongful conduct, and the wrongful conduct must relate to the claim asserted

Question 7

Equitable defenses: availability of remedy at law

Answer 7

Under this doctrine, a party seeking equitable relief must establish that money damages would not be sufficient to place him back in the position he would be in had the breach not occurred

Question 8

Equitable defenses: hardship or oppression

Answer 8

Under this doctrine, a party seeking equitable relief must show that the requested relief will not cause unreasonable great hardship on the other party

Question 9

Equitable defenses: fraud

Answer 9

Under this doctrine, a party seeking equitable relief must show that the requested relief will not cause unreasonable great hardship on the other party

Question 10

Elements to establish a temporary injunction

Answer 10

1) Has a recognized legal right

2) Will suffer irreparable harm without an injunction

3) Balancing equities and hardships weighs in their favor

4) Likely to succeed on the merits, and

5) No adequate remedy at law

Question 11

Action in detinue

Answer 11

This type of action allows a court to determine who is entitled to possession of an item or to award damages when the item cannot be returned

Question 12

SOL: fraud

Answer 12

This type of claim must be brought within 2 years from the time the P was or should have been aware of the issue