Set 4

Question 1

When can forum selection clauses in Ks not be enforced?

Answer 1

Upon a showing of unfairness, unreasonableness, fraud, or unequal bargaining power

Question 2

What is a misnomer of a party?

Answer 2

A party that is incorrectly named in a pleading. Corrected by motion and affidavit

Question 3

How is service done in CC?

Answer 3

The complaint and summons are served upon the D

Question 4

How is service done in GDC?

Answer 4

A complaint, warrant, or motion for judgment are served?

Question 5

If personal service is not available

Answer 5

Service can be delivered to a family member over 16 years old at D’s usual place of abode; server must explain the significance

Question 6

How can service of process be made by posting?

Answer 6

Must post on main entrance of place of abode, mail a copy to D, and file a certificate of mailing in the clerk’s office

Question 7

What are most commonly used long-arm jurisdiction grounds on the bar exam

Answer 7

Transacts business in VA, contracts to supply services or things in VA, causes tortious injury by an act/omission in VA, uses a computer or computer network located in VA

Question 8

When is service by publication available?

Answer 8

1) When a party is a foreign corporation or nonresident

2) Diligent search did not reveal a location

3) Sheriff unable to serve for 21 days

4) Unknown persons may be interested in the subject matter

Question 9

What is a counterclaim?

Answer 9

Claim made by D against one or more Ps

Question 10

What is a crossclaim?

Answer 10

Claim made by D against another D

Question 11

What is a third party claim?

Answer 11

Typically a claim by D against a 3rd party whom D asserts is or may be liable for all or part of D’s claim

Question 12

If seeking damages in a complaint, what must P file?

Answer 12

An ad damnum clause must be filed if what is sought

Question 13

What are responsive pleadings?

Answer 13

They respond to another party’s aggressive pleadings

Question 14

What are the most common types of responsive pleadings on the bar exam?

Answer 14

1) Demurrer

2) Plea in bar

3) Motion to dismiss

4) Motion for bill of particulars

5) Motion craving oyer

Question 15

When must an answer be filed?

Answer 15

21 days after service of process or entry of order overruling D’s responsive pleading

Question 16

Should D file an answer in GDC?

Answer 16

D is not required to file an answer in this court. D can just show up to the trial and defend it

Question 17

What is a demurrer

Answer 17

Argues that even if everything in the complaint is true, P is still not entitled to any relief

Question 18

What is a motion to strike a pleading?

Answer 18

Challenges the procedural sufficiency of a pleading

Question 19

What is a motion for a bill of particulars?

Answer 19

Court order compelling a party to elaborate any pleading that does not provide adequate notice of a claim or defense

Question 20

How does a D attack service of process?

Answer 20

Motion to quash service of process and motion to dismiss for failure to serve service

Question 21

Can a D inadvertently waive objection to service of process?

Answer 21

Through conduct related to adjudicating the merits of the case

Question 22

What motion should a D file if they were not served with the required method of service?

Answer 22

A motion to quash process would best serve this argument

Question 23

What is a motion craving oyer?

Answer 23

Seeks a court order compelling P to produce essential document mentioned in the complaint but not attached

Question 24

If a pleading, motion, or affirmative defense sets up a new matter, what should the other party file?

Answer 24

A reply is necessary when a pleading, motion, or affirmative defense sets up a new matter and it must be filed within 21 days