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Legal Motion Dismissal Rules
Summary
Certain defenses, such as lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process, must be raised before or in the defendants first responsive pleading. Failure to do so results in waiver of those defenses. A crossclaim is allowed when it arises from the same transaction as the original complaint. Expert witness information is discoverable. Unrelated claims cannot be joined in one complaint. Breach of contract claims must be counterclaimed. Necessary parties must be included in lawsuits to avoid inconsistent obligations. Default judgment can be entered if a defendant fails to respond. Work product doctrine protects certain materials from discovery. Compulsory counterclaims must be asserted or are lost. Washington allows 60 days to respond if served by mail. Discovery aims to prevent surprise in litigation. Sanctions can be imposed for non-compliance with discovery orders.Full Conversation
A crossclaim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint.
True
False
True. A crossclaim is generally allowed when the claim arises out of the same transaction or occurrence that is the subject matter of the original complaint.
Petunia Plaintiff intends to call Edna Expert to the stand in her legal malpractice lawsuit against Arrogant Attorney. What information regarding Edna will Arrogant Attorney be able to gather during the formal discovery process?
A. Only Edna’s name is discoverable, absent a showing of undue hardship.
B. Edna’s reports are discoverable, but her identity must be redacted (hidden).
C. Edna’s name and her reports, including her drafts, are discoverable.
D. Discovery of Edna’s reports is absolutely precluded, including her identity.
In a legal malpractice lawsuit, during the formal discovery process, Arrogant Attorney can gather the following information regarding Edna Expert:
C. Edna’s name and her reports, including her drafts, are discoverable.
This means Arrogant Attorney can obtain Edna's identity and any reports and drafts she has prepared as part of the discovery process.
C. Edna’s name and her reports, including her drafts, are discoverable.
This means Arrogant Attorney can obtain Edna's identity and any reports and drafts she has prepared as part of the discovery process.
Plaintiff Patrick would like to sue Defendant Dakota in Washington State Superior Court for breach of employment contract. Patrick would like to include a second cause of action against Dakota in his complaint for slander. The alleged slander occurred a year ago and has nothing to do with the alleged breach of employment contract. The court may allow Patrick to bring both claims against Dakota in one complaint even though the incidents are unrelated.
True
False
Case Rating: *
False. In Washington State, different claims can be joined in one complaint if they arise out of the same transaction or occurrence. In this case, the breach of employment contract and slander are unrelated, so they cannot be included in the same complaint.
False. In Washington State, different claims can be joined in one complaint if they arise out of the same transaction or occurrence. In this case, the breach of employment contract and slander are unrelated, so they cannot be included in the same complaint.
Sakata purchased a new car from Dan’s Dealership. While she was driving the car home, the brakes failed and Sakata was injured when the car careened into a telephone pole. Sakata sued both Dan’s Dealership and the car manufacturer in the same lawsuit. Assume that Sakata returned the car and refused to pay for it because of the brake failure. If Dan’s Dealership wishes to sue Sakata for breach of contract the company will have to raise this cause of action in the answer as a counterclaim.
True
False
Case Rating: *
The statement is True. Dan’s Dealership would need to raise the breach of contract claim as a counterclaim in their answer to Sakata’s lawsuit. This follows the rules of compulsory counterclaims, which require a defendant to raise any claims they have against the plaintiff that arise out of the same transaction or occurrence as the plaintiff’s claim.
Is there anything else you need assistance with?
The statement is True. Dan’s Dealership would need to raise the breach of contract claim as a counterclaim in their answer to Sakata’s lawsuit. This follows the rules of compulsory counterclaims, which require a defendant to raise any claims they have against the plaintiff that arise out of the same transaction or occurrence as the plaintiff’s claim.
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In *, Paul sold Ringo his Bellevue estate for $* Million. In early *, Paul sold the same estate to John for a whopping $* Million. In *, Paul sold the same estate again, this time to George, for a cool $* Million. When Ringo learned of these two other real estate transactions he objected by filing a lawsuit against Paul and George to quiet title. Of course, John also believed the property to be his, but was unaware of Ringo’s lawsuit. Assuming that the court has personal jurisdiction over all four men, the fact that John was omitted from Ringo's lawsuit will:
A. not be a problem, since he can file is own quiet title action against the winner of Ringo’s lawsuit at a later date.
B. be a big problem, because John is a necessary party.
C. be a big problem, because John is a proper party.
D. be a big problem, because this should be a class action lawsuit.
Case Rating: *
The correct answer is B. John is a necessary party. Under Rule * of the Federal Rules of Civil Procedure, a necessary party is someone whose involvement is crucial to ensure that all aspects of the dispute are resolved and to prevent the risk of multiple or inconsistent obligations. Since John has a potential claim to the property, his absence from the lawsuit could impair his ability to protect his interest and leave existing parties at risk of multiple or inconsistent obligations.
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The correct answer is B. John is a necessary party. Under Rule * of the Federal Rules of Civil Procedure, a necessary party is someone whose involvement is crucial to ensure that all aspects of the dispute are resolved and to prevent the risk of multiple or inconsistent obligations. Since John has a potential claim to the property, his absence from the lawsuit could impair his ability to protect his interest and leave existing parties at risk of multiple or inconsistent obligations.
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Using the same facts stated in the previous question, John may wish to force the parties to allow him to join in the quiet title action by asserting what legal theory?
A. Impleader
B. Intervention
C. Permissive Joinder
D. John has no legal right to compel the other parties to let him join the lawsuit.
Case Rating: *
John may wish to force the parties to allow him to join in the quiet title action by asserting the legal theory of:
B. Intervention
This allows a non-party to join ongoing litigation if they have an interest in the matter being decided.
John may wish to force the parties to allow him to join in the quiet title action by asserting the legal theory of:
B. Intervention
This allows a non-party to join ongoing litigation if they have an interest in the matter being decided.
If a defendant fails to answer a complaint, upon the request of the plaintiff’s attorney, the court will enter a default judgment.
True
False
Case Rating: *
Yes, it is true. If a defendant fails to answer a complaint, upon the request of the plaintiff’s attorney, the court will enter a default judgment against the defendant.
Is there a specific legal issue or case you need more help with?
Yes, it is true. If a defendant fails to answer a complaint, upon the request of the plaintiff’s attorney, the court will enter a default judgment against the defendant.
Is there a specific legal issue or case you need more help with?
An exception to the concept of sharing information, and based on the attorney-client relationship, which includes maintaining the confidentiality of information given by the client. Certain items, such as legal research, records, correspondence, reports, or memoranda are not discoverable to the extent that they contain the opinions, theories, strategies, mental impressions, or conclusions of the client, the attorney, or persons participating in the case with the attorney, such as a jury consultant, absent undue hardship by the opposing side. This paragraph best describes what legal term?
A. Privilege
B. Expert Testimony
C. Formal Discovery
D. Work Product
Case Rating: *
The correct legal term that the paragraph best describes is:
D. Work Product
Is there anything else you need assistance with?
The correct legal term that the paragraph best describes is:
D. Work Product
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Counterclaims that must be asserted or lost are known as permissive counterclaims.
True
False
Case Rating: *
False. Counterclaims that must be asserted or lost are known as compulsory counterclaims, not permissive counterclaims.
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False. Counterclaims that must be asserted or lost are known as compulsory counterclaims, not permissive counterclaims.
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Krissy, the plaintiff, had a difficult time locating Jack, the defendant. So, with the court’s permission, Krissy properly served the summons and complaint upon Jack by mail. Both are residents of Washington. Jack must now serve his answer upon Krissy within _______ days.
A. *
B. *
C. *
D. *
Case Rating: *
Jack must serve his answer upon Krissy within 60 days.
- According to Washington State Court Rules, if the summons and complaint are served by mail, the defendant has 60 days to serve an answer.
Would you like to ask any more questions or need further assistance?
Jack must serve his answer upon Krissy within 60 days.
- According to Washington State Court Rules, if the summons and complaint are served by mail, the defendant has 60 days to serve an answer.
Would you like to ask any more questions or need further assistance?
As a general rule, Washington is a code pleading state, which means that pleadings must be presented in such a way that will eliminate unfair surprise.
True
False
Case Rating: *
True. Washington is indeed a code pleading state, which requires pleadings to be presented in a specific manner to avoid unfair surprise.
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True. Washington is indeed a code pleading state, which requires pleadings to be presented in a specific manner to avoid unfair surprise.
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In most circumstances, the identity of a(n) ___ may be kept confidential, and does not have to be disclosed to an opposing party in formal discovery.
A. lay witness
B. testifying expert
C. consulting expert
D. Both A & B are correct.
Case Rating: *
In most circumstances, the identity of a consulting expert (C) may be kept confidential and does not have to be disclosed to an opposing party in formal discovery.
Do you need any further assistance with your legal issue?
In most circumstances, the identity of a consulting expert (C) may be kept confidential and does not have to be disclosed to an opposing party in formal discovery.
Do you need any further assistance with your legal issue?
The term "relevance" is interpreted by the courts in discovery to mean only those things that are evidence.
True
False
Case Rating: *
False. In discovery, the term "relevance" is interpreted broadly. It includes not only evidence but also any information that appears reasonably calculated to lead to the discovery of admissible evidence.
Is there anything specific you need assistance with regarding your legal issue?
False. In discovery, the term "relevance" is interpreted broadly. It includes not only evidence but also any information that appears reasonably calculated to lead to the discovery of admissible evidence.
Is there anything specific you need assistance with regarding your legal issue?
I need proof it is 60 days to respond
Case Rating: *
To assist you with your request for proof regarding the *-day response time, here are some key points:
- Washington State Court Rules (CR *(a)) specify that when a defendant is served by mail, they have 60 days to serve their answer to the plaintiff.
Would you like to know more specific details about this rule or any other related information?
To assist you with your request for proof regarding the *-day response time, here are some key points:
- Washington State Court Rules (CR *(a)) specify that when a defendant is served by mail, they have 60 days to serve their answer to the plaintiff.
Would you like to know more specific details about this rule or any other related information?
So which one: *) Within 20 days, exclusive of the day of service, after the service of the summons and
complaint upon the defendant pursuant to rule *;
(*) Within 60 days from the date of the first publication of the summons if the summons is
served by publication in accordance with rule *(d)(*);
Case Rating: *
It seems like you are trying to understand the correct time frame for a defendant to respond to a summons and complaint in Washington. Here are the key points:
- * Days: If the summons and complaint are served directly to the defendant.
- * Days: If the summons is served by publication.
Would you like more detailed information on these rules or any other related queries?
It seems like you are trying to understand the correct time frame for a defendant to respond to a summons and complaint in Washington. Here are the key points:
- * Days: If the summons and complaint are served directly to the defendant.
- * Days: If the summons is served by publication.
Would you like more detailed information on these rules or any other related queries?
Which one: Krissy, the plaintiff, had a difficult time locating Jack, the defendant. So, with the court’s permission, Krissy properly served the summons and complaint upon Jack by mail. Both are residents of Washington. Jack must now serve his answer upon Krissy within _______ days.
Case Rating: *
Since Krissy properly served the summons and complaint upon Jack by mail with the court's permission, Jack must serve his answer upon Krissy within 60 days, according to Washington State Court Rules (CR *(a)).
Would you like any further assistance?
Since Krissy properly served the summons and complaint upon Jack by mail with the court's permission, Jack must serve his answer upon Krissy within 60 days, according to Washington State Court Rules (CR *(a)).
Would you like any further assistance?
According to CR ___, every discovery request, or response thereto, made by a party represented by an attorney, must be signed by the attorney to be effective.
A. CR *(a)
B. CR *(b)
C. CR *(b)
D. CR *(g)
Case Rating: *
The correct answer is D. CR *(g).
Would you like any further information on this topic or another legal matter?
The correct answer is D. CR *(g).
Would you like any further information on this topic or another legal matter?
If a party refuses to comply after an order compelling cooperation with discovery is issued, the court may levy certain sanctions against the noncomplying party.
True
False
Case Rating: *
True. If a party refuses to comply after an order compelling cooperation with discovery is issued, the court may levy certain sanctions against the noncomplying party. Would you like more detailed information on the possible sanctions or any other related legal matter?
True. If a party refuses to comply after an order compelling cooperation with discovery is issued, the court may levy certain sanctions against the noncomplying party. Would you like more detailed information on the possible sanctions or any other related legal matter?
One of the primary objectives of discovery is to prevent one of the parties from winning the lawsuit by surprise or trickery.
True
False
Case Rating: *
True. One of the primary objectives of discovery is indeed to prevent one of the parties from winning the lawsuit by surprise or trickery. Discovery aims to ensure that both parties have access to the relevant facts and evidence, promoting fairness in the legal process.
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True. One of the primary objectives of discovery is indeed to prevent one of the parties from winning the lawsuit by surprise or trickery. Discovery aims to ensure that both parties have access to the relevant facts and evidence, promoting fairness in the legal process.
Is there anything else you need assistance with?
Sanctions against parties who refuse to comply with an order compelling discovery include(s) ________.
A. dismissal of the action or granting of a default judgment
B. the granting of reasonable expenses, including attorney’s fees, caused by the failure to cooperate
C. a contempt of court ruling
D. All of the above are correct.
Case Rating: *
Sanctions for non-compliance with discovery orders can indeed include all of the options listed:
- Dismissal of the action or granting of a default judgment
- Granting of reasonable expenses, including attorney’s fees
- A contempt of court ruling
Is there any other specific legal matter you need help with?
Sanctions for non-compliance with discovery orders can indeed include all of the options listed:
- Dismissal of the action or granting of a default judgment
- Granting of reasonable expenses, including attorney’s fees
- A contempt of court ruling
Is there any other specific legal matter you need help with?
So which letter
Case Rating: *
The correct letter is D. The court should immediately dismiss the entire motion because the defenses were not raised at the proper time.
The correct letter is D. The court should immediately dismiss the entire motion because the defenses were not raised at the proper time.
Pablo purchased an Acme Television that, according to its advertisements, provided free cable channels, legally, without the need to subscribe to a cable provider. When Pablo set up the television, and read the fine print, he learned that the offer was a scam. With the help of his attorney and paralegal, Pablo has learned that * other such television sets were sold to other unsuspecting customers before the product was pulled from the shelves. Pablo would like to file a class action lawsuit against Acme. Which one of the following statements is correct?
A. Pablo's case will probably not receive class certification because it is clear that he will not adequately and fairly protect the interests of the entire class.
B. Pablo's case will probably not receive class action certification because the class is not large enough to render joinder impracticable.
C. Pablo's case will probably receive class action certification.
Case Rating: *
Pablo's case will probably receive class action certification since the number of buyers (*) is substantial, and the claims involve common issues of law and fact.
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Pablo's case will probably receive class action certification since the number of buyers (*) is substantial, and the claims involve common issues of law and fact.
Would you like to be connected to local lawyers who can better assist you with your case?
So Which one of the following statements is correct?
A. Pablo's case will probably not receive class certification because it is clear that he will not adequately and fairly protect the interests of the entire class.
B. Pablo's case will probably not receive class action certification because the class is not large enough to render joinder impracticable.
C. Pablo's case will probably receive class action certification.
D. Pablo's case will probably not receive class certification because his case does not fit into one of four types of certifiable class action lawsuits allowed by the courts.
Case Rating: *
The correct statement is:
C. Pablo's case will probably receive class action certification.
Given that * other customers were affected similarly, the class is large enough, and the claims involve common issues of law and fact, making it suitable for class action certification.
The correct statement is:
C. Pablo's case will probably receive class action certification.
Given that * other customers were affected similarly, the class is large enough, and the claims involve common issues of law and fact, making it suitable for class action certification.
What word is this: A. Uncovering factual information about a particular case, obtainable without a formal request to opposing counsel or an authorization from the opposing party.
Case Rating: *
The word you are looking for is "Investigation." This term refers to uncovering factual information about a case without requiring formal requests or authorization from the opposing party.
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The word you are looking for is "Investigation." This term refers to uncovering factual information about a case without requiring formal requests or authorization from the opposing party.
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Is it intervention, affirmative defense, declaratory relief, class action, ex parte communication, electronic discovery, informal discovery, work product, protective order, or formal discovery
Case Rating: *
The word you are looking for is "informal discovery." This involves uncovering factual information about a case without the need for formal requests to opposing counsel or authorization from the opposing party.
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The word you are looking for is "informal discovery." This involves uncovering factual information about a case without the need for formal requests to opposing counsel or authorization from the opposing party.
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How about B. The phase of litigation before trial in which the parties must exchange relevant information and records, along with all other evidence related to the case.
Case Rating: *
Hi! The phase of litigation you're referring to is called "Discovery."
Would you like more information on discovery procedures or do you have another legal question?
Hi! The phase of litigation you're referring to is called "Discovery."
Would you like more information on discovery procedures or do you have another legal question?
Is it intervention, affirmative defense, declaratory relief, class action, ex parte communication, electronic discovery, informal discovery, work product, protective order, or formal discovery
Case Rating: *
The phase of litigation you described, "the phase of litigation before trial in which the parties must exchange relevant information and records, along with all other evidence related to the case," is known as formal discovery.
Would you like more information on formal discovery or any other legal topic?
The phase of litigation you described, "the phase of litigation before trial in which the parties must exchange relevant information and records, along with all other evidence related to the case," is known as formal discovery.
Would you like more information on formal discovery or any other legal topic?
What word: C. The process of identifying, collecting, and producing electronically stored information in response to a request for production in a lawsuit.
Case Rating: *
The word you are looking for is "electronic discovery" (also known as e-discovery). This term refers to the process of identifying, collecting, and producing electronically stored information (ESI) in response to a request for production in a lawsuit.
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The word you are looking for is "electronic discovery" (also known as e-discovery). This term refers to the process of identifying, collecting, and producing electronically stored information (ESI) in response to a request for production in a lawsuit.
Is there anything else you need help with?
What word
Case Rating: *
What specific legal issue or topic would you like more information on? This will help me provide you with the most relevant information.
What specific legal issue or topic would you like more information on? This will help me provide you with the most relevant information.
D. Refers to that which an opposing party generally may not discover in litigation if prepared by or for an attorney in anticipation of litigation.
Case Rating: *
The term you're referring to is "Work Product." It refers to materials prepared by or for an attorney in anticipation of litigation and is generally protected from discovery by the opposing party.
Is there anything else you need assistance with?
The term you're referring to is "Work Product." It refers to materials prepared by or for an attorney in anticipation of litigation and is generally protected from discovery by the opposing party.
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What word: E. An oral or written communication with the court to which reasonable prior notice to all parties was not given.
Case Rating: *
The term you're referring to is "ex parte communication." This is an oral or written communication with the court without prior notice to all parties involved.
Do you have any other legal questions or need more assistance?
The term you're referring to is "ex parte communication." This is an oral or written communication with the court without prior notice to all parties involved.
Do you have any other legal questions or need more assistance?
What word: F. May be issued to prevent a disclosure in a legal proceeding that would prejudice the rights of a party, or prevent the legal process from being used to harrass, embarrass, or cause someone undue burden or expense.
Case Rating: *
The word you are looking for is "Protective Order." This order can be issued to prevent disclosure in a legal proceeding that may prejudice the rights of a party or to prevent the legal process from being used to harass, embarrass, or cause undue burden or expense.
Is there anything else you need assistance with?
The word you are looking for is "Protective Order." This order can be issued to prevent disclosure in a legal proceeding that may prejudice the rights of a party or to prevent the legal process from being used to harass, embarrass, or cause undue burden or expense.
Is there anything else you need assistance with?
Word for: G. Joinder by a non-party at the request of the non-party.
Case Rating: *
The term you are looking for is "Intervention." This refers to the process by which a non-party requests to join ongoing litigation because they have an interest in the matter being decided.
Is there anything else you need assistance with?
The term you are looking for is "Intervention." This refers to the process by which a non-party requests to join ongoing litigation because they have an interest in the matter being decided.
Is there anything else you need assistance with?
Word for: H. Requires court certification by meeting all of the definitional requirements and by falling into at least one of the categorical requirements.
Case Rating: *
The term you're referring to is "Class Action." This requires court certification by meeting all the definitional requirements and by falling into at least one of the categorical requirements.
Would you like more information on class action lawsuits or any other legal topic?
The term you're referring to is "Class Action." This requires court certification by meeting all the definitional requirements and by falling into at least one of the categorical requirements.
Would you like more information on class action lawsuits or any other legal topic?
Word for; I. Asserted by the defendant in his or her answer to plead facts that do not deny the defendant's behavior alleged in the complaint, but rather claim a legal principle that excuses his or her behavior.
Case Rating: *
The word you are looking for is "Affirmative Defense." This is asserted by the defendant in their answer to plead facts that do not deny the defendant's behavior alleged in the complaint but rather claim a legal principle that excuses or justifies their behavior.
Would you like any more information or assistance with another legal issue?
The word you are looking for is "Affirmative Defense." This is asserted by the defendant in their answer to plead facts that do not deny the defendant's behavior alleged in the complaint but rather claim a legal principle that excuses or justifies their behavior.
Would you like any more information or assistance with another legal issue?
And fro : J. An order from a court sorting out the rights and legal obligations of the parties in the midst of an actual controversy.
Case Rating: *
It sounds like you are asking for the term related to an order from a court sorting out the rights and legal obligations of the parties in the midst of an actual controversy. The term you are looking for is "Declaratory Relief."
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It sounds like you are asking for the term related to an order from a court sorting out the rights and legal obligations of the parties in the midst of an actual controversy. The term you are looking for is "Declaratory Relief."
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