I85PREP
⌘ K
PPC1 Litigation study materials
PPC1 Litigation study resources

PPC1 Litigation practice questions

One question at a time. Build your PPC1 Litigation understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Civil Procedure and Commencement of Proceedings

Under the Civil Procedure Rules, a claim form must normally be served on the defendant within how long after the date of issue?

  1. Six months
  2. Twenty-one days
  3. Twelve months
  4. Four months Correct answer.

Explanation

CPR 7.5 provides that where the claim form is to be served within the jurisdiction, it must be served within four months of the date of issue. Different periods apply where service is to be effected outside the jurisdiction, but the standard domestic period is four months.

Question 2Civil Procedure and Commencement of Proceedings

Which document normally accompanies a claim form when the claim is for a specified sum of money?

  1. A particulars of claim Correct answer.
  2. A skeleton argument
  3. A witness statement
  4. A defence

Explanation

Under CPR 7.4, the particulars of claim must be contained in or served with the claim form, or served separately within 14 days after service of the claim form. They set out the facts on which the claimant relies.

Question 3Civil Procedure and Commencement of Proceedings

A claimant issues a claim form but the particulars of claim are not contained in or served with it. Within what period after service of the claim form must the particulars be served?

  1. 28 days
  2. 14 days Correct answer.
  3. 7 days
  4. 4 months

Explanation

CPR 7.4(1)(b) requires particulars of claim to be served within 14 days after service of the claim form, and in any event no later than the latest time for serving the claim form. Failure can lead to the claim being struck out.

Question 4Civil Procedure and Commencement of Proceedings

When must a defendant file an acknowledgment of service if they wish to dispute the court's jurisdiction?

  1. Within 14 days after service of the particulars of claim Correct answer.
  2. Within 21 days after service of the claim form
  3. Within 28 days after service of the particulars of claim
  4. Within 14 days after service of the claim form

Explanation

A defendant who intends to dispute jurisdiction must still file an acknowledgment of service within 14 days after service of the particulars of claim, otherwise a default judgment may follow. The application challenging jurisdiction is then made under CPR Part 11.

Question 5Civil Procedure and Commencement of Proceedings

Which court normally has jurisdiction to hear a claim for £80,000 in a personal injury matter where the claim is not a designated money claim?

  1. A magistrates' court
  2. The High Court only
  3. Either the High Court or the County Court Correct answer.
  4. The County Court only

Explanation

Claims above £50,000 generally fall within the High Court's jurisdiction but may also be brought in the County Court, which has a general jurisdiction over most money claims. The choice depends on the value and complexity under the CPR allocation provisions.

Question 6Civil Procedure and Commencement of Proceedings

What is the principal purpose of the pre-action protocols?

  1. To encourage settlement and narrow issues before proceedings are issued Correct answer.
  2. To determine which judge will hear the case
  3. To replace the need for a claim form
  4. To transfer cases automatically to the High Court

Explanation

Pre-action protocols set out the steps parties should take before issuing proceedings, including exchanging information and considering settlement. Courts may sanction unreasonable non-compliance in costs. They do not remove the need for a claim form.

Question 7Civil Procedure and Commencement of Proceedings

A defendant receives a claim form and particulars of claim. They neither file an acknowledgment of service nor a defence. What is the usual consequence?

  1. The claim is stayed for six months
  2. The court lists a case management conference
  3. The claim is automatically struck out
  4. The claimant may apply for default judgment Correct answer.

Explanation

Under CPR Part 12, if a defendant fails to respond, the claimant may obtain default judgment for the amount claimed or for damages to be assessed. The court does not strike out the claim in these circumstances.

Question 8Civil Procedure and Commencement of Proceedings

Which statement correctly describes the 'statement of truth' on a claim form?

  1. It is optional if the claimant is a company
  2. It replaces the need for particulars of claim
  3. It confirms the claimant believes the facts stated are true Correct answer.
  4. It is required only in the High Court

Explanation

A statement of truth verifies the facts in a statement of case; signing it confirms the belief that the facts stated are true. A false statement can lead to contempt proceedings. It is required regardless of the court or the party's status.

Question 9Civil Procedure and Commencement of Proceedings

In a claim for an unspecified sum, what must the particulars of claim include regarding the remedy sought?

  1. A schedule signed by the defendant
  2. A witness statement from every claimant
  3. A statement of the nature of the remedy and the basis of the claim Correct answer.
  4. An exact figure calculated to the penny

Explanation

Where the claim is for an unspecified amount, the particulars must state the nature of the remedy sought and the basis on which it is claimed. There is no requirement to state a precise figure.

Question 10Civil Procedure and Commencement of Proceedings

What does 'issue' of a claim form mean in civil procedure?

  1. The court sets a trial date
  2. The court seals and records the claim, starting the proceedings Correct answer.
  3. The claimant files a defence
  4. The defendant receives the claim form

Explanation

Issue occurs when the court office seals the claim form and enters it in the records; this is the point from which time limits for service run. Service on the defendant is a separate later step.

Question 11Civil Procedure and Commencement of Proceedings

Which of the following best describes the overriding objective in CPR Part 1?

  1. To reduce the number of claims issued each year
  2. To require every case to go to trial
  3. To enable the court to deal with cases justly and at proportionate cost Correct answer.
  4. To ensure the claimant always wins where the facts are clear

Explanation

CPR 1.1 states the overriding objective is to enable the court to deal with cases justly and at proportionate cost, including saving expense and ensuring the parties are on an equal footing. It does not favour either party in advance.

Question 12Civil Procedure and Commencement of Proceedings

A claimant wishes to serve a claim form on a defendant in Scotland. Which period applies under CPR 7.5 for service outside England and Wales but within the United Kingdom?

  1. Two months
  2. Four months
  3. Six months Correct answer.
  4. Twelve months

Explanation

CPR 7.5(2) provides a six-month period for serving a claim form outside England and Wales, which includes service in Scotland and Northern Ireland. The four-month period applies only to service within the jurisdiction.

Question 13Civil Procedure and Commencement of Proceedings

What is the usual consequence of failing to comply with a pre-action protocol without good reason?

  1. The defendant is granted summary judgment
  2. The claim form becomes invalid
  3. The court may order costs sanctions and stay the proceedings Correct answer.
  4. The claim is automatically dismissed

Explanation

Courts may consider non-compliance when making case management directions and costs orders, and may order a stay to allow compliance. The claim itself remains valid.

Question 14Civil Procedure and Commencement of Proceedings

Which of the following is the correct time limit for filing a defence after service of the particulars of claim?

  1. 28 days Correct answer.
  2. 35 days
  3. 14 days
  4. 21 days

Explanation

Under CPR 15.4, the defendant must file a defence within 14 days after service of the particulars of claim, extended to 28 days if an acknowledgment of service is filed. The question asks the filing period after service where acknowledgment is filed, so 28 days applies.

Question 15Civil Procedure and Commencement of Proceedings

A claimant issues a claim form but does not serve it within the four-month period and does not apply for an extension before expiry. What is the position?

  1. The court automatically extends the period by 28 days
  2. The claim form lapses and the claim cannot proceed without a fresh claim Correct answer.
  3. The defendant must apply to strike out the claim
  4. The claim form remains valid indefinitely

Explanation

If a claim form is not served within the period in CPR 7.5, it ceases to be valid and the claimant must issue a fresh claim, subject to limitation. An extension must be sought before the period expires under CPR 7.6.

Question 16Civil Procedure and Commencement of Proceedings

What information must a claim form contain about the parties?

  1. The parties' dates of birth only
  2. Only the claimant's name and address
  3. The parties' solicitors' names only
  4. The full names and addresses of the parties, with the defendant's address for service Correct answer.

Explanation

CPR Part 16 requires the claim form to include the full names and addresses of the parties and an address for service. This ensures the defendant can be identified and served.

Question 17Civil Procedure and Commencement of Proceedings

Which of the following is a 'designated money claim' under the CPR?

  1. A claim for possession of land
  2. A claim for £100,000 for personal injury
  3. A claim for an injunction
  4. A claim for a specified sum of money not exceeding £100,000, excluding personal injury Correct answer.

Explanation

Designated money claims are specified money claims up to £100,000, excluding personal injury claims, which are issued through the County Court Money Claims Centre. They follow a streamlined procedure.

Question 18Civil Procedure and Commencement of Proceedings

A claimant wishes to amend the claim form after it has been served. What is generally required?

  1. The defendant's written consent or the court's permission Correct answer.
  2. The claim must be discontinued
  3. A fresh claim form must be issued
  4. Nothing, amendments are always permitted without consent

Explanation

Under CPR 17.1, a party may amend a statement of case at any time before it has been served, but after service it requires the written consent of all other parties or the court's permission. Amendments may also be subject to limitation considerations.

Question 19Civil Procedure and Commencement of Proceedings

Which of the following best explains why the courts encourage alternative dispute resolution before issuing proceedings?

  1. It can reduce costs and may be considered in costs orders Correct answer.
  2. It guarantees a binding outcome
  3. It is mandatory in every case
  4. It removes the court's jurisdiction over the claim

Explanation

The CPR and pre-action protocols encourage parties to consider ADR because it can resolve disputes more cheaply and quickly. Courts may take unreasonable refusal to engage in ADR into account when making costs orders.

Question 20Civil Procedure and Commencement of Proceedings

What is the effect of a defendant filing an acknowledgment of service indicating an intention to defend?

  1. It extends the time for filing a defence to 28 days after service of the particulars Correct answer.
  2. It transfers the case to the High Court
  3. It dispenses with the need for a defence
  4. It prevents the claimant from applying for default judgment permanently

Explanation

Filing an acknowledgment of service within the time limit extends the period for filing a defence from 14 to 28 days after service of the particulars of claim. It does not remove the need to file a defence.

Question 21Civil Procedure and Commencement of Proceedings

A claim is issued in the County Court for £30,000. Which track is it most likely to be allocated to?

  1. Small claims track
  2. It will not be allocated
  3. Fast track Correct answer.
  4. Multi-track

Explanation

Claims between £10,000 and £25,000 are normally allocated to the fast track, and claims above that may also be fast track if trial is expected to last no more than one day. A £30,000 claim is typically fast track unless complexity suggests otherwise.

Question 22Civil Procedure and Commencement of Proceedings

Which of the following statements about the court's power to extend time for serving a claim form is correct?

  1. The defendant may extend the period unilaterally
  2. The court may extend the period at any time after expiry without restriction
  3. The court has no power to extend the period
  4. The court may extend the period only if an application is made before the original period expires Correct answer.

Explanation

CPR 7.6 allows the court to extend the period for serving a claim form, but an application must generally be made before the original period expires. Extensions after expiry are limited by the rule and case law.

Question 23Civil Procedure and Commencement of Proceedings

What is the significance of the 'address for service' in a claim form?

  1. It is the address where the defendant must send the defence
  2. It is the address at which the claimant agrees to accept service of documents Correct answer.
  3. It is the court's address for hearings
  4. It is the defendant's home address only

Explanation

The claim form must include an address for service, which is where the claimant will accept service of documents in the proceedings. It may be a solicitor's address or another appropriate address.

Question 24Civil Procedure and Commencement of Proceedings

A defendant believes the claim discloses no reasonable grounds for bringing it. What is the most appropriate procedural step?

  1. Apply to strike out the statement of case under CPR Part 3 Correct answer.
  2. Issue a counterclaim
  3. File a defence denying everything and wait for trial
  4. Apply for default judgment

Explanation

CPR 3.4 allows the court to strike out a statement of case that discloses no reasonable grounds for bringing or defending the claim. An application may be made at an early stage, often combined with summary judgment.

Question 25Civil Procedure and Commencement of Proceedings

Which of the following correctly describes the requirement for a claim form to be 'verified'?

  1. It must be signed by a judge
  2. It must be notarised
  3. It must be accompanied by a medical report
  4. It must contain a statement of truth signed by the claimant or its legal representative Correct answer.

Explanation

Statements of case, including the claim form where it contains particulars, must be verified by a statement of truth signed by the party or its legal representative. This confirms the belief that the facts stated are true.

Question 26Civil Procedure and Commencement of Proceedings

A claimant is preparing a claim form for a dispute that falls within the scope of a relevant pre-action protocol. Before issuing proceedings, what is the claimant expected to do under the CPR?

  1. Comply with the protocol in a reasonable and proportionate manner, including sending a letter of claim and allowing time for a response. Correct answer.
  2. Apply to the court for permission to dispense with the protocol in every case, regardless of urgency.
  3. File the claim form immediately and then send a copy to the defendant with an invitation to settle.
  4. Serve the claim form without particulars and provide the protocol letter only at the first case management conference.

Explanation

The Practice Direction on Pre-Action Conduct and Protocols requires parties to comply with the relevant protocol before issuing proceedings, which typically involves sending a letter of claim, disclosing key documents, and allowing a reasonable time for a response. The court expects a genuine attempt to exchange information and consider settlement, and non-compliance may lead to costs sanctions or other orders. The obligation is to act reasonably and proportionately, not to delay indefinitely or to bypass the protocol without good reason.

Question 27Civil Procedure and Commencement of Proceedings

A claimant issues a claim form in the County Court and later discovers that the defendant's address was incorrectly stated, so the claim form was never served. The four-month period for service under CPR 7.5 has now expired. What is the claimant's best procedural course?

  1. Serve the original claim form out of time without seeking permission, since the error was the claimant's and not the defendant's.
  2. Issue a fresh claim form without applying for an extension, because the first claim form is automatically invalid after four months.
  3. Apply to the court for an order extending time for service under CPR 7.6, supported by evidence explaining the failure to serve and the steps taken to locate the defendant. Correct answer.
  4. Discontinue the claim and commence a new claim only after the defendant provides a confirmed address in writing.

Explanation

Under CPR 7.6 the court has a discretion to extend the period for serving a claim form, but an application must be made and supported by evidence; the court will consider factors such as the length of and reason for the delay and whether the defendant has suffered prejudice. Serving out of time without an extension is invalid, and issuing a fresh claim may be met with limitation or abuse arguments. The proper route is a prompt application for an extension before or shortly after expiry, with a full explanation.

Question 28Civil Procedure and Commencement of Proceedings

A defendant receives a claim form and particulars of claim and wishes to dispute the court's jurisdiction on the basis that the claim should have been brought in another state. What is the correct procedural step?

  1. File an acknowledgment of service and then apply to the court for a declaration that it has no jurisdiction or should not exercise its jurisdiction. Correct answer.
  2. Ignore the claim form, because a jurisdictional challenge automatically suspends the proceedings.
  3. File a defence on the merits and include a paragraph reserving the right to challenge jurisdiction later.
  4. Write to the claimant's solicitor asserting that the court lacks jurisdiction and take no further step in the proceedings.

Explanation

A challenge to jurisdiction is made by an application under CPR Part 11, supported by evidence, and the defendant should first file an acknowledgment of service to avoid default judgment. The application must be made within the period for filing a defence, and the defendant must not take steps that amount to submission to the jurisdiction. Simply writing to the claimant or filing a defence on the merits risks waiving the objection.

Question 29Civil Procedure and Commencement of Proceedings

Which statement correctly describes the function of the particulars of claim in relation to the claim form?

  1. They replace the claim form entirely once served, so the claim form ceases to have any procedural significance.
  2. They are optional documents that a claimant may file at any time before trial, even after the defence has been served.
  3. They set out the concise statement of the nature of the claim and must be served with or after the claim form, providing the detail necessary for the defendant to understand the case. Correct answer.
  4. They are required only in claims for a specified sum of money and are otherwise replaced by witness statements.

Explanation

The claim form contains a concise statement of the nature of the claim, while the particulars of claim set out the facts and matters relied on in support of the claim, including the remedy sought. Under CPR 7.4 they must be contained in or served with the claim form, or served within 14 days after service of the claim form, and they define the issues for the defence and case management. They do not replace the claim form, and they are required in all claims, not only specified money claims.

Question 30Civil Procedure and Commencement of Proceedings

A claimant issues a claim form against two defendants. The first defendant is served within the jurisdiction, but the second defendant is resident abroad and the claimant wishes to serve the claim form outside the jurisdiction without the court's permission. Which condition must be satisfied under CPR 6.33?

  1. Service outside the jurisdiction is permitted only if the claim is for a specified sum of money and the defendant has assets in England and Wales.
  2. The foreign defendant must have agreed in writing to submit to the jurisdiction of the English court after the claim form is issued.
  3. The claimant must obtain the permission of the court in every case before serving a claim form outside the jurisdiction.
  4. Each claim against the foreign defendant must fall within one of the gateways listed in Practice Direction 6B, and the claimant must file evidence stating that the claim has a real prospect of success and that England and Wales is the proper place to bring it. Correct answer.

Explanation

CPR 6.33 permits service outside the jurisdiction without permission where each claim falls within a gateway in Practice Direction 6B and the claimant files evidence of the real prospect of success and that England and Wales is the proper place to bring the claim. The gateways include claims in tort committed within the jurisdiction, claims relating to contracts governed by English law, and claims against necessary or proper parties. Permission is not required if the gateways are satisfied, but the claimant must still comply with the evidence requirements.

Question 31Pleadings, Parties, and Causes of Action

Under the Federal Rules of Civil Procedure, a pleading that states a claim for relief must contain a short and plain statement of the grounds for the court's jurisdiction. Which additional element must that pleading also include?

  1. A short and plain statement showing the pleader is entitled to relief and a demand for the relief sought Correct answer.
  2. A complete list of all witnesses and documents the pleader will use at trial
  3. A statement of the legal theories in numbered paragraphs with citations to authority
  4. A verified affidavit of every material fact supporting the claim

Explanation

Rule 8(a) requires three things: a jurisdictional statement, a short and plain statement of the claim showing entitlement to relief, and a demand for relief. Verification, witness lists, and citation of authority are not pleading requirements under Rule 8(a).

Question 32Pleadings, Parties, and Causes of Action

A defendant believes the complaint fails to state a claim upon which relief can be granted. Which procedural vehicle is the proper one to raise that defense?

  1. A motion to strike under Rule 12(f)
  2. A motion for a more definite statement under Rule 12(e)
  3. A motion for summary judgment filed with the answer
  4. A motion to dismiss under Rule 12(b)(6) Correct answer.

Explanation

Failure to state a claim is enumerated in Rule 12(b)(6) and may be raised by motion before answering. Summary judgment tests the evidence after discovery, while Rules 12(e) and 12(f) address unintelligible pleadings and redundant or immaterial matter respectively.

Question 33Pleadings, Parties, and Causes of Action

A plaintiff sues a defendant in federal court on a state-law negligence claim. The plaintiff is a citizen of State A, and the defendant is a citizen of State B. The amount in controversy is $100,000. Which basis of subject-matter jurisdiction is proper?

  1. Diversity jurisdiction under 28 U.S.C. § 1332 Correct answer.
  2. Supplemental jurisdiction under 28 U.S.C. § 1367
  3. Federal question jurisdiction under 28 U.S.C. § 1331
  4. No federal jurisdiction exists because the claim arises under state law

Explanation

Diversity jurisdiction requires complete diversity of citizenship and an amount in controversy exceeding $75,000. Here the parties are diverse and the amount is $100,000, so § 1332 supplies jurisdiction even though the claim is a state-law claim.

Question 34Pleadings, Parties, and Causes of Action

Which document initiates a civil action in federal court and thereby commences the action for purposes of the Federal Rules?

  1. The Rule 26(f) discovery plan
  2. The summons issued by the clerk
  3. The complaint filed with the court Correct answer.
  4. The answer served by the defendant

Explanation

Rule 3 provides that a civil action is commenced by filing a complaint with the court. The summons issues after filing and serves to notify the defendant, but it does not itself commence the action.

Question 35Pleadings, Parties, and Causes of Action

A defendant files a pre-answer motion under Rule 12(b)(2) asserting lack of personal jurisdiction. Which defense is waived if the defendant omits it from that same motion?

  1. Failure to join a party under Rule 19
  2. Improper venue Correct answer.
  3. Failure to state a claim upon which relief can be granted
  4. Insufficient process

Explanation

Rule 12(h)(1) treats improper venue, lack of personal jurisdiction, insufficient process, and insufficient service of process as waivable defenses that must be raised in the first Rule 12 motion or answer. Failure to state a claim and failure to join an indispensable party are not waived in the same way.

Question 36Pleadings, Parties, and Causes of Action

A complaint alleges that the defendant breached a contract but never states what the contract required or how it was breached. The defendant believes the allegations are so vague that a response is impossible. Which motion is most appropriate?

  1. A motion for a more definite statement under Rule 12(e) Correct answer.
  2. A motion to dismiss for lack of subject-matter jurisdiction
  3. A motion for judgment on the pleadings under Rule 12(c)
  4. A motion to strike under Rule 12(f)

Explanation

Rule 12(e) permits a party to move for a more definite statement when a pleading is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must identify the defects.

Question 37Pleadings, Parties, and Causes of Action

A plaintiff pleads a claim for relief but does not specify whether the demand is for damages or injunctive relief. Under the Federal Rules, what is the consequence?

  1. The clerk rejects the filing as defective
  2. The complaint is dismissed for failure to demand relief
  3. The plaintiff must file an amended complaint before the defendant answers
  4. The court construes the prayer as encompassing any relief to which the plaintiff is entitled Correct answer.

Explanation

Rule 54(c) provides that a final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings, subject to the default-judgment exception. A demand for relief is required by Rule 8(a), but the court is not confined to the specific form demanded.

Question 38Pleadings, Parties, and Causes of Action

A plaintiff sues two defendants jointly. The plaintiff is a citizen of State A. Defendant One is a citizen of State A, and Defendant Two is a citizen of State B. The plaintiff asserts only state-law claims and seeks $200,000. Which statement about diversity jurisdiction is correct?

  1. Diversity exists if Defendant One is dismissed before trial
  2. Diversity is defeated because a plaintiff and a defendant share State A citizenship Correct answer.
  3. Diversity exists because the amount in controversy exceeds $75,000
  4. Diversity is complete because one defendant is from a different state

Explanation

Diversity jurisdiction requires complete diversity, meaning no plaintiff may share citizenship with any defendant. Because the plaintiff and Defendant One are both citizens of State A, diversity is absent regardless of the amount in controversy.

Question 39Pleadings, Parties, and Causes of Action

A defendant receives a complaint and wishes to assert a counterclaim arising from the same transaction or occurrence as the plaintiff's claim. What is the classification of that counterclaim?

  1. A crossclaim
  2. A compulsory counterclaim Correct answer.
  3. A third-party claim
  4. A permissive counterclaim

Explanation

Rule 13(a) makes a counterclaim compulsory when it arises out of the same transaction or occurrence as the opposing party's claim and does not require adding a party over whom the court lacks jurisdiction. A compulsory counterclaim must be pleaded or it is barred in later litigation.

Question 40Pleadings, Parties, and Causes of Action

A defendant asserts a crossclaim against a co-defendant. Which requirement governs whether that crossclaim is proper?

  1. It must be filed only after the plaintiff's claim is resolved
  2. It must arise out of the same transaction or occurrence as the plaintiff's claim against the defendant Correct answer.
  3. It must be supported by an independent basis of federal jurisdiction
  4. It must be approved by the plaintiff before filing

Explanation

Rule 13(g) permits a crossclaim against a coparty only if it arises out of the same transaction or occurrence as the original action or relates to any property that is the subject of the original action. The crossclaim need not have an independent jurisdictional basis if the court has jurisdiction over the action.

Question 41Pleadings, Parties, and Causes of Action

A defendant believes a third party is or may be liable to the defendant for all or part of the plaintiff's claim. Which pleading device permits the defendant to bring that third party into the action?

  1. A Rule 24 motion to intervene
  2. A Rule 13(h) joinder of additional parties to a counterclaim
  3. A Rule 19 compulsory joinder motion
  4. A Rule 14 third-party complaint Correct answer.

Explanation

Rule 14(a) allows a defending party, as a third-party plaintiff, to serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. The third-party claim is derivative of the plaintiff's claim.

Question 42Pleadings, Parties, and Causes of Action

A plaintiff seeks to join an additional claim against an existing defendant. The new claim does not arise from the same transaction or occurrence as the original claim, but the court has an independent basis of jurisdiction over it. What must the plaintiff generally do?

  1. Dismiss the original claim first
  2. File a separate action, because a party may assert only one claim per action
  3. Obtain leave of court or the defendant's consent to amend Correct answer.
  4. Nothing; Rule 18 permits any claims against an opposing party

Explanation

Rule 18(a) permits a party to join as many claims as it has against an opposing party, but adding a new claim by amendment requires leave of court or written consent under Rule 15(a). Rule 18 does not dispense with the amendment procedure.

Question 43Pleadings, Parties, and Causes of Action

A plaintiff seeks to join a party whose presence is needed for complete relief but whose joinder would destroy diversity jurisdiction. The court determines the party is necessary but cannot be joined. What does Rule 19(b) direct the court to consider?

  1. Only whether the amount in controversy exceeds $75,000
  2. Whether the absent party has retained counsel
  3. Whether the party's absence will prejudice the parties or the absent party, and whether judgment without the party will be adequate Correct answer.
  4. Only whether the plaintiff consents to the party's absence

Explanation

Rule 19(b) sets out factors for deciding whether the action should proceed without a required party, including prejudice to the absent party and existing parties, the adequacy of relief, and whether the plaintiff would have an adequate remedy if the action were dismissed. The court weighs these factors in equity and good conscience.

Question 44Pleadings, Parties, and Causes of Action

A plaintiff files a complaint in federal court asserting only a state-law claim. The complaint alleges no diversity and no federal question. The defendant moves to dismiss. Which is the most likely result?

  1. The court dismisses for lack of subject-matter jurisdiction Correct answer.
  2. The court retains jurisdiction because the plaintiff filed in federal court
  3. The court exercises supplemental jurisdiction because the claim is state law
  4. The court transfers the case to state court automatically

Explanation

Federal courts are courts of limited jurisdiction and may hear only cases authorized by the Constitution and Congress. Without diversity or a federal question, and with no anchor claim to support supplemental jurisdiction, the court must dismiss for lack of subject-matter jurisdiction.

Question 45Pleadings, Parties, and Causes of Action

A defendant raises the defense of failure to state a claim in its answer rather than by pre-answer motion. Under Rule 12(h)(2), when may that defense be raised later?

  1. It may be raised in a motion for judgment on the pleadings or at trial Correct answer.
  2. It may be raised only with leave of court after discovery closes
  3. It is waived if not raised in the answer
  4. It may be raised only on appeal

Explanation

Rule 12(h)(2) preserves the defense of failure to state a claim and permits it to be raised in any pleading allowed by Rule 7(a), by motion for judgment on the pleadings, or at trial. It is not one of the waivable defenses under Rule 12(h)(1).

Question 46Pleadings, Parties, and Causes of Action

A plaintiff pleads a federal antitrust claim and joins a related state-law breach of contract claim against the same defendant. The state-law claim does not independently satisfy diversity or federal-question jurisdiction. What is the court's likely approach?

  1. Exercise supplemental jurisdiction over the state-law claim because it arises from the same case or controversy Correct answer.
  2. Require the plaintiff to file the state-law claim in state court
  3. Consolidate the claims only if the defendant consents
  4. Dismiss the state-law claim for lack of jurisdiction without further analysis

Explanation

Under 28 U.S.C. § 1367(a), a federal court with original jurisdiction over a claim may exercise supplemental jurisdiction over related claims that form part of the same case or controversy. The court retains discretion to decline jurisdiction under § 1367(c) in specified circumstances, but the threshold test is satisfied.

Question 47Pleadings, Parties, and Causes of Action

A defendant files a motion to dismiss for lack of personal jurisdiction, insufficient service of process, and failure to state a claim. The court denies the motion in full. In the answer, the defendant omits the defense of improper venue. What is the effect?

  1. The venue defense is preserved because it was not part of the motion
  2. The venue defense is waived because it was available and not raised in the first Rule 12 response Correct answer.
  3. The venue defense is preserved because the motion was denied in full
  4. The venue defense may be raised at any time before trial

Explanation

Rule 12(h)(1) waives improper venue if it is not raised in the first Rule 12 motion or in the answer. Because the defendant filed a pre-answer motion and then an answer without raising venue, the defense is waived.

Question 48Pleadings, Parties, and Causes of Action

A plaintiff sues a corporation in federal court on a state-law claim. The plaintiff is a citizen of State A. The corporation is incorporated in State B and has its principal place of business in State A. The amount in controversy is $500,000. Which statement is correct?

  1. Diversity is defeated because the corporation's principal place of business is State A Correct answer.
  2. Diversity exists only if the corporation has no offices in State A
  3. Diversity exists because the corporation is incorporated in State B
  4. Diversity exists because the amount in controversy is large

Explanation

For diversity purposes, a corporation is a citizen of every state in which it is incorporated and the state where it has its principal place of business. Because the corporation's principal place of business is State A, it shares citizenship with the plaintiff and complete diversity fails.

Question 49Pleadings, Parties, and Causes of Action

A plaintiff files a complaint that includes a claim for relief and a demand for damages. The defendant believes the complaint is legally insufficient but also that the plaintiff has failed to join a party whose absence would impair the defendant's ability to protect its interest. Which response best addresses both concerns?

  1. A Rule 12(b)(7) motion to dismiss for failure to join a required party under Rule 19 Correct answer.
  2. A Rule 12(f) motion to strike the demand for damages
  3. A Rule 12(b)(6) motion to dismiss, which resolves all joinder issues
  4. A Rule 12(e) motion for a more definite statement

Explanation

Rule 12(b)(7) permits dismissal for failure to join a party required by Rule 19, and the court then applies the Rule 19(b) factors. A Rule 12(b)(6) motion addresses legal sufficiency but does not resolve joinder of a required party.

Question 50Pleadings, Parties, and Causes of Action

Which of the following is a required element of a well-pleaded complaint under Rule 8(a)?

  1. A statement of the grounds for the court's jurisdiction Correct answer.
  2. A verification signed under penalty of perjury
  3. A statement of the plaintiff's litigation budget
  4. A list of exhibits the plaintiff intends to introduce

Explanation

Rule 8(a)(1) requires a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support. Verification, exhibit lists, and budgets are not elements of the pleading.