Lstd 207 Final Exam Answers
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LSTD 207 Final Exam
Part 1 of 1 – 100.0 Points Question 1 of 30 2.5 Points
A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered.
Feedback: See pages 118, 120-121. A defendant must raise objections to venue, personal jurisdiction, and form and method of service of process in their first response to the complaint (pre-answer or answer) or the issue is waived and may not be reconsidered at a later time.
Question 2 of 30 2.5 Points
A defendant can remove a case from state court to …show more content…
Larry responds by moving to dismiss for failure to state a claim under Rule 12(b)(6). After the court denies the motion, but before Larry answers, Larry files a second pre-answer motion to dismiss per lack of venue under Rule 12(b)(3). Which of the following is True?
A.The motion is improper because Larry cannot make a second pre-answer motion under Rule 12 to assert a defense that was available when the first motion was made. B.The motion is improper, because Larry’s failure to assert his Rule 12(b)(3) motion in his first pre-answer motion waives the objection of failure to state a claim. C.The motion is proper because the objection is not waived by making a motion on other grounds, and may be raised at any time. D.The motion is proper because the motion to dismiss for lack of venue under Rule 12(b)(3) is not considered one of the four “disfavored defenses.”
Feedback: The correct answer is A. A defendant has two options when making certain motions to dismiss. First, he can file the motion prior to his answer to the complaint (pre-answer). If he chooses this method, four of the 12(b) motions must be filed at that time. If he chooses not to pre-answer, he must then file at least the four “disfavored” 12(b) motions in his answer. Either way he chooses to file, those four 12(b) motions must be raised in the initial