Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
30. What should the student do in response to the teacher's complaint?
A teacher, a citizen of State A, properly brought an action against a student, a citizen of State B, for slander in State A federal district court. The student was not responsible for the slander and knows that the slanderous statement was actually made by a friend.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
After the plaintiff files the complaint, prior to filing an answer, the defendant may, if he chooses, file a motion under FRCP 12(b)(6), which includes these defenses:
lack of subject-matter jurisdiction;lack of personal jurisdiction;improper venue;insufficiency of the process;insufficiency of service of process;failure to state a claim upon which relief may be granted; AND/ORfailure to join a necessary party.The defendant then responds with an answer. After filing the answer, the defendant may make a motion for judgment on the pleadings, a motion for a more definitive statement, or a motion to strike.
D is correct. With the facts presented in this question, the only option the student has at this early stage of the litigation is to file an answer denying the allegation. The facts do not indicate any other option for the student, including any basis for a FRCP 12(b) motion or implead a new party. Thus, the only motion the student can make at this time is an answer that denies the allegation.
A is incorrect. Impleading is proper only to join a party who is derivatively liable to the defendant, not to bring in a substitute defendant. The student would not be able to use impleader to «switch» defendants.
B is incorrect. Interpleader is a suit pleaded between two parties to determine a matter of claim or right to property held by a third party. Here, interpleader would be proper only if the friend were making a property claim against the student, and the student knew that other people also claimed a right to that property.
C is incorrect. Filing a motion to dismiss for failure to state a claim upon which relief can be granted is not appropriate where legally relevant facts are in dispute. Here, there are factual disputes around who is responsible for the slander, which means this is not the correct step for the student to take.