Civpro midterm question

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dirtyjesus
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Civpro midterm question

Postby dirtyjesus » Wed Oct 10, 2012 3:05 pm

The midterm had a MC question about a motion to dismiss under rule 12b. What is the difference between insufficient service of process and insufficient process? This totally had me stumped.

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laxbrah420
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Re: Civpro midterm question

Postby laxbrah420 » Wed Oct 10, 2012 3:10 pm

http://www.top-law-schools.com/forums/v ... 3&t=126856
vanwinkle wrote:Insufficient process is when something is defective with the process itself, under Rule 4. Something is wrong with the content of the summons or complaint; for example, the summons fails to name the parties or the court.

This is different from insufficient service of process, in which the summons and complaint are fine, but aren't being properly delivered to the opposing party.

dirtyjesus
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Joined: Wed Sep 19, 2012 9:36 am

Re: Civpro midterm question

Postby dirtyjesus » Wed Oct 10, 2012 3:16 pm

laxbrah420 wrote:http://www.top-law-schools.com/forums/viewtopic.php?f=3&t=126856
vanwinkle wrote:Insufficient process is when something is defective with the process itself, under Rule 4. Something is wrong with the content of the summons or complaint; for example, the summons fails to name the parties or the court.

This is different from insufficient service of process, in which the summons and complaint are fine, but aren't being properly delivered to the opposing party.


Thanks but damn I missed that one

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laxbrah420
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Re: Civpro midterm question

Postby laxbrah420 » Wed Oct 10, 2012 3:20 pm

what were the options

dirtyjesus
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Re: Civpro midterm question

Postby dirtyjesus » Wed Oct 10, 2012 3:36 pm

laxbrah420 wrote:what were the options

Q: fact pattern where two summons get mixed up by sheriff for codefendants, A gets B's summons and vice versa. And b's summons is left with 14 year old daughter. Plus other irrelevant info. What is best claim under 12b motion for dismissal?

Statute of limitations
Wrong venue
Insufficient process
Insufficient service of process
None of the above

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MarcusAurelius
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Re: Civpro midterm question

Postby MarcusAurelius » Fri Oct 12, 2012 6:02 pm

insufficient service of process




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