civil pro mcq (1)

8/4/2019 Civil Pro MCQ (1)

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1. On what ground a case may be dismissed motu propio by the court?

a. voluntary appearance of the dependantb. Litis pendentiac. res judicata

d. prescription of the action

2. What is the possible rule that cannot be made in a motion to dismiss?

a. defer resolution of the motionb. deny the motion of the plaintiff c. amend the pleadingd. grant the motion

3. If no motion to dismiss has been filed. What grounds for dismissal maynot be pleaded as affirmative defense?

a. Court has no Jurisdiction over the person of the plaintiff b. Improper venue of the cause of actionc. Another action pending between partiesd. Cause of action is banned by a prior judgment

4. When can a plaintiff file a notice of dismissal?

a. after the arraignmentb. upon the order of confirmation of the courtc. any time before service of the answer

d. upon the notice of dismissal of the defendant

5. What is being required by the 2 dismissal rule? a. granting if the dismissal upon the motion of the courtb. payment by the defendant of the claim involvedc. issuance of the correspondentd. both dismissal are granted by the court of competent Jurisdiction

6. I. Pleadings and motions are both written statements although motioncannot be initiators

II. Motion is an application for relief while pleading is a document tocharge an individual for a crime or Breach of Law

a. I is false, II is trueb. I is true, II is falsec. Both I and II are trued. Both I and II are false7. What is not necessary to state in a motion?



a. ground upon which the cause of action is basedb. remedies of the defendantc. relief sought by the plaintiff d. allegation of the complaint

8. What is the effect of dismissal on an existing counter claim

a. The plaintiff can re-file the same case but in a different venueb. The plaintiff could not move for the dismissal of his complaintc. The court can prosecute the case immediatelyd. The plaintiff can still pursue the case

9. What is not true with an omnibus motion?

a. various types or several subjects or request included

b. one that makes more than one requestc. alternative way to file a pleadingd. several items being introduce in the court system

10. What is the purpose for Bill of Particulars?

a. enable the plaintiff to present evidence and defensesb. get the attention of the clerk of the court where the case is filedc. apply for a new triald. enable the defending party to properly prepare his responsive

pleading

11. When is the time to apply for a Bill of Particulars?

a. when the court dismissed the case the first timeb. before responding to a pleadingc. after responding to a pleadingd. simultaneously file with the pleading

12. What kind of action that cannot be done by the court after the clerk of court brings the motion for Bill of Particulars to their attention?

a. outrightly grant the Bill of Particularb. outrightly deny the Bill of Particularc. disallow parties the opportunity to be heardd. makes the Bills of Particularpart of the pleadings for which it is intended

13. If the motion for Bill of Particular is granted, either in whole or in part thecompliance the compliance must be effected in how many days?



a. after 15 days from notice of the orderb. within 15 days from notice of the orderc. within 10 days from notice of the orderd. after 10 days from notice of the order

14. After the service of the Bill of Particulars, how many days will be entitledto the moving party to file his responsive pleading?

a. may not be less than 5 days in any eventb. shall not be less than 10 days in any eventc. shall not be less than 5 days in any eventd. may not be less than 10 days in any event

15. After the hearing what action cannot be under taken by the court?

a. dismissing the action or claim

b. ordering the amendment of the pleadingc. denying the motion of resolutiond. defering the resolution of the motion

16. A motion to dismiss:

a. hypothetically admits the truth of the facts alleged in the complaint andsuch admission shall include all facts which are well pleaded in thecomplaint

b. cannot be dismissed on a ground not alleged in the motion even saidground is provided in Rule 16

c. may be done motu propio by the courtd. is granted based on allegations appearing on the complaint or in

the plaintiff’s evidence

17. Demurrer to evidence is?

a. grounded in preliminary objectionsb. may be filed by any defending party against whom a claim is asserted in

the actionc. should be filed within the time for but prior to the filing of the answer of

the defending party t the pleading asserting the claim against him

d. if denied, defendant may present evidence. If granted, plaintiff appeals and the order of the dismissal is reversed the defendantloses his right to present evidence

18. A motion to dismiss is not a bar to another action, except when:

a. there is substantial identity in the cause of action and relief sought



b. the result of the first action is determinative of the second in any eventand regardless of which party is successful

c. where the complaint states no cause of actiond. what is in volved is the fact that the ownership or other real

rights claimed have prescribed

19. Ground for dismissal is failure to state cause of action going to thesufficiency of the allegations of the cause of action. Correct to say, as anabsolute rule, that in considering a motion to dismiss on the ground of failureto state a cause of action, the court is limited to the consideration of theallegations of the complaint which are all deemed admitted?

a. Matters which are outside the complaint may be considered bythe court as in matters of judicial notice, matters contained in theannexes attached to the complaint

b. Matters which are outside the complaint may not be considered by the

court as in matters os Judicial notice and not contained in the annexesc. The court can admit evidence not included in the pleadingd. Courts cannot disregard allegations in the complaint which are legally

impossible facts

20. In a demurrer to evidence in criminal cases is denied and it is with leaveof court, what is its effect to the evidence?

a. the accused waived his right to present evidenceb. the accused has the right to file another casec. the court can reverse the appeal on evidence

d. the accused may adduce evidence in his defense

Ma. Lily Cervantes

civil pro mcq (1)

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