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

voluntary appearance of the dependant Litis pendentia res judicata prescription of the action

2. What is the possible rule that cannot be made in a motion to dismiss? a. b. c. d. defer resolution of the motion deny the motion of the plaintiff amend the pleading grant the motion

3. If no motion to dismiss has been filed. What grounds for dismissal may not be pleaded as affirmative defense? a. b. c. d. Court has no Jurisdiction over the person of the plaintiff Improper venue of the cause of action Another action pending between parties Cause of action is banned by a prior judgment

4. When can a plaintiff file a notice of dismissal? a. b. c. d. after the arraignment upon the order of confirmation of the court any time before service of the answer upon the notice of dismissal of the defendant

5. What is being required by the 2 dismissal rule? a. b. c. d. granting if the dismissal upon the motion of the court payment by the defendant of the claim involved issuance of the correspondent both dismissal are granted by the court of competent Jurisdiction

6. I. Pleadings and motions are both written statements although motion cannot be initiators II. Motion is an application for relief while pleading is a document to charge an individual for a crime or Breach of Law a. b. c. d. 7. I is false, II is true I is true, II is false Both I and II are true Both I and II are false What is not necessary to state in a motion?

a. b. c. d.

ground upon which the cause of action is based remedies of the defendant relief sought by the plaintiff allegation of the complaint

8. What is the effect of dismissal on an existing counter claim a. b. c. d. The plaintiff can re-file the same case but in a different venue The plaintiff could not move for the dismissal of his complaint The court can prosecute the case immediately The plaintiff can still pursue the case

9. What is not true with an omnibus motion? a. b. c. d. various types or several subjects or request included one that makes more than one request alternative way to file a pleading several items being introduce in the court system

10. What is the purpose for Bill of Particulars? a. b. c. d. enable the plaintiff to present evidence and defenses get the attention of the clerk of the court where the case is filed apply for a new trial enable the defending party to properly prepare his responsive pleading

11. When is the time to apply for a Bill of Particulars? a. b. c. d. when the court dismissed the case the first time before responding to a pleading after responding to a pleading 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. b. c. d. outrightly grant the Bill of Particular outrightly deny the Bill of Particular disallow parties the opportunity to be heard 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 the compliance the compliance must be effected in how many days?

a. b. c. d.

after 15 days from notice of the order within 15 days from notice of the order within 10 days from notice of the order after 10 days from notice of the order

14. After the service of the Bill of Particulars, how many days will be entitled to the moving party to file his responsive pleading? a. b. c. d. may not be less than 5 days in any event shall not be less than 10 days in any event shall not be less than 5 days in any event may not be less than 10 days in any event

15. After the hearing what action cannot be under taken by the court? a. b. c. d. dismissing the action or claim ordering the amendment of the pleading denying the motion of resolution defering the resolution of the motion

16. A motion to dismiss: a. hypothetically admits the truth of the facts alleged in the complaint and such admission shall include all facts which are well pleaded in the complaint b. cannot be dismissed on a ground not alleged in the motion even said ground is provided in Rule 16 c. may be done motu propio by the court d. is granted based on allegations appearing on the complaint or in the plaintiffs evidence 17. Demurrer to evidence is? a. grounded in preliminary objections b. may be filed by any defending party against whom a claim is asserted in the action c. 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 defendant loses 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 event and regardless of which party is successful c. where the complaint states no cause of action d. 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 the sufficiency of the allegations of the cause of action. Correct to say, as an absolute rule, that in considering a motion to dismiss on the ground of failure to state a cause of action, the court is limited to the consideration of the allegations of the complaint which are all deemed admitted? a. Matters which are outside the complaint may be considered by the court as in matters of judicial notice, matters contained in the annexes 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 annexes c. The court can admit evidence not included in the pleading d. 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 leave of court, what is its effect to the evidence? a. b. c. d. the accused waived his right to present evidence the accused has the right to file another case the court can reverse the appeal on evidence the accused may adduce evidence in his defense

Ma. Lily Cervantes