Civil Procedure

Fall 2011

Prof. Brill

Quiz # 4

Grant is an attorney in Northwest Arkansas, maintaining a solo practice. Unfortunately, he has been sued for malpractice in Arkansas state court.

He and his wife Sarah live in an apartment complex in Fayetteville. In the middle of the complex is a lap pool.

In each of the following examples, the summons and the complaint are served. In the first five instances Sarah gives the papers to Grant a few hours later over a candlelight dinner. Has service been properly accomplished in light of the Rules and the Constitution?

1)	The sheriff serves Sarah at the swimming pool at the apartment complex.

2)	The sheriff serves Sarah at the local Starbucks.

3)	Federal Express brings the papers to the apartment and Sarah signs for them.

4)	The mailman brings the papers in a certified mail envelope to the apartment and Sarah signs the

certified mail receipt and receives the papers.

5)	The mailman delivers the papers and an acknowledgment form to the apartment mailbox. He gives the papers to Sarah who is just arriving from her office. The envelope is first class mail and no signature is required.

6)	The Sheriff calls Grant and reads him the papers over the phone; the papers are then faxed to Grant at his office.

In which instances has service been properly accomplished?

A)	All of them. In each instance Grant received actual notice in a timely fashion. The constitutional standard of reasonableness has been satisfied.

B)	Only 1 and 2.

C)	Only 1 and 5.

D)	Only 2 and 4.

E)	Only 3 and 4.

F)	Only 3 and 5.

G)	None of them. Only the golden standard works. The Rules do not permit anything else.

TEAR OFF

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Civil Procedure

Fall 2011 - Quiz # 4

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