Questions: Which of the following is true of the bankruptcy procedure? A bank may file a bankruptcy petition for a debtor who has fallen behind on his or her mortgage payments A complaint is filed by creditors of a debtor is not paying his or her bills as they become due A debtor must receive prepetition counseling within 180 days prior to filling his or her bankruptcy petition The debtor may choose to file a petition for bankruptcy in either state or federal court Which of the following is not a basic pleading in a federal civil case: Reply Complaint Answer Motion Under FRCP 36, if a party served with a request for admissions does not respond within 30 days, the fact(s) involved are deemed to have been: Denied Admissible Expunged Admitted An example of actus reus is: Illness as an act Financial status as an act Possession as an act Religion as an act

Question 1: Which of the following is true of the bankruptcy procedure?

The answer is: A debtor must receive prepetition counseling within 180 days prior to filing his or her bankruptcy petition.

Explanation:

• A bank may file a bankruptcy petition for a debtor who has fallen behind on his or her mortgage payments: This is incorrect. Generally, only the debtor can file a voluntary bankruptcy petition. Creditors, including banks, may file an involuntary petition under certain circumstances, but this is not common for individual debtors.
• A complaint is filed by creditors of a debtor is not paying his or her bills as they become due: This is incorrect. While creditors can file an involuntary bankruptcy petition, it is not referred to as a "complaint" in the context of bankruptcy.
• A debtor must receive prepetition counseling within 180 days prior to filing his or her bankruptcy petition: This is correct. Under U.S. bankruptcy law, debtors are required to undergo credit counseling from an approved agency within 180 days before filing for bankruptcy.
• The debtor may choose to file a petition for bankruptcy in either state or federal court: This is incorrect. Bankruptcy cases are exclusively federal matters and must be filed in federal bankruptcy court.

Question 2: Which of the following is not a basic pleading in a federal civil case:

The answer is: Motion

Explanation:

• Reply: This is a basic pleading. It is a response to an answer when the answer contains a counterclaim.
• Complaint: This is a basic pleading. It is the initial document filed by the plaintiff to start a lawsuit.
• Answer: This is a basic pleading. It is the defendant's response to the complaint.
• Motion: This is not a basic pleading. A motion is a request for a court to make a specific ruling or order, but it is not considered a pleading.

Question 3: Under FRCP 36, if a party served with a request for admissions does not respond within 30 days, the fact(s) involved are deemed to have been:

The answer is: Admitted

Explanation:

• Denied: This is incorrect. If a party does not respond, the facts are not automatically denied.
• Admisible: This is incorrect. The term "admissible" refers to whether evidence can be considered by the court, not the status of admissions.
• Expunged: This is incorrect. Expunged means erased or removed, which does not apply here.
• Admitted: This is correct. Under the Federal Rules of Civil Procedure (FRCP) 36, if a party does not respond to a request for admissions within 30 days, the matters are deemed admitted.

Question 4: An example of actus reus is:

The answer is: Possession as an act

Explanation:

• Illness as an act: This is incorrect. Illness is a condition, not an act.
• Financial status as an act: This is incorrect. Financial status is a condition, not an act.
• Possession as an act: This is correct. Actus reus refers to the physical act of a crime, and possession can be considered an act in the context of criminal law.
• Religion as an act: This is incorrect. Religion is a belief system, not an act.