Amended Complaint Resets All Defenses
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
20690_bethlehem_star_drone · CIVIL_PROCEDURE · Choice ADeny the motion only if Mary establishes supplemental jurisdiction over the amended damages theory.
Why it's attractive
This choice borrows a jurisdiction word that sounds like a threshold requirement. The breaker is that supplemental jurisdiction answers subject-matter power over claims, while the call asks whether this defendant lost a personal-jurisdiction objection.
Why it's wrong
The choice answers supplemental jurisdiction, while the call asks personal-jurisdiction waiver.
Spot it next time
Circle the jurisdiction word in the call and in the answer; cut if they do not match.
20690_bethlehem_star_drone · CIVIL_PROCEDURE · Choice CGrant the motion because lack of personal jurisdiction can never be waived.
Why it's attractive
This choice exploits the student myth that all jurisdiction defects are never-waivable. The breaker is the personal-versus-subject-matter distinction: personal jurisdiction can be waived.
Why it's wrong
The choice overclaims with never; personal jurisdiction can be waived.
Spot it next time
Separate subject-matter jurisdiction from personal jurisdiction before choosing.
20690_bethlehem_star_drone · CIVIL_PROCEDURE · Choice DGrant the motion because every amended complaint gives a defendant a fresh chance to assert all Rule 12 defenses.
Why it's attractive
This choice turns a new pleading response moment into a full procedural reset. The breaker is that a same-defendant amendment does not automatically revive Rule 12 defenses that were available and waived earlier.
Why it's wrong
The choice invents an automatic fresh-start rule for every amended complaint and all Rule 12 defenses.
Spot it next time
Ask whether the amended complaint first created the defense; same transaction and same defendant usually means no.
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