____T____F 33. In the New Jersey Superior Court, a judgment by default against a Defendant may be entered in any type of action, and not just on a book account or breach of contract, upon the filing and service of a Motion, with Affidavits and exhibits annexed, stating the amount due from the Defendant, and requesting the Judge sign the Order prepared by the moving party, entering Final Judgment by Default.

True Or False

____T____F 34. In the New Jersey Superior Court underRule 4:50-1,et.seq. and the Federal District Court, underRule 60(b), a final judgment by default may be set aside under certain circumstances, like fraud or excusable neglect but the party moving to vacate the default musts prove the defendant has a "meritorious defense" to the allegations outlined in the Complaint.

True Or False

CHAPTER EIGHT

____T____F 35. A permanent injunction may be granted by the Court at any time, including before the trial of the case and final adjudication, on the merits of all claims.

True Or False

____T____F 36. In the Federal District Court, the purpose of a temporary restraining order entered underF.R.C.P. 65(b) is to maintain the "status quo" until a hearing, upon notice to all parties, can be held, before the Judge.

True Or False

____T____F 37. In the Federal District Court,Rule65 requires the applicant for a Temporary Restraining Order (TRO) to demonstrate specific facts through a Verified Complaint or witness affidavits, that "immediate and irreparable injury or harm will occur if the Court fails to enter the Temporary Restraining Order (TRO).

True Or False

____T____F 38. UnderF.R.C.P. 65(b), the attorney for the moving party requesting a "TRO" need not certify in writing "the efforts, if any, which have been made, to give notice to the other party," or "the reasons why notice should not be required."

True Or False

____T____F 39. Where a "TRO" is being sought, the allegations in the Verified Complaint will form the factual basis for the motion requesting a Temporary Restraining Order, preliminary injunction, or permanent injunction.

True Or False

____T____F 40. It is not necessary, that the moving party demonstrate, in the moving papers, there is no adequate remedy at law, and that immediate and irreparable injury or harm will occur, before a "TRO" will be entered, by the Court.

True Or False

____T____F 41. An attachment is a legal process in which someone's property is seized to satisfy a judgment that has not yet been entered by the Court.

True Or False

____T____F 42. Attachment of the defendant's property to satisfy a possible judgment not yet entered by the Court is available to Plaintiffs in both contract and tort cases.

True Or False

____T____F 43. A Writ of Attachment requires the party requesting the attachment to file with the Court and serve upon the Defendant a Notice of Motion with an Affidavit or Certification in support of the Motion demonstrating all the grounds for an attachment exist, but it is not necessary to demonstrate in the moving papers that it is "more likely than not" that Plaintiff will prevail against the Defendant at trial.

True Or False