UBE Question of the Day

Bar Exam Multiple Choice Questions

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Today's Question:

A student at a private law school filed an action against his law school in a federal court in State X. Service was made on the law school in State Y pursuant to State Y law, which permits process to be attached to the door of the defendant’s dwelling. usual place of abode, or business. State X law permits only service by mail or service upon a person of suitable age and discretion at the defendant’s dwelling or usual place of abode. The law school properly moved to dismiss the action based on improper service. How should the court rule?

(A) Grant the motion, because service was not made in accordance with State X law.

(B) Grant the motion, because federal practice requires service by personal delivery to the defendant by a U.S. Marshall.

(D) Deny the motion, because the court may authorize an alternative method of service.

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