Why was the service of process on the man's wife deemed acceptable in the diversity action brought by a woman in federal court?

Get ready for the BPS I Civil Procedure Test. Utilize flashcards and multiple-choice questions with detailed explanations to boost your preparation. Excel in your exam!

In a diversity action brought in federal court, it is crucial to adhere to both federal rules and the relevant state laws regarding the service of process. The correct option indicates that service was conducted in accordance with federal law, which provides broad guidelines for when service may be executed through a family member, such as a spouse, particularly in cases where that spouse resides in the same household.

When examining this situation, the validity of the service rests on whether the federal rules, as interpreted within the context of the state laws, allow for such service. In many jurisdictions, serving a spouse who resides with the defendant is commonly accepted as valid service, assuming other conditions such as their being of appropriate age and competency apply. This can occur when the defendant is unavailable for direct service, yet service still accomplishes the goal of providing notice.

The alternative choices suggest potential issues that may arise but do not correctly characterize the situation. Specifically, the representation by the wife or the presence of the wife during the service step does not directly address the legal framework under which service must be accomplished, making these options less applicable.

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