Bar Exam Drills

Question 1

Service on individual defendants and authorizes service on a person of “suitable age and discretion” only when service is made at ____.

Answer 1

defendant’s “dwelling or usual place of abode,” not at the defendant’s workplace

Question 2

A jury trial demand may be included in ____.

Answer 2

a pleading (properly filed and served complaint secures the right)

Question 3

A defendant may serve a third-party claim only on ____.

Answer 3

a nonparty “who is or may be liable to it for all or part of the claim against it” (this means that the basis of the claim must be derivative liability - indemnification or contribution)

Question 4

Nonmovant on a motion for summary judgment to submit ____.

Answer 4

an affidavit or declaration stating that more time is needed to take discovery before responding

Question 5

The affidavit or declaration must specify ____.

Answer 5

what that discovery will be and how it will help in resisting the motion

Question 6

A determination as to whether evidence is irrelevant or highly prejudicial and should be excluded is within the trial court’s discretion because it requires an understanding of the entire case and the factual context in which the evidence is being offered. Therefore, it is reviewed on appeal using ____.

Answer 6

an abuse-of-discretion standard

Question 7

The court must let the jury’s verdict stand if there is ____ - supporting the verdict, assuming that the jury resolved all disputed issues in the plaintiff’s favor.

Answer 7

substantial evidence - more than a scintilla (a tiny trace)

Question 8

Claim preclusion prevents a claimant from:

Answer 8

splitting his cause of action

Question 9

When the claimant loses a judgment, all possible grounds for relief arising out the same transaction or occurrence are ____.

Answer 9

barred in future litigation between the same parties

Question 10

The federal removal statue provides that a case “may be removed by the defendant or the defendants.” Courts have uniformly interpreted that language to mean that ____.

Answer 10

plaintiffs cannot remove their own cases to federal court

Question 11

____ law governs transfers of venue.

Answer 11

federal

Question 12

The Supreme Court has held that when there is a mandatory forum-section clause, the action must be ____.

Answer 12

transferred to the indicated federal district unless there are compelling reasons to the contrary

Question 13

The Supreme Court held that when both legal and equitable issues are presented in a case, a court must submit the ____ to the jury first and then the court can ____.

Answer 13

(a) legal issues
(b) resolve any remaining equitable issues

Question 14

An appellate court cannot set aside a trial judge’s findings of fact unless the findings are clearly erroneous, giving ____.

Answer 14

due regard to the trial judge’s opportunity to determine witness credibility

Question 15

Rule 33 permits a party to serve up to ____ interrogatories without leave of court or the consent or stipulation of the adverse party.

Answer 15

25

Question 16

As a general rule, the parties may not serve discovery until ____.

Answer 16

after discovery planning conference

Question 17

When a case is tried to the court, the judge must “____.”

Answer 17

find the facts specially and state the conclusions of law separately (findings and conclusions)

Question 18

The preclusive effect of a judgement is determined by the law of the ____.

Answer 18

rendering - not the receiving jurisdiction