Bar: Misc

Question 1

Joinder is compulsory if…

Answer 1

Joinder is compulsory if:

1. Court could not provide complete relief without that party; OR
2. If the absent party could not protect an interest in the proceedings.

Question 2

Impleader is used when there is an allegation that a third-party will _______________________________.

Answer 2

Impleader is used when there is an allegation that a third-party will owe the defendant if the plaintiff wins.

Question 3

Parties may obtain discovery of any _______ matter that is relevant to any party’s claim or defense and proportional to the needs of the case.

Answer 3

Non-privileged.

Parties may obtain discovery of any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case.

Question 4

Unless a different time is set by court order or stipulation, within __ days after the meeting the parties must provide the names, addresses, and telephone numbers of individuals likely to have discoverable information that the disclosing party may use to support its claims or defenses (unless needed solely for impeachment).

Answer 4

14 days

Unless a different time is set by court order or stipulation, within 14 days after the meeting the parties must provide the names, addresses, and telephone numbers of individuals likely to have discoverable information that the disclosing party may use to support its claims or defenses (unless needed solely for impeachment).

Question 5

During discovery, electronically stored information need not be produced if the responding party identifies it as:
response - correct

A Not easily accessible

B Not stored in the form requested

C Not accessible without incurring additional cost

D Not reasonably accessible because of undue burden or cost

Answer 5

D Not reasonably accessible because of undue burden or cost

During discovery, electronically stored information need not be produced if the responding party identifies it as from a source that is not reasonably accessible because of undue burden or cost.

Question 6

Venue is considered to be waived unless….

Answer 6

Venue is considered to be waived unless a timely objection (in a pre-pleading motion or, where no such motion is made, in the answer) is made to the improper venue.

Question 7

When a transfer is based on the ground that venue was improper, which law applies in the transferee court?

A) The law of transferring court
B) The law of the transferee court

Answer 7

B) The law of the transferee court

A transfer on the ground that the original choice of venue was improper generally results in a change of the law applicable under the Erie doctrine; i.e., the law of the state in which the transferee court sits now applies.

Question 8

If Defendants do not object to either lack of personal jurisdiction or venue when _______________, they have effectively consented to the jurisdiction of the court on these issues.

Answer 8

In their answer.

If defendants do not to object to either lack of personal jurisdiction or venue in their answer, they have effectively consented to the jurisdiction of the court on these issues.

Question 9

When may a defending party properly implead a third-party?

Answer 9

A defending party may implead a nonparty if the nonparty is or may be liable to the party for any part of a judgment that the plaintiff may recover against it.

Because the defendant is claiming that the third-party is liable for the defendants liability to the plaintiff, it may implead the third-party.

Question 10

Federal trial courts are required to apply a _______ when considering a motion for a new trial based on the excessiveness of the verdict.

A
Federal law standard

B
State or federal law standard, in the court’s discretion

C
State law standard

Answer 10

C
State law standard

Federal trial courts are required to apply a state law standard when considering a motion for a new trial based on the excessiveness of the verdict.

Question 11

An issue not raised by the pleadings is treated as if it was raised in the pleadings if _____________________________.

Answer 11

An issue not raised by the pleadings is treated as if raised in the pleadings if is tried by the parties’ express or implied consent.

Question 12

If parties bring suit in federal court alleging both legal and equitable claims, and a party demands a jury trial, how will the court proceed to decide the legal and equitable claims?

Answer 12

If legal and equitable claims are joined in one action involving common fact issues, the legal claim is tried first before the jury, and then the equitable claim is tried to the court.

The jury’s finding on fact issues will bind the court in the equitable claim, which the judge will then decide.

Question 13

Review under the Interlocutory Appeals Act is discretionary with the court and may be available when:

1) ________________
2) ________________
3) ________________

Answer 13

Review under the Interlocutory Appeals Act is discretionary with the court and may be available when:

(i) the trial judge certifies that the order involves a controlling question of law as to which there is substantial ground for a difference of opinion;
ii) and an appeal would materially advance the conclusion of the case, and
(iii) at least two appellate court judges agree to hear the appeal.

Question 14

As a general rule, a notice of appeal must be filed with the district court within ____ days from the entry of judgment.

Answer 14

30

As a general rule, a notice of appeal must be filed with the district court within 30 days from the entry of judgment.

Question 15

When a court grants summary judgment on some but not all of the claims in an action, the court’s order is not final and thus not appealable unless….

Answer 15

When a court grants summary judgment on some but not all of the claims in an action, the court’s order is not final and thus not appealable unless the court expressly determines that there is no just reason to delay entry of judgment.

Unless the trial judge makes that express determination, its order determining the merits of fewer than all of the claims is not a final judgment and thus is not appealable.

Question 16

When an appellate court reviews a trial court’s ruling on a post-trial motion for judgment as a matter of law (including a renewed one), it employs a __________ standard of review.

Answer 16

De Novo.

When an appellate court reviews a trial court’s ruling on a post-trial motion for judgment as a matter of law (including a renewed one), it employs a de novo standard.

It does so because the issue is one of law.

Question 17

Which party or parties can exercise the right of removal?

A
The plaintiff, the defendant, or the court

B
Only the plaintiff

C
Only the defendant

D
The plaintiff or the defendant

Answer 17

Which party or parties can exercise the right of removal?

B
Only the plaintiff

A plaintiff cannot exercise the right of removal, even on the ground that a counterclaim against him could have been brought independently in a federal court.

The court cannot remove a case on its own motion.

Question 18

When a defendant attempts to remove a case from state court to federal court, the state court _______ have had subject matter jurisdiction over the case.

A
Need not

B
Must

C
Must not

Answer 18

A
Need not

By statute, the state court need not have had subject matter jurisdiction over the case. A federal court may decide a claim in a removed civil action even if the state court had no subject matter jurisdiction.

Question 19

Which of the following statements regarding the parties involved provides a sufficient basis for applying claim preclusion?

A
The earlier and the latter causes of action involved the same parties

B
The earlier and the latter causes of action were brought by the same claimant against the same defendant

C
The earlier and the latter causes of action were brought against the same defendant

Answer 19

C
The earlier and the latter causes of action were brought against the same defendant

For res judicata to apply, the earlier and latter causes of action must be brought by the same claimant against the same defendant.

Question 20

Claim Preclusion (Res Judicata) requires:

1) ________________
2) ________________
3) ________________

Answer 20

Claim Preclusion (Res Judicata) requires:

1) Valid, final judgment on the merits
2) The cases were brought by the same claimant against the same defendant
3) The same cause of action is involved in later lawsuit

Question 21

Summary Judgment should be granted when ….

Answer 21

there is no genuine dispute of material fact.

Summary Judgment should be granted in cases where there is no genuine dispute of material fact.

Question 22

Third-party claims may be asserted by a defendant only if…

Answer 22

The defendant seeks to obtain recovery from the third-party, and that recovery must be for the third-party’s liability to the defendant.

A defendant may not assert a claim against a third-party if the defendant is asserting that the third-party was solely responsible for plaintiff’s injury, and that defendant was not responsible at all.

Question 23

A third-party may assert a claim against the plaintiff if the claim….

Answer 23

A third-party may assert a claim against the plaintiff if the claim arises out of the same transaction/occurrence as the plaintiff’s original claim.

Question 24

Parties must provide the names of individuals likely to have discoverable information that the party may use to support its claims/defenses _____________________.

A. If a discovery request is submitted by opposing party
B. Regardless of whether a discovery request is submitted by opposing party

Answer 24

B. Regardless of whether a discovery request is submitted by opposing party

Parties must provide names of individuals likely to have discoverable information without waiting for a discovery request, as an initial disclosure.

Question 25

Objections to venue are waived if not _________________________________.

Answer 25

Asserted in a defendant’s first response to the complaint, whether the response is the answer or a Rule 12(b) motion.

Question 26

If punitive damages are available, punitive damages ____ be considered when determining whether the amount in controversy requirement ($75k) is satisfied.

A. May
B. May not

Answer 26

A. May

If punitive damages are available, punitive damages may be considered when determining whether the amount in controversy requirement ($75k) is satisfied.

Question 27

Objections to personal jurisdiction may be asserted by a defendant in either ______ or ___________, so long as ______________________________.

Answer 27

Pre-answer motion; answer; the objection is asserted in the defendant’s first response.

Objections to personal jurisdiction may be asserted by a defendant in either the defendant’s pre-answer motion or answer, so long as the objection is asserted in the defendant’s first response.

Question 28

What does Rule 22 Interpleader require?

Answer 28

Under Rule 22 Interpleader, the normal rules of subject matter jurisdiction apply. There must be either:

1. Federal question jurisdiction; or
2. Complete diversity AND amount in controversy over $75,000

Question 29

A district court order granting or denying the certification of a class action can be appealed within ____ days of entry of the order.

Answer 29

A district court order granting or denying the certification of a class action can be appealed within 14 days of entry of the order.

Question 30

When may a judge offer a plaintiff remittitur?

Answer 30

A judge may offer remittitur if the judge believes the jury’s compensatory damages award is “so excessive as to shock the conscience” or if the award meets the state standard for excessiveness.

Question 31

A party is considered to have waived any objections to the form of questions submitted to a jury in a Special Verdict case, if that party did not _______________________.

Answer 31

Object to the questions when they were given to the jury.

A party is considered to have waived any objections to the form of questions submitted to a jury in a Special Verdict case, if that party did not Object to the questions when they were given to the jury.

Question 32

Generally, if a motion to compel is granted, the court _____ require the opposing party to pay the movant’s reasonable expenses incurred in making the motion.

A. May
B. Must

Answer 32

B. Must

Generally, if a motion to compel is granted, the court must require the opposing party to pay the movant’s reasonable expenses incurred in making the motion.

Question 33

Under what exceptions is a court not bound to require a party to pay the movant’s reasonable expenses, when the court orders a motion to compel?

1) ________________
2) ________________
3) ________________

Answer 33

Exceptions to mandatory payment of reasonable expenses following Motion to Compel:

1) Movant filed Motion to Compel before attempting to seek production without a court order
2) Nondisclosure by party was substantially justified
3) Other circumstances exist that make an award of expenses unjust

Question 34

Under the Erie Doctrine, in an exercise of diversity jurisdiction, a federal court is required to apply the substantive law of ________________, and to apply the procedural law of _________________.

Answer 34

the state in which the federal court is sitting; the federal court system.

Under the Erie Doctrine, in an exercise of diversity jurisdiction, a federal court is required to apply the substantive law of the state in which the federal court is sitting, and to apply the procedural law of federal courts. .

Question 35

Federal Venue in civil actions is proper where:

1) ________________
2) ________________

Answer 35

Federal Venue in civil actions is proper where:

1) The district where any defendant resides, if all defendants are residents of the state in which the district is located
2) The district in which a substantial part of the events giving rise to where the claim occurred.

Question 36

Documents prepared in anticipation of litigation by a party or its representatives are not discoverable, unless the opposing party can show…

1) ________________
2) ________________

Answer 36

Documents prepared in anticipation of litigation by a party or its representatives are not discoverable, unless the opposing party can show…

1) Substantial need
2) The material cannot be obtained in an alternative way without undue hardship

Question 37

Which standard of review applies to judicial decisions regarding admissibility of evidence?

Answer 37

Questions regarding admissibility of evidence are reviewed on appeal using an abuse-of-discretion standard.

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,

Question 38

True or false:

A plaintiff may file a jury trial demand in the plaintiff’s initial pleading.

Answer 38

True.

Federal Rule 38(b)(1) provides specifically that a jury trial demand may be included in a pleading.

Therefore, including it in a properly filed and served complaint secures the right.