Civ Pro

Question 1

When may a party amend its pleading?

Answer 1

As a matter of right within 28 days of service of pleading.

Otherwise, need leave of court.

Question 2

When must party respond to amended pleading?

Answer 2

Within 14 days of service, or in the period of time remaining from when the original pleading was filed, whichever is longer.

Question 3

When does claim relate back when it changes the party against whom it is asserted?

Answer 3

If:

(1) it arose out of same T/O;
(2) it won’t cause him prejudice and he knows or should have known that he was the proper party, but for mistake.

Question 4

How many alternate jurors?

Answer 4

4

Question 5

What are requirements for verdict?

Answer 5

Must be in writing; must be signed by each concurring juror.

Question 6

How is court’s involvement with class action different from normal civil action?

Answer 6

It may not be dismissed or settled without court approval.

Question 7

How long must a party attempt to serve process?

Answer 7

For 28 days.

If unable, plaintiff should file instructions for service with court and return copies he tried to serve for entry on docket.

Question 8

List requirements to make personal service:

Answer 8

1. Must not be party to action;
2. must be adult;
3. must be designated by court order

Question 9

In what types of actions may service be made by publication?

Answer 9

Real property

Probate

Defendant is Ohio corporation, but has not place of business in Ohio.

Defendant is Ohio resident, but has left Ohio.

Question 10

How can plaintiff dismiss claims?

Answer 10

Filing notice of voluntary dismissal if no counterclaims pending; or

Filing stipulation of dismissal signed by all parties

Question 11

When is a counter-claim compulsory?

Answer 11

1. arises out of same T or O;

2. Existed at time of pleading

Question 12

Permissive interpleader:

Answer 12

• statute gives court discretion to let him interplead; and
• he alleges that his interest will not be adequately protected or exposed to multiple or inconsistent liability if not allowed to join

Question 13

Interpleader as of right:

Answer 13

Statute gives the right

Question 14

When can default judgment be entered against minor?

Answer 14

Only if he is represented and his representative has appeared in the action

Question 15

When can a party move for judgment on the pleadings?

Answer 15

When pleadings are closed, but can’t wait so long as to delay the trial.

Question 16

What is standard for judgment on the pleadings?

Answer 16

If plaintiff is not entitled to relief asserted in complaint under no set of facts.

Question 17

When is magistrate’s decision final?

Answer 17

Only if it is adopted by court

Question 18

What are grounds for granting new trial?

Answer 18

Newly discovered evidence

Excessive/too low verdict

Verdict contrary to law

Not sustained by weight of the evidence

Error of law

Misconduct of jury/prevailing party

Accident/surprise

Question 19

When must motion for new trial be made?

Answer 19

Within 14 days

Question 20

What will court do if joinder not feasible?

Answer 20

Determine whether action should proceed or be dismissed because party who can’t be joined is “indispensable”

Question 21

What are factors for deciding if case should continue despite inability to join indispensable party?

Answer 21

Prejudice to parties;

Whether judgment without indispensable party would be adequate;

How court can shape relief to lessen prejudice?

Question 22

What is standard for TRO?

Answer 22

Must show:

1. danger of imminent and irreparable harm;
2. applicant’s attorney certifies efforts taken to give notice and why notice shouldn’t be required

Question 23

Over what actions do Ohio Supremes have jurisdiction?

Answer 23

Mandamus

Habeas Corpus

Admission to practice of law

Question 24

Limit on punitives for individual defendant/small employer:

Answer 24

10% of net worth or max of $350K

Question 25

What is cutoff to file MSJ if no governing court order?

Answer 25

Once case is set for pretrial or trial

Question 26

How must plaintiff name party if he does not know name?

Answer 26

Must aver that he does not know name and could not discover it.

Pleading must state “name unknown” somewhere.

Question 27

What is size of civil jury?

Answer 27

8, unless lower number demanded.

Question 28

When can motion for directed verdict be made?

Answer 28

• Opposing statement of opponent
• At close of opponent’s evidence; or
• At close of all evidence

Question 29

List elements of claim preclusion:

Answer 29

1. prior suit that proceeded to final judgment on the merits;
2. present suit arises out of same claim;
3. same claimant against same defendant or privity

Question 30

List elements of issue preclusion AKA collateral estoppel:

Answer 30

1. Prior litigation that raised identical issue;
2. Issue was actually litigated;
3. party against whom estoppel is being asserted had fair and full chance to litigate it;
4. issue was necessarily decided and rendered as necessary part of judgment

Question 31

What is SOL for defamation, medical malpractice?

Answer 31

1 year

Question 32

What is SOL for trespass/conversion/fraud?

Answer 32

4 years

Question 33

What is SOL for bodily injury or property injury?

Answer 33

2 years

Question 34

SOL for contracts?

Answer 34

If oral > 6 years

If written > 8 years