Civ Pro MCQs 1

Question 1

Who can give service of process?

Answer 1

Any person who is at least 18 years old and not a party to the suit.

Question 2

Is the plaintiff’s residence a basis for determining proper venue?

Answer 2

NO

Question 3

Who can file a motion for failure to state a claim?

Answer 3

Any party against whom a claim is asserted—even a party added to a lawsuit through third-party practice (i.e., impleader)—can file a motion to dismiss for failure to state a claim.

Question 4

What must the court do when considering a motion for failure to state a claim?

Answer 4

When considering a motion to dismiss for failure to state a claim, the court must (1) treat all well-pleaded facts in the complaint as true and (2) view the evidence and draw all reasonable inferences in the light most favorable to the nonmovant.

Question 5

When can a court exercise supplemental jurisdiction?

Answer 5

A federal court will generally exercise supplemental jurisdiction over claims that fall outside its original subject-matter jurisdiction (i.e., federal-question or diversity jurisdiction) if the claims share a common nucleus of operative facts with a claim within its original jurisdiction.

Question 6

What is a deposition?

Answer 6

A deposition is a discovery method in which a party conducts a written or oral examination of a party or nonparty under oath and outside of court.

Question 7

What is an interrogatory?

Answer 7

Interrogatories are written questions served on another party that may inquire about any matter within the scope of discovery—but interrogatories CANNOT be served on a nonparty.

Question 8

When should a motion for summary judgment be granted?

Answer 8

Summary judgment should be granted if the movant shows that (1) there is no genuine dispute as to any material fact and (2) the movant is entitled to judgment as a matter of law.

Question 9

When can a party for move for a Judgment as a matter of law?

Answer 9

A party may move for judgment as a matter of law (JMOL) at any time before the case is submitted to the jury.

Question 10

What should the Court do when considering a motion for JMOL?

Answer 10

When considering a motion for JMOL, the court must (1) view the evidence and draw all reasonable inferences in favor of the nonmovant, (2) disregard any evidence favorable to the movant that the jury need not believe, and (3) not consider the credibility of witnesses or the weight of evidence.

Question 11

What are the requirements for a jury?

Answer 11

A jury must begin with at least 6 and no more than 12 members. Each juror must participate in the verdict unless excused by the court for good cause (e.g., illness, family emergency), which can occur during trial or after jury deliberations have begun. HOWEVER, unless the parties stipulate otherwise, the verdict must be unanimous and returned by at least 6 jurors

Question 12

Who can be a complainant in asserting a motion for the Court?

Answer 12

Any party to the litigation. Both a plaintiff, a defendant, or a third party plaintiff/defendant can be complainants

Question 13

When is a proposed settlement for a federal class action valid?

Answer 13

A proposed settlement of a federal class action must be approved by the court to be valid. The proposed settlement may be approved only after the court holds a hearing and issues findings that the settlement is fair, reasonable, and adequate.

Question 14

Over what type of cases is the court NOT allowed to exercise diversity jx?

Answer 14

Cases involving probate matters (E.g., authenticating a will) and cases involving domestic matters (E.g., issuing a divorce or modifying an award for alimony)

Question 15

What is the “100 mile bulge rule”

Answer 15

The “100-mile bulge rule” establishes personal jurisdiction over a party (1) added to the suit through impleader (I.e., third party practice) or required joinder and (2) served with process within 100 miles of the federal court where the suit is pending.

Question 16

What is the special rule for venue when dealing with foreign defendants?

Answer 16

In this situation, venue is proper in ANY judicial district—including a district in the state where the P resides.

Question 17

What is the effect of juror polling?

Answer 17

A court must on a party’s request, or may on its own initiative, poll the jurors individually after a verdict is returned but before the jury is discharged. If the poll reveals that the verdict is not unanimous, the court can direct the jury to deliberate further OR order a new trial.

Question 18

What is the purpose of a motion for JMOL?

Answer 18

A motion for judgment as a matter of law is used to remove a case from the jury’s consideration when there is legally insufficient evidence for a reasonable jury to find in the nonmovant’s favor.

Question 19

When is a renewed motion for JMOL timely filed?

Answer 19

The motion can be renewed within 28 days after the entry of judgment to seek to overturn an adverse verdict.

Question 20

When is diversity of citizenship determined?

Answer 20

Diversity of citizenship exists when the opposing parties are citizens of different states at the time the complaint is FILED (NOT when the cause of action arose).

Question 21

How does choice of law work in diversity actions?

Answer 21

In diversity actions, state law controls substantive issues and federal law controls procedural issues

Question 22

How does choice of law work in federal question actions?

Answer 22

When a claim arises under federal-question jurisdiction, the court must apply federal law to procedural and substantive issues.

Question 23

What is the due process requirement for service of process?

Answer 23

Due process requires that a defendant be reasonably apprised of the pending suit and afforded an opportunity to present objections. Therefore, the plaintiff must notify the defendant of the lawsuit by the most reasonable means under the circumstances.

Question 24

What are the exceptions to a party being able to conduct an oral deposition without the court’s leave or the parties’ stipulation?

Answer 24

A party may conduct an oral deposition without the court’s leave or the parties’ stipulation unless (1) the deposition exceeds the 10-deposition limit, (2) the deposition is sought before the initial planning conference, or (3) the deponent was already deposed in the case.

Question 25

When does the Class Action Fairness Act gives a federal court an alternative basis for subject-matter jurisdiction over a class action?

Answer 25

The Class Action Fairness Act gives a federal court an alternative basis for subject-matter jurisdiction over a class action when (1) the class contains 100 members, (2) at least one class member is diverse from at least one defendant, and (3) the amount in controversy of the aggregated claims exceeds $5 million.

Question 26

Is the Court allowed to shorten or lengthen the time the D has to answer a complaint/amended complaint?

Answer 26

Yes. The court may shorten or extend these deadlines, and the response must be made according to the court-ordered deadline.

Question 27

How do you preserve an error in jury instructions?

Answer 27

To challenge a jury instruction on appeal, a party must preserve the issue at trial by timely objecting to the instruction on the record and stating the grounds for the objection. An objection is timely if it is made promptly after learning that a jury instruction has been or will be given OR that a request for a jury instruction has been refused.

Question 28

What is a subpoena duces tecum?

Answer 28

When a nonparty possesses a document or item that is relevant to a lawsuit, a party may issue a subpoena to compel the nonparty to produce the document or item

Question 29

What is the process of post trial correction of mistakes?

Answer 29

Before an appeal is docketed in the appellate court, a district court can correct a mistake in a judgment, order, or other part of the record on its own initiative or pursuant to a party’s motion. But after an appeal has been docketed, the district court can correct the mistake only with the appellate court’s leave.

Question 30

When can a party get relief from a final judgment?

Answer 30

A party may obtain extraordinary relief within ONE year of the entry of a final judgment based on (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence, or (3) an opposing party’s fraud, misrepresentation, or misconduct.

Question 31

What is the doctrine of claim preclusion?

Answer 31

Claim preclusion (i.e., res judicata) prohibits identical parties from relitigating a claim after any court enters a valid final judgment on the merits on an identical claim. Claims are identical if they (1) arise from the same transaction, occurrence, or series thereof and (2) could have been raised in the first action.