Civil Procedure

Question 1

What are the three required elements of a complaint under Rule 8(a)?

Answer 1

1) Short and plain statement of jurisdiction, 2) Short and plain statement of the claim, 3) Demand for relief.

Question 2

What types of claims require heightened pleading under Rule 9(b)?

Answer 2

Fraud and mistake must be pled with particularity

Question 3

What does a Rule 12(b)(6) motion argue?

Answer 3

The complaint fails to state a claim upon which relief can be granted.

Question 4

What must a defendant include in their answer? (8b & c)

Answer 4

1) Admissions or denials, 2) Affirmative defenses, 3) Counterclaims/crossclaims if applicable.

Question 5

When can a party amend their pleading as of right? (15a)

Answer 5

Once within 21 days of serving it or within 21 days after a responsive pleading/motion is filed.

Question 6

What is the scope of discovery under Rule 26(b)(1)?

Answer 6

Parties may obtain information that is relevant, non-privileged, and proportional to the needs of the case.

Question 7

What must parties disclose under Rule 26(a)(1)?

Answer 7

Witnesses, documents, computation of damages, and insurance agreements.

Question 8

How many depositions can a party take without leave of court?

Answer 8

10 per side.

Question 9

What are interrogatories, and how many can be served?

Answer 9

Written questions requiring written answers; limited to 25 per party.

Question 10

What can a party request under Rule 34?

Answer 10

Documents, electronically stored information (ESI), or tangible things.

Question 11

When is work product protected from discovery?

Answer 11

When it is prepared in anticipation of litigation, unless there is substantial need and undue hardship.

Question 12

What is the purpose of a Rule 16 pretrial conference?

Answer 12

To streamline litigation by scheduling deadlines, resolving discovery issues, and discussing settlement.

Question 13

What sanctions can be imposed for discovery violations?

Answer 13

Orders to compel, dismissal, default judgment, or monetary penalties.

Question 14

When is summary judgment granted? (rule 56)

Answer 14

When there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.

Question 15

Who bears the initial burden in a summary judgment motion?

Answer 15

The moving party must show there is no genuine issue of material fact. If successful, the burden shifts to the non-moving party to show a factual dispute.

Question 16

What did Celotex establish about summary judgment?

Answer 16

A moving party can succeed without producing affirmative evidence if the non-moving party lacks evidence.

Question 17

When can a party move for JMOL?

Answer 17

After the opposing party has presented their case but before the case goes to the jury.

Question 18

When can a party move for a renewed JMOL?

Answer 18

Within 28 days after the jury verdict, but only if they previously moved for JMOL.

Question 19

What are grounds for a new trial under Rule 59?

Answer 19

Procedural errors, misconduct, newly discovered evidence, or a verdict against the weight of the evidence.

Question 20

What’s required under Rule 8(c)?

Answer 20

Affirmative defenses (e.g., statute of limitations, fraud, estoppel) must be affirmatively pleaded or are waived.

Question 21

What standard did Twombly and Iqbal establish for pleading?

Answer 21

The plausibility standard: a complaint must plead nonconclusory facts that plausibly suggest entitlement to relief.

Question 22

What are the two steps in the Iqbal plausibility test?

Answer 22

(1) Disregard legal conclusions, and (2) assess remaining facts for plausibility.

Question 23

What is Rule 11’s purpose?

Answer 23

To prevent frivolous filings—lawyers certify filings are made in good faith, with legal and factual basis.

Question 24

When must an answer be filed under Rule 12(a)?

Answer 24

Within 21 days of service (60 if waived).

Question 25

Which Rule 12(b) defenses are waived if not raised early?

Answer 25

Personal jurisdiction, venue, process, and service of process.

Question 26

When can you amend a pleading as of right under Rule 15(a)?

Answer 26

Within 21 days of service or within 21 days of a responsive pleading or motion.

Question 27

When does an amended pleading "relate back" under Rule 15(c)?

Answer 27

When it arises out of the same transaction or occurrence as the original and, for new parties, if they had notice within 90 days.

Question 28

What are valid methods of serving individuals under Rule 4?

Answer 28

Personal delivery, leaving at dwelling with someone of suitable age, or delivering to an authorized agent.

Question 29

What happens if a defendant refuses to waive service without good cause?

Answer 29

They may have to pay the cost of formal service.

Question 30

What are the four limits on discovery?

Answer 30

Relevance, privilege, proportionality, and work product.

Question 31

What must initial disclosures under Rule 26 include?

Answer 31

Names of witnesses, documents, damage computations, and insurance info.

Question 32

What is the maximum number of interrogatories allowed under Rule 33?

Answer 32

25 (including subparts), unless the court allows more.

Question 33

What happens if a party doesn’t respond to a Rule 36 request for admission?

Answer 33

The matter is deemed admitted after 30 days.

Question 34

What does Rule 37 authorize courts to do?

Answer 34

Compel discovery and impose sanctions, including dismissing the case for bad faith noncompliance.

Question 35

When is summary judgment (Rule 56) appropriate?

Answer 35

When there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.

Question 36

What did Celotex v. Catrett establish?

Answer 36

The movant need not produce evidence; it’s sufficient to show the non-movant lacks evidence on an essential element.

Question 37

What is a Rule 50(a) motion?

Answer 37

Judgment as a matter of law before a case goes to the jury—used when no reasonable jury could rule for the opposing party.

Question 38

What is Rule 59(a) used for?

Answer 38

To request a new trial due to a verdict against the weight of the evidence or procedural errors.

Question 39

What are the requirements for issue preclusion?

Answer 39

The issue must be (1) actually litigated, (2) determined, and (3) essential to the prior judgment.

Question 40

What is the difference between offensive and defensive issue preclusion?

Answer 40

Offensive: Used by a new plaintiff to prevent relitigation; Defensive: Used by a new defendant as a shield.

Question 41

What rule did Parklane Hosiery v. Shore establish about offensive preclusion?

Answer 41

It may be allowed if it’s fair, the party couldn’t have joined earlier, and there's no risk of unfairness to the defendant.

Question 42

What’s the difference between compulsory and permissive counterclaims (Rule 13)?

Answer 42

Compulsory: Same transaction or occurrence—must be raised or is waived. Permissive: Unrelated—optional.

Question 43

When can co-parties bring crossclaims under Rule 13(g)?

Answer 43

If they arise out of the same transaction or occurrence.

Question 44

What is Rule 14 (impleader) used for?

Answer 44

Allows a defendant to bring in a third party who may be liable for some or all of the plaintiff’s claim.

Question 45

What does Rule 19 address?

Answer 45

Required (necessary and indispensable) parties—when a party must be joined or the case dismissed.

Question 46

What are the requirements for intervention as of right (Rule 24(a))?

Answer 46

Timely motion, substantial interest, potential impairment, and inadequate representation by existing parties.

Question 47

What are the two steps to establish personal jurisdiction?

Answer 47

(1) A statute or rule must authorize it, and (2) it must satisfy due process.

Question 48

What is the International Shoe test?

Answer 48

A defendant must have minimum contacts with the forum such that jurisdiction doesn’t offend traditional notions of fair play and substantial justice.

Question 49

What did World-Wide Volkswagen add to the analysis?

Answer 49

Foreseeability alone isn’t enough; there must be purposeful availment.

Question 50

What did Ford Motor v. Montana clarify?

Answer 50

There must be a strong relationship between the defendant’s forum contacts and the cause of action.

Question 51

What rule does Mallory v. Norfolk Southern Railway confirm?

Answer 51

A state can require foreign corporations to consent to jurisdiction as a condition of doing business there.