Federal Rules of Civil Procedure

Question 1

A party may seek a preliminary injunction when:

Answer 1

(i) the plaintiff will suffer irreparable harm if the injunction is not granted; (ii) the harm to the plaintiff outweighs the harm to the defendant; (iii) the plaintiff shows that he is likely to be successful on the merits; and (iv) the public interest favors granting the injunction.

Question 2

If irreparable injury will occur before the hearing on the preliminary injunction can be held, a party may seek a _____________ to reserve the status quo until the hearing.

Answer 2

temporary restraining order

Question 3

The defendant must raise the following defenses the first time he files a motion or answer (whichever is first):

Answer 3

(i) lack of personal jurisdiction
(ii) improper venue
(iii) insufficiency of process
(iv) insufficiency of service of process

Question 4

The following defenses can be made at any time before trial or during trial:

Answer 4

failure to state a claim upon which relief can be granted and failure to join an indispensable party

Question 5

A defendant who was formally served must present an answer within ____ days.

Answer 5

21

Question 6

A defendant who waives formal service must answer within ____ days after the request for waiver was mailed to her.

Answer 6

60

Question 7

compulsory joinder (indispensable parties)

Answer 7

In certain situations, a plaintiff must join all interested parties or face dismissal of the lawsuit. Compulsory joinder asks three questions:

1. Should the absentee be joined
2. Can the absentee be joined
3. If the absentee cannot be joined, should the action proceed?

Question 8

In compulsory joinder, the absentee should be joined when

Answer 8

(i) complete relief cannot be granted among the other parties to the lawsuit in the party’s absence; or
(ii) the absentee has such an interest in the subject matter that a decision in his absence will either impair or impede his ability to protect the interest or leave any of the other parties subject to a substantial risk of incurring multiple or inconsistent obligations.

Question 9

In compulsory joinder, if the court has personal jurisdiction over the absentee, and the absentee’s presence does not destroy SMJ (diversity) or venue, the absentee

Answer 9

must be joined.

Question 10

In compulsory joinder, if the court does not have PJ over the absentee or the absentee’s presence would destroy SMJ (diversity) or venue, the next step is

Answer 10

to determine if the action should proceed without the absentee.

Question 11

In compulsory joinder, if the absentee cannot be joined, the court should look to:

Answer 11

(i) the extent of prejudice to the absentee or available parties;
(ii) the extent to which such prejudice can be reduced or avoided;
(iii) the adequacy of a judgment rendered without the absentee; and
(iv) whether the party will have an adequate remedy if the case is dismissed for nonjoinder.

Question 12

Permissive joinder

Answer 12

Parties may join as plaintiffs or be joined as defendants whenever; (i) some claim is made by each plaintiff and against each defendant relating to or arising out of the same series occurrences or transactions; and (ii) there is a question of fact or law common to all parties.

Question 13

Three types of discovery disclosures are required:

Answer 13

(i) initial disclosures,
(ii) disclosure of expert testimony, and
(iii) pretrial disclosures

Question 14

Work product of a party or her representative, made in anticipation of litigation, is discoverable only upon showing

Answer 14

substantial need and to avoid undue hardship

Question 15

Summary judgment may be granted if

Answer 15

there is no genuine dispute of material fact.

Question 16

Judgment as a Matter of Law

Answer 16

allows judgment to be granted for either party if the court finds that a reasonable jury would have have a legally sufficient basis to find for the nonmoving party (evidence must be viewed in light most favorable to nonmoving party)

Question 17

Renewed Motion for Judgment as a Matter of Law

Answer 17

• may be filed no later than 28 days after entry of judgment

- must have previous filed JMOL

Question 18

A Motion for New Trial must be filed no later than

Answer 18

28 days after judgment.

Question 19

claim preclusion (res judicata)

Answer 19

Once a final judgment on the merits has been rendered on a particular cause of action, the plaintiff is barred from trying the same cause of action in a later lawsuit.

Question 20

issue preclusion (collateral estoppel)

Answer 20

A final judgment for the plaintiff or defendant is conclusive in a subsequent action on a different cause of action between the same parties, as to issues actually litigated and essential to the judgment in the first action.

Question 21

Generally, only a _____ order is appealable.

Answer 21

final

Question 22

A final order is one that

Answer 22

disposes of the whole case (i.e., all claims and all parties) on the merits.

Question 23

Under the Federal Rules, when multiple claims or multiple parties are involved in an action, the court may enter a final judgment as to fewer than all of the claims or parties on

Answer 23

(i) an express determination that there is no just reason for delay, and (ii) an express direction for the entry of judgment.

Question 24

Unless the trial judge makes the express determination, the order determining the merits of fewer than all of the claims or dismissing fewer than all of the parties is

Answer 24

not a final judgment and is not appealable.

Question 25

class action certification

Answer 25

(i) numerosity of parties
(ii) common questions of law or fact
(iii) named party’s claims are typical of all (typicality)
(iv) fair and adequate representation of all
(v) the action falls into one of three types: (a) risk of inconsistent results; (b) injuctive or declaratory relief on ground applicable to all; (c) common questions predominate and combining is best method

Question 26

In a “common question” class action, a judge may refuse to approve a settlement of a class action unless the class members are given

Answer 26

a second opportunity to opt out.

Question 27

An entry of default may be set aside for

Answer 27

good cause shown.

Question 28

time limit to file a motion for relief from judgment to correct clerical mistakes

Answer 28

no time limit

Question 29

The Federal Interpleader Act provides special rules for dealing with subject matter jurisdiction, personal jurisdiction, and venue. Under the act, interpleader can be brought if

Answer 29

any two claimants are citizens of different states and the amount in controversy is $500 or more (complete diversity is not required).