IL Civ Pro Exam Cards

Question 1

Rule 219 (e) Voluntary Dismissals and Prior Litigation.

Answer 1

A party shall not be permitted to avoid compliance with discovery deadlines, orders or applicable rules by voluntarily dismissing a lawsuit.

Question 2

Rule 219 (c) Failure to Comply with Order or Rules.

Answer 2

If a party, or any person at the instance of or in collusion with a party, unreasonably fails to comply with any provision, the Court May:
- Enter a judgment of default or dismiss the action.

Question 3

Sec. 2-1009. Voluntary dismissal.

Answer 3

(a) The plaintiff may, at any time before trial or hearing begins, upon notice to each party who has appeared or each such party’s attorney, and upon payment of costs, dismiss his or her action or any part thereof as to any defendant, without prejudice, by order filed in the cause.
(UNLESS, a dispositive motion is on file.)

Question 4

Sec. 2-1009. Voluntary dismissal. (When a prior motion could result in final disposition).

Answer 4

(b) The court may hear and decide a motion that has been filed prior to a motion filed under subsection (a) of this Section when that prior filed motion, if favorably ruled on by the court, could result in a final disposition of the cause.

Question 5

Rule 273. Effect of Involuntary Dismissal

Answer 5

Unless the order of dismissal or a statute of this State otherwise specifies, an involuntary dismissal of an action, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join an indispensable party, operates as an adjudication upon the merits.

Question 6

Sec. 13-217. Reversal or dismissal.

Answer 6

Voluntarily dismissed claims may be re-filed within one year of dismissal or within the time limitations for bringing a claim - whichever is shorter.

Question 7

Elements of Collateral Estoppel (issue preclusion)

Answer 7

1) 1) Final judgement decided on a particular issue in prior adjudication = Identical as one in new lawsuit.
2) Final Judgement is on the merits in prior adjudication.
3) Party against whom the estoppel is asserted was a party or “In privity” with the party to the prior adjudication.

Question 8

Elements of Res Judicata:

Answer 8

1) Final Judgment on the merits by a court of competent jurisdiction.

2) An identity of cause of action.
- Transactional Test: whether COA arises out of the same transaction or occurance.
- Something you could have brought, but didn’t bring – Barred by Res Judicata.

3) An identity of parties or their privies.
- Must be the same parties, or
- Privies: Legally recognized relationship

Question 9

Rule 304. Appeals from Final Judgments That Do Not Dispose of an Entire Proceeding
(b) Judgments and Orders Appealable Without Special Finding.

Answer 9

The following judgments and orders are appealable without the finding required for appeals under paragraph (a) of this rule:

• MOTIONS TO VACATE (2-1401)
• FINDINGS OF CONTEMPT.

Question 10

Rule 304. Appeals from Final Judgments That Do Not Dispose of an Entire Proceeding

Answer 10

(a) Judgments As To Fewer Than All Parties or Claims−Necessity for Special Finding. If multiple parties or multiple claims for relief are involved in an action, an appeal may be taken from a final judgment as to one or more but fewer than all of the parties or claims only if the trial court has made an express written finding that there is no just reason for delaying either enforcement or appeal or both.

Question 11

Rule 308. Certified Questions

Answer 11

In order to successfully appeal an order pursuant to Rule 308, the Trial court must find that the order involves a question of law for which there is substantial grounds for difference of opinion, and that an appeal from the order would materially advance the ultimate termination of the litigation.

Question 12

Summary Judgment (2-1005)
(no genuine issue of material fact):

Answer 12

(d) Summary determination of major issues. If the court determines that there is no genuine issue of material fact as to one or more of the major issues in the case, but that substantial controversy exists with respect to other major issues, or if a party moves for a summary determination of one or more, but less than all, of the major issues in the case, and the court finds that there is no genuine issue of material fact as to that issue or those issues, the court shall thereupon draw an order specifying the major issue or issues that appear without substantial controversy, and directing such further proceedings upon the remaining undetermined issues as are just. Upon the trial of the case, the facts so specified shall be deemed established, and the trial shall be conducted accordingly.

Question 13

Doctrine of Forum Non Conveniens

Answer 13

Based on Considerations of Fundamental Fairness and sensible and effective judicial administration.
Balance of Private and Public Interest factors:

Question 14

1) Private Interest factors (Forum Non Conveniens)

Answer 14

• Convenience of the parties,
• ease of access to evidence,
• availability of compulsory process,
• cost to compel witnesses,
• poss. of viewing the premises.
  any and all other practical considerations to expedite trial and make it cost effective.

Question 15

2) Public Interest Factors: Forum non-conveniens

Answer 15

• Administrative difficulties due to CONGESTION
• Unfairness of imposing jury duty on residents with no connection to the litigation.
• interest of having local controversies decided locally.

Question 16

Service of Process

Answer 16

Plaintiff must use “reasonable dilligence” in obtaining service of process, or the court may dismiss.

Question 17

Privilege

Answer 17

Burden on the party claiming the privilege

Question 18

Common Interest doctrine

Answer 18

When an attorney acts for two different parties who each have a common interest, communication by either party to the attorney are not necc. privileged in sub. controvery.

Question 19

Rule 137 provides:

Answer 19

a certificate by him that he has read the pleading, motion or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

Question 20

Petitions to Vacate: Vacature

Answer 20

• To vacate must prove:
  1) Diligence in bringing the petition.
  2) He or she diligent in determining that the final judgement should not have been issued.
  3) Must show a meritorious defense.