MBE CIV PRO

Question 1

Three situations where a foreign state may be sued (including agents/political subdivisions)

Answer 1

1. Commercial activity
2. Committing a tort in the US
3. Violating international law

Question 2

The two bases a Def May set aside a judgment? (Often after default)

Answer 2

Jx issues and fraud

Question 3

expert reports are discoverable as long as_____________
Includes drafts?

Answer 3

Expert is testifying at trial.
Includes drafts ✅✅

Question 4

3 situations a P may voluntarily dismiss without a court order

Answer 4

1. Stipulation
2. Serviced NODismissal before responsive PL served
3. Or before evidence is introduced at hearing/trial

Question 5

3 considerations for setting aside a default judgment

Answer 5

1. Def’s failure to act = willful?
2. Any prejudice to Ptf?
3. If Def’s claims have any merit

Question 6

The two options upon motion for remittur

Answer 6

New trial or non-Movant consents to reduce the verdict

Question 7

When a P who has been mentally examined for a condition at issue exercises right to request records, what effect does it have on his later testimony?
What is the P that originally requested the exam entitled to?

Answer 7

Waives privilege re condition

Other P is now entitled to previous reports of examinees condition

**all unnec upon stip

Question 8

Two options when a jury poll reveals the verdict was not unanimous

Answer 8

Further deliberations or new trial

Question 9

In cases of removal in diversity, removal is time barred after how long?

Answer 9

1 year

Question 10

If a court cannot join a necessary P (usually due to lack of service or SMJ), it must ________________ to determine if it should dismiss.
This approach considers what 3 factors?

Answer 10

Balance the equities-
1. Duration of suit thus far
2. Alternative forums
3. Expenses incurred

Question 11

Fed court invalidly rules on a Def’s PJx. Can the appeals court hear this?

Answer 11

No (appeals court lacks jx since no FJOTM. ALSO appeals need to be file certified)

Question 12

Jury Demand Rule

Answer 12

A jury demand must be made within 14D of the last PLEADING directed to the issue.

Question 13

Notice requirement on a Def for default judgment

Answer 13

7D

Question 14

Will a dismissal w/ prejudice be considered a FJOTM

Answer 14

Yes ✅😦

Question 15

3 conditions for a court ordered physical or mental exam for discovery purposes

Answer 15

Must be a P
Condition must be @ issue
And physician must be licensed / certified