MCQ Questions

Question 1

When is diversity jurisdiction determined?

Answer 1

At the time the suit is filed

Question 2

When can a federal court create federal common law?

Answer 2

1) federal or constitutional interests are at stake
2) Congress has inadequately addressed the situation concerned
3) application of individual state laws in various jxdns would create unacceptable levels of diversity or uncertainty

Question 3

When are interlocutory orders for injunctive relief not appealable?

Answer 3

If a similar suit is pending in state court

Question 4

How many days must a written demand for trial by jury be served after service of the last relevant pleading?

Answer 4

Within 14 days after service of the last relevant pleading (failure to do so leads to waiver)

Question 5

What happens if a federal statute does not provide a federal remedy for a violation?

Answer 5

Then there is no federal jurisdiction

Question 6

What is the doctrine of claim preclusion?

Answer 6

Prevents relitigation of a claim or all claims:
1) between same parties and those who are in privity with them
2) arising out of the same transaction or occurrence
3) that were determined on the merits by a court with proper SMJ and PJ

Question 7

What is the federal rule for juries rendering a verdict?

Answer 7

All jurors must participate in the verdict unless they are excused

Question 8

What is issue preclsuion?

Answer 8

Prevents relitigation of issues that were fully and fairly litigated

Courts will base their determination on the following:
1) whether P in the second suit could have easily joined in the first action
2) Whether there are procedural opportunities available to the D in the second suit that were unavailable in the earlier action
3) Whether the D had incentive to litigate issue in the first action

Question 9

Explain the timeliness of objections to jury charges

Answer 9

Objections have to be made both:
1) before closing arguments and
2) before instructions are read to the injury

Question 10

What does the Erie Doctrine State?

Answer 10

That a federal court hearing a state law claim in a case based on diversity or supplemental jurisdiction must apply the substantive law of the state in which the court sits

State law applies if law that deals with substantive rights and federal courts will use federal procedural rules

Question 11

When does the erie doctrine apply?

Answer 11

When:
1) the court has subject matter jurisdiction over a case based on diversity or supplemental jurisdiction
2) state law that would apply conflicts with federal rule, statute, doctrine, or procedure at issue

Question 12

When is summary judgment appropriate?

Answer 12

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

Question 13

What must a plaintiff produce when a defendant makes a motion for summary judgment?

Answer 13

A plaintiff must produce evidence in support of each element of the cause of action (can’t rely on bare allegations in the complaint)

Question 14

Is a dismissal for failure to prosecute a dismissal with or without prejudice?

Answer 14

With prejudice (unless the dismissal order states otherwise)

Question 15

When does a defendant waive an affirmative defense?

Answer 15

If he does not raise it in his first responsive pleading

Question 16

How many jurors must a jury start and end with?

Answer 16

A jury must begin with at least six members and no more than 12 jurors

Question 17

Under the traditional rules of pleading, what must a pleading that states a claim for relief must contain?

Answer 17

Must contain a short and plain statement of:
1) grounds upon which court’s jxdn rests
2) statement of a claim (which if true would entitle claimant to relief; and
3) demand of relief

A short and plain statement of the facts must include sufficient factual matter to state a plausible claim (under Bell Twombly)

Question 18

What are the three categories that a lawyer may ask the court to excuse any juror for cause?

Answer 18

1) general disqualification (e..g felony conviction or other inherent disqualification)
2)implied bias
3) actual bias

Question 19

Where is venue proper?

Answer 19

1) district in which any defendant resides (if each of the Ds reside in the same state); or
2) district where substantial portion of the events occurred

Question 20

When MUST the court join a party?

Answer 20

1) in party’s absence, court cannot grant complete relief amongst existing parties; OR
2) party claims an interest relating to the subject of action and an adjudication without the party may:
a) in party’s absence, court cannot grant complete relief among existing parties; or
b. leave an existing party subject to substantial risk of incurring double, multiple, or otherwise inconsistent obligations

Question 20

When can the court entertain a renewed motion for a judgment as a matter of law?

Answer 20

Court can entertain renewed motion for judgment as a matter of law if a JMOL was made during trial

Question 20

When will a court dismiss a claim under Rule 12(b)(6)?

Answer 20

If the complaint:
1) fails to state a cognizable claim
2) provides insufficient fats in support of the claim; or
3) contains an allegation that negates one or more elements of the cause of action

Question 21

Is a case deemed to be dismissed on the merits if it is dismissed because of a failure to join an indispensable party?

Answer 21

No. Court’s decision to dismiss is not deemed to be on the merits (thus, having no res judicata effect)

Question 22

What is required under Fed Rule 30(b) for parties who want to depose a person by oral questions?

Answer 22

Must give reasonable written notice to every other party

Each party is entitled to attend any deposition and ask questions on cross examination

Question 23

What must fraud claims include?

Answer 23

Fraud claims must be stated with specificity - when alleging fraud or mistake, party must state with particularity the circumstances constituting the fraud or mistake

Question 24

What is res judicata or claim preclusion?

Answer 24

It prevents the relitigation of claims that have already been resolved in a prior lawsuit. The key elements are:
1) same parties or those in privity (must be same or closely related to parties in the first lawsuit)
2) same claim or cause of action (arise out of same transaction or occurrence)
3) final judgment on the merits

Question 25

What is the seventh amendment and under what categories does it not guarantee a right to a jury trial?

Answer 25

7th amendment guarantees the right to jury trial in certain civil cases.

Does not guarantee right to jury trial in cases seeking equitable relief

Question 26

When must a party demand a jury trial?

Answer 26

Within 14 days after service of last pleading directed to triable issue

Question 27

In what cases will federal courts typically not exercise jurisdiction?

Answer 27

Probate and family law matters

Question 28

When may a plaintiff voluntarily dismiss an action and how?

Answer 28

By filing a notice of dismissal at any time prior to service of an adverse party’s answer or motion for summary judgment

Question 29

Can a person still have the right to a jury trial if the case is being removed to federal court?

Answer 29

Yes, if the party has expressly demanded a jury trial in accordance with state law prior to the case being removed (doesn’t need to be renewed)

Question 30

What is a motion for additur and can they be brought in federal court?

Answer 30

A motion to increase the amount of damages and no because they are unconstitutional

Question 31

What is forum non conveniens?

Answer 31

Allows a court to decline jurisdiction and dismiss a case when there is a more appropriate and convenient forum available to hear the case

Question 32

At what time can a party move for summary judgment?

Answer 32

A party may move for summary judgment at any time until 30 days after the close of all discovery

Question 33

What are the three standards of review on appeal?

Answer 33

1) clearly erroneous (used to review factual findings)
2) abuse of discretion (applies to reviewed of discretionary rulings by the trial judge)
3) de novo (applying to all conclusions of law)

Question 34

What fields of law is federal common law confined to?

Answer 34

1) maritime law
2) foreign relations
3) commercial rights and liabilities of the federal government
4) property rights and liabilities of the federal government

Question 35

What is an interlocutory order and can it be appealed?

Answer 35

Temporary or provisional court order issued during the litigation

Question 36

When must a notice of removal be filed?

Answer 36

Within 30 days of service of initial pleading (but when new defendant added, defendant has another 30 days to remove the action even where the other defendants did not originally file a notice of removal)

Question 37

When is an interpleader appropriate?

Answer 37

When a stakeholder faces the risk of multiple liabilities because two or more parties are making adverse claims to the same property or funds (inconsistent claims going after the same thing - like a piece of property)

Question 38

When can attorney work product be discoverable?

Answer 38

If they are otherwise discoverable under Rule 26(b)(1) and the party shows both a substantial need to prepare for the case and cannot, without undue hardship, obtain substantial equivalent elsewhere

Question 39

What elements do courts consider in determining whether a right to a jury trial exists?

Answer 39

1) Whether the claim more closely resembles an action in law or in equity
2) whether the remedy sought is legal or equitable in nature

Question 40

When are judgments as a matter of law made?

Answer 40

After the non-moving party has presented its case

Question 41

Explain the power that trial courts have to sanction under Rule 11

Answer 41

When an attorney presents legal theories that are not warranted by existing law or a non-frivolous argument for the reversal, extension or modification of existing law without regard to whether any party files a motion

Court must first enter an order to show cause (giving the attorney an opportunity to be heard)

Question 42

May the court, on its own motion, try an issue with an advisory jury?

Answer 42

Yes, in an action not triable by right by a jury, court (on its motion or its own) may try any issue with an advisory jury.

Question 43

When will findings of fact be set aside?

Answer 43

If they are clearly erroneous