Wrong Answer Rules

Question 1

Under Rule 60(b)(4)-relief from a judgment-a judgment is considered void if:

Answer 1

it has a fundamental flaw, such as a lack of jurisdiction or a significant due process violation. This type of defect is so serious that it can be challenged even after the judgment is final.

Question 2

True or False: Under Rule 60(b)(4)-relief from a judgment, there is NO relief in situations where a party’s conduct was reasonable in the underlying action

Answer 2

True.

Question 3

If the source of a federal procedure is the Federal Rules of Civil Procedure, the court must apply the federal rule UNLESS the federal procedure

Answer 3

abridges, modifies, or enlarges a substantive right or a right that affects the primary activity of citizens.

Question 4

True or False: There is no rule stating that sanctions can only be granted after discovery.

Answer 4

True.

Question 5

For the purposes of diversity jurisdiction, a corporation is a citizen of the state in which it is:

Answer 5

1. incorporated;

AND

2. principal place of business(Supreme Court has defined this to be headquarters).

Question 6

res judicata/claim preclusion, prevents relitigation of a claim or all claims:

Answer 6

1. between the same parties and those who are in privity with them;
2. arising out of the same transaction or occurrence; and
3. that were determined on the merits by a court with proper subject matter and personal jurisdiction.

Question 7

What is collateral estoppel/issue preclusion?

Answer 7

prevents relitigation of issues that were fully and fairly litigated and were necessarily decided in a proceeding that reached a final judgment on the merits.

Question 8

True or False: Collateral estoppel may not be used against a party in a previous case against someone in subsequent case who was not a party to the first action.

Answer 8

True.

Question 9

A party may move for judgment as a matter of law:

Answer 9

AFTER the other party closes his or her case.

Question 10

True or False: for an expert’s report, facts known to and opinions held by experts retained in anticipation of litigations and expected to testify at trial are discoverable.

Answer 10

True.

Question 11

A FINAL pretrial order may be ONLY to:

Answer 11

prevent manifest injustice.

Question 12

A moving party MUST show __________to have a scheduling order modified.

Answer 12

“good cause”

Question 13

Under 54(b), if an action includes federal-law AND state-law claims that involve overlapping facts and evidence, the court will:

Answer 13

typically NOT enter a final, appealable judgment on the claim that has been resolved. This practice is to avoid duplication of effort in the appellate and trial courts.

This also includes when the resolution of some claims was by summary judgment.

Question 14

To obtain a discretionary interlocutory appeal, the party seeking to appeal MUST apply:

Answer 14

to both the district and appellate courts to meet the statutory standards.

Question 15

Under the Erie doctrine, a federal that has jurisdiction over a state law claim through _____ or ______ jurisdiction MUST apply ________

Answer 15

Diversity or SUPPLEMENTAL

substantive law of the state where the court sits.

Question 16

once discovery is complete, a party has ______ to file a motion for summary judgment

Answer 16

30 days

Question 17

a court will dismiss a complaint under FRCP 12(b)(6) in the following circumstances:

Answer 17

1. the complaint fails to state a cognizable claim
2. the complaint provides insufficient facts; or
3. the complaint contains an allegation that negates one or more elements of the cause of action.

Question 18

Actual bias exists where a potential juror has indicated voir dire that he would use:

Answer 18

predetermined beliefs to decide the case, instead of deciding the case on the facts.

Question 19

5 situations that require pleading with particularity:

Answer 19

1. capacity or authority to sue, but only when required to show the court has jurisdiction;
2. fraud, mistake, or condition of the mind;
3. conditions precedent, but only when denying the condition has occurred;
4. time and place, when testing the sufficiency of a pleading; and
5. special damages that would not naturally flow from an injury.

Question 20

Domicile requires the person to have BOTH:

Answer 20

1. physical presence in the state

and

2. intent to remain in that state indefinitely.

Importantly, the person’s intent has to coincide with the person’s physical presence in the state.