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.

Question 21

True or false: when a case is originally filed in a proper venue, 1404(a) allows court-to-court transfers of federal cases from one federal district to another for the convenience of parties and witnesses.

Answer 21

True.

Question 22

When deciding which jurisdiction’s preclusion law applies, courts will apply the preclusion law of:

Answer 22

the forum whose court rendered the earlier judgment.

Question 23

If the earlier judgment was rendered by a federal court that had federal question jurisdiction:

Answer 23

federal preclusion law applies

Question 24

If the earlier judgment was rendered by a state court:

Answer 24

that state preclusion law
applies, under the Full Faith and Credit Clause

Question 25

If the earlier judgment was rendered by a federal court having diversity jurisdiction:

Answer 25

. If the earlier judgment was rendered by a federal court having diversity jurisdiction, federal preclusion law applies, BUT federal law calls for applying the preclusion law of the state in which the federal court sits. S

Question 26

In order to raise the inadequacy of instructions on appeal, a party who wishes to make an objection to the instructions must do so BEFORE:

Answer 26

the jury retires

Question 27

Under FRCP 51(c), a party who objects to an instruction or the failure to give an instruction must state on the record the objection:

Answer 27

i.) stating distinctly the matter objected to; and ii.) grounds for the objection. In other words, the objecting party must give the trial judge a chance to reconsider and correct his mistake.

Question 28

True or False: for the purposes of rule 19, a potential defendant who might be jointly and severally liable is not a required party.

Answer 28

True.

Question 29

Motion for a new trial may be made for errors concerning:

Answer 29

1. admissibility of evidence; 2. jury instructions; 3. juror misconduct; 4. excessive or inadequate verdicts; or 5. if the verdict is against the manifest weight of the evidence.

Question 30

A court may ONLY transfer from an improper venue to a new venue that:

Answer 30

would have been proper ORIGINALLY. It doesn't matter if parties consented to new venue.

Question 31

Motion for Judgment on the pleadings

Answer 31

appropriate when the pleadings themselves reveal no factual disputes and judgment can be rendered as a matter of law without considering evidence beyond the pleadings.

Question 32

Rule 15(d) allows a party to file a supplemental pleading to address events that occurred It is used to include:

Answer 32

AFTER the original pleading was filed. new facts or developments that are related to the original claims or defenses but were not available at the time of the initial filing.

Question 33

True or false: Federal common law may apply when the basis for the federal district court’s jurisdiction is diversity. For example, federal common law governs when a federal court sitting in diversity issues a judgment and a state court must later decide the preclusive effect of the earlier judgment on the current claim.

Answer 33

True.

Question 34

Rule 11 When the lawyer files a pleading, he is certifying that to the best of his knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

Answer 34

1. the pleading is not presented for an improper purpose; 2. the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; AND 3. the factual contentions have evidentiary support, or if specifically so identified, are reasonably based on belief or a lack of information

Question 35

True or False: Even conditional or uncertain intent to remain indefinitely in a state can establish domicile if the person has physically moved there.

Answer 35

True.

Question 36

there might be sufficient evidence for a judge to deny a motion for judgment as a matter of law on the ground that a reasonable jury could find for the other party, yet a judge could grant a motion for a new trial if she thought the jury’s verdict was deeply flawed.

Answer 36

True.

Question 37

De Novo Review (No Deference)

Answer 37

The appellate court gives no deference to the trial court’s decision. It reviews the issue as if it were deciding it for the first time. Used for pure legal issues, including: -Interpretation of statutes, contracts, or constitutional provisions -Summary judgment rulings (since they involve legal determinations) -Decisions on motions to dismiss for failure to state a claim (Rule 12(b)(6)) -Choice of law determinations in diversity cases

Question 38

Clear Error (Highly Deferential – Factual Findings)

Answer 38

Used when reviewing a trial court’s findings of fact. A factual finding is clearly erroneous only if the appellate court is left with a definite and firm conviction that a mistake has been made. Applies in: -Bench trials (judge-made factual determinations) -Credibility determinations of witnesses -Historical fact-finding in constitutional cases

Question 39

Under FRCP 52(a)(6), the trial judge's findings of fact will not be disturbed on appeal unless they were

Answer 39

"Clearly erroneous." An appellate court will conclude that a finding was "clearly erroneous" if it has a definite and firm conviction that a mistake has been committed.

Question 40

Abuse of Discretion (Most Deferential – Discretionary Decisions)

Answer 40

Used when reviewing trial court decisions that involve discretion. An appellate court only reverses if the decision was arbitrary, unreasonable, or based on an incorrect application of law. Applies in: -Evidentiary rulings -Rulings on motions for continuances, mistrials, and amendments to pleadings -Sentencing decisions in criminal cases -Discovery sanctions