CLA/CP Exam Civil Litigation Procedures 4 — Questions and Answers
Question 1: What is the doctrine of 'res judicata' (claim preclusion) in civil litigation?
- A doctrine requiring parties to exhaust administrative remedies before filing suit
- A doctrine barring relitigation of a claim that was or could have been raised in prior litigation between the same parties resulting in a final judgment (Correct answer)
- A rule preventing appeals of jury verdicts
- A rule limiting punitive damages to actual damages
Correct answer: A doctrine barring relitigation of a claim that was or could have been raised in prior litigation between the same parties resulting in a final judgment
Res judicata prevents parties from relitigating claims arising from the same transaction that were or could have been decided in a prior final judgment.
Question 2: Under FRCP Rule 11, attorney sanctions may be imposed for:
- Losing a case after full trial on the merits
- Filing a pleading not warranted by existing law or evidence, or filed for an improper purpose (Correct answer)
- Failing to appear at a scheduling conference without prior notice
- Settling a case without court approval
Correct answer: Filing a pleading not warranted by existing law or evidence, or filed for an improper purpose
Rule 11 sanctions apply when an attorney or party submits a filing that is frivolous, lacks evidentiary support, or is filed for an improper purpose such as harassment.
Question 3: A third party who may be liable to the original defendant for part or all of a plaintiff's claim may be brought into the lawsuit through a:
- Cross-claim
- Counterclaim
- Third-party complaint (impleader) (Correct answer)
- Interpleader action
Correct answer: Third-party complaint (impleader)
Under FRCP Rule 14, a defendant may implead a third party who may be liable to the defendant for all or part of the plaintiff's claim against the defendant.
Question 4: What is the difference between a 'cross-claim' and a 'counterclaim' in federal civil procedure?
- A cross-claim is filed against the opposing party; a counterclaim is filed against a co-party
- A cross-claim is filed against a co-party; a counterclaim is filed against an opposing party (Correct answer)
- Both terms describe the same procedural device under the FRCP
- A cross-claim requires court leave; a counterclaim does not
Correct answer: A cross-claim is filed against a co-party; a counterclaim is filed against an opposing party
A cross-claim (Rule 13(g)) is asserted against a co-party (e.g., co-defendant), while a counterclaim (Rule 13(a)/(b)) is asserted against an opposing party.
Question 5: Which of the following best describes a 'class action' lawsuit under FRCP Rule 23?
- A lawsuit filed jointly by two law firms representing different clients
- A representative action where one or more plaintiffs sue on behalf of a similarly situated group meeting specific certification requirements (Correct answer)
- A lawsuit involving multiple defendants who acted in concert
- A consolidated action combining cases from different federal districts
Correct answer: A representative action where one or more plaintiffs sue on behalf of a similarly situated group meeting specific certification requirements
Rule 23 class actions allow a representative plaintiff to litigate on behalf of a class, provided requirements of numerosity, commonality, typicality, and adequacy of representation are met.
Question 6: When a case is 'remanded' by a federal appellate court, this means:
- The appellate court has affirmed the lower court's decision
- The appellate court has sent the case back to the lower court for further proceedings consistent with its opinion (Correct answer)
- The case has been transferred to a different federal circuit
- The appellate court has dismissed the appeal for lack of jurisdiction
Correct answer: The appellate court has sent the case back to the lower court for further proceedings consistent with its opinion
Remand sends the case back to the trial court (or sometimes a different court) to take action consistent with the appellate court's ruling.
Question 7: A 'protective order' in civil discovery is typically sought to:
- Prevent a party from filing additional motions after summary judgment
- Shield a party or person from annoyance, embarrassment, oppression, or undue burden or expense in discovery (Correct answer)
- Compel a reluctant witness to appear at deposition
- Stay enforcement of a judgment pending appeal
Correct answer: Shield a party or person from annoyance, embarrassment, oppression, or undue burden or expense in discovery
Under FRCP Rule 26(c), a party may move for a protective order to limit or prevent discovery that is harassing, overly burdensome, or seeks privileged information.
CLA/CP Exam Civil Litigation Procedures 4
What is the doctrine of 'res judicata' (claim preclusion) in civil litigation?