CLA/CP Exam Civil Litigation Procedures 5 — Questions and Answers
Question 1: What is 'venue' in civil litigation, and how does it differ from 'jurisdiction'?
- Venue refers to the court's authority over the parties; jurisdiction refers to the geographic location of the court
- Venue refers to the proper geographic location of the court; jurisdiction refers to the court's authority to hear the case (Correct answer)
- They are interchangeable terms describing the same concept
- Venue applies only in state courts; jurisdiction applies only in federal courts
Correct answer: Venue refers to the proper geographic location of the court; jurisdiction refers to the court's authority to hear the case
Jurisdiction is the court's legal power to hear a case; venue is the specific geographic location (district or county) where the case should be filed.
Question 2: Under the Erie doctrine, a federal court sitting in diversity must apply:
- Federal common law on all substantive issues
- The substantive law of the state in which the federal court sits, but federal procedural rules (Correct answer)
- The law of the state where the cause of action arose, regardless of where the court sits
- Federal law exclusively, because federal courts have plenary power
Correct answer: The substantive law of the state in which the federal court sits, but federal procedural rules
Erie Railroad v. Tompkins held that federal courts in diversity cases must apply the substantive law of the forum state while using the Federal Rules of Civil Procedure for procedural matters.
Question 3: A 'writ of execution' in post-judgment civil litigation is used to:
- Appeal a judgment to a higher court
- Direct a law enforcement officer to seize the judgment debtor's non-exempt property to satisfy the judgment (Correct answer)
- Stay enforcement of a judgment while an appeal is pending
- Compel a witness to testify at a post-judgment hearing
Correct answer: Direct a law enforcement officer to seize the judgment debtor's non-exempt property to satisfy the judgment
A writ of execution is a court order authorizing a sheriff or marshal to seize and sell the debtor's property to satisfy a money judgment.
Question 4: Under FRCP Rule 68, an 'offer of judgment' is significant because if the plaintiff rejects it and fails to obtain a more favorable judgment at trial, the plaintiff:
- Must dismiss the case with prejudice
- May be required to pay the defendant's post-offer costs (Correct answer)
- Forfeits the right to appeal the trial court's judgment
- Must pay the defendant's attorney's fees for the entire litigation
Correct answer: May be required to pay the defendant's post-offer costs
Rule 68 provides that if the plaintiff rejects a formal offer of judgment and then recovers less than the offer, the plaintiff must pay the defendant's post-offer costs.
Question 5: In federal civil practice, what does it mean for a judgment to be 'final' for purposes of appellate jurisdiction?
- The trial judge has certified the case as ready for appeal
- The judgment disposes of all claims against all parties, leaving nothing for the court to do but execute the judgment (Correct answer)
- All post-trial motions have been filed, regardless of whether they are decided
- The clerk has entered the judgment on the docket
Correct answer: The judgment disposes of all claims against all parties, leaving nothing for the court to do but execute the judgment
Under 28 U.S.C. § 1291, courts of appeals have jurisdiction over final decisions, meaning orders that end the litigation on the merits leaving nothing further for the district court to resolve.
Question 6: What is the 'work product doctrine,' and how does it differ from attorney-client privilege?
- They are identical doctrines that protect the same materials from disclosure
- Work product protects materials prepared in anticipation of litigation; attorney-client privilege protects confidential communications between attorney and client (Correct answer)
- Work product covers oral communications; attorney-client privilege covers written documents only
- Work product applies to paralegals; attorney-client privilege applies only to licensed attorneys
Correct answer: Work product protects materials prepared in anticipation of litigation; attorney-client privilege protects confidential communications between attorney and client
The work product doctrine (FRCP Rule 26(b)(3)) protects documents and tangible things prepared in anticipation of litigation, while attorney-client privilege protects confidential communications made for the purpose of obtaining legal advice.
Question 7: A 'garnishment' proceeding in post-judgment collection allows a judgment creditor to:
- Record a lien against the debtor's real property
- Obtain the debtor's wages or bank account funds held by a third party to satisfy the judgment (Correct answer)
- Examine the debtor under oath about their assets and income
- Freeze the debtor's assets pending appeal of the judgment
Correct answer: Obtain the debtor's wages or bank account funds held by a third party to satisfy the judgment
Garnishment is a post-judgment remedy that allows a creditor to intercept money owed to the debtor by a third party, such as an employer (wage garnishment) or bank.
CLA/CP Exam Civil Litigation Procedures 5
What is 'venue' in civil litigation, and how does it differ from 'jurisdiction'?