NALA Civil Litigation Procedures 2 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure, what is the standard time limit for a defendant to respond to a complaint after being served?
- 14 days
- 21 days (Correct answer)
- 30 days
- 60 days
Correct answer: 21 days
FRCP Rule 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.
Question 2: What is a 'motion in limine' used for in civil litigation?
- To dismiss the case before trial
- To request a change of venue
- To exclude specific evidence before trial begins (Correct answer)
- To compel discovery responses
Correct answer: To exclude specific evidence before trial begins
A motion in limine is a pretrial motion asking the court to exclude certain evidence from being presented at trial.
Question 3: Which document formally notifies the court and all parties that a party intends to appeal a final judgment?
- Brief
- Notice of Appeal (Correct answer)
- Writ of Certiorari
- Petition for Review
Correct answer: Notice of Appeal
A Notice of Appeal is the filing that initiates the appellate process by notifying the court and opposing parties of the intent to appeal.
Question 4: In federal court, what is the purpose of a Rule 26(f) conference?
- To select the jury
- To argue dispositive motions
- To discuss and plan for discovery (Correct answer)
- To settle scheduling disputes mid-trial
Correct answer: To discuss and plan for discovery
The Rule 26(f) meet-and-confer conference requires parties to discuss their claims, defenses, settlement possibilities, and develop a discovery plan.
Question 5: What is the doctrine of 'res judicata' in civil litigation?
- A court can reconsider any prior ruling
- A final judgment on the merits bars relitigation of the same claims (Correct answer)
- New evidence always warrants a new trial
- Parties can appeal any interlocutory order
Correct answer: A final judgment on the merits bars relitigation of the same claims
Res judicata (claim preclusion) prevents parties from relitigating claims that were or could have been raised in prior litigation that resulted in a final judgment.
Question 6: Which type of jurisdiction allows a court to hear a case based on the subject matter involved, regardless of where the parties are located?
- Personal jurisdiction
- Diversity jurisdiction
- Subject matter jurisdiction (Correct answer)
- Supplemental jurisdiction
Correct answer: Subject matter jurisdiction
Subject matter jurisdiction refers to a court's authority to hear a particular type of case based on the nature of the dispute, such as federal question jurisdiction.
Question 7: Under the FRCP, what must a party do before filing a motion to compel discovery?
- File a motion for protective order
- Obtain court approval to initiate discovery
- Confer in good faith with the opposing party (Correct answer)
- Submit a proposed discovery schedule
Correct answer: Confer in good faith with the opposing party
FRCP Rule 37(a)(1) requires the moving party to certify that it has in good faith conferred or attempted to confer with the other party before filing a motion to compel.
NALA Civil Litigation Procedures 2
Under the Federal Rules of Civil Procedure, what is the standard time limit for a defendant to respond to a complaint after being served?