Civil Procedure Flashcards
7 cards from real Multistate Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Civil Procedure flashcards as text
A jury verdict is entered in favor of the plaintiff. The defendant files a motion for a new trial under FRCP 59, arguing that the damages award is excessive. What standard does the court apply when reviewing the damages?
Answer: The court grants a new trial if the verdict is against the weight of the evidence, even if supported by substantial evidence
On a motion for new trial, the court may weigh the evidence and credibility of witnesses, granting relief if the verdict is against the clear weight of the evidence, even where some evidence supports the verdict.
A plaintiff files a federal lawsuit that is ultimately dismissed on the merits. The plaintiff then files an identical suit in a different federal court. Under claim preclusion (res judicata), the second suit will be barred if:
Answer: The first judgment was on the merits, involving the same claim and the same parties
Claim preclusion bars re-litigation when there is a final judgment on the merits, the same parties or those in privity, and the same cause of action (arising from the same transaction or occurrence).
Plaintiff and Defendant are involved in federal litigation. Plaintiff serves Defendant with interrogatories. Under FRCP 33, Defendant must respond within:
Answer: 30 days
Under FRCP 33(b)(2), the responding party must serve answers and any objections to interrogatories within 30 days after being served, unless the court orders otherwise.
A plaintiff sues in federal court and voluntarily dismisses the action under FRCP 41(a)(1). The plaintiff had previously dismissed the same claim in state court. What is the effect of this federal dismissal?
Answer: The dismissal operates as an adjudication on the merits under the 'two dismissal rule'
Under FRCP 41(a)(1)(B)'s two-dismissal rule, if a plaintiff previously dismissed the same claim in any court (state or federal), a subsequent voluntary dismissal operates as an adjudication on the merits.
Under FRCP 26(a)(1), parties must make initial disclosures without awaiting a discovery request. Which of the following is NOT required in initial disclosures?
Answer: The names and addresses of all potential witnesses the party does not intend to call at trial
Initial disclosures require disclosure of witnesses and documents a party may use to support its claims or defenses, not all potential witnesses regardless of intended use.
A plaintiff files a federal diversity action but names a defendant who is a citizen of the same state as the plaintiff. Weeks later, the plaintiff realizes the diversity-destroying defendant is not actually a necessary party and seeks to dismiss that defendant. The court should:
Answer: Allow the dismissal of the dispensable non-diverse defendant and retain jurisdiction
Under 28 U.S.C. § 1447(e), if a dispensable non-diverse party is dropped, the court may retain jurisdiction because complete diversity exists among the remaining parties.
A plaintiff in a federal action seeks to conduct more than 10 depositions. Under FRCP 30(a)(2)(A)(i), the plaintiff may exceed the 10-deposition limit only by:
Answer: Obtaining stipulation of the parties or leave of court
Under FRCP 30(a)(2)(A)(i), a party must obtain leave of court or a stipulation of the parties to take more than 10 depositions in a case.