FREE MA Bar Civil Procedure Questions and Answers
In Massachusetts, which of the following is the correct standard for granting a motion to dismiss for failure to state a claim?
Correct!
Wrong!
A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint, assuming the truth of the facts alleged.
In Massachusetts, what is the purpose of a pretrial conference?
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Wrong!
A pretrial conference is used to streamline the issues, discuss settlement, set a trial date, and make other pretrial arrangements.
Which of the following discovery methods allows a party to obtain documents from a non-party in Massachusetts civil litigation?
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Wrong!
A subpoena duces tecum is used to compel a non-party to produce documents or evidence during the discovery phase of litigation.
Under Massachusetts law, when may a party file a motion for summary judgment?
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Wrong!
A motion for summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
Which of the following courts has original jurisdiction over most civil cases in Massachusetts?
Correct!
Wrong!
The Massachusetts Superior Court has original jurisdiction over most civil cases, particularly those involving larger sums of money or more serious issues.