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Civil Procedure Flashcards

6 cards from real AL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Civil Procedure flashcards as text

  1. Under FRCP 15, a party may amend a pleading once as a matter of course within how many days after service?

    Answer: 21 days

    FRCP 15(a)(1) allows one amendment as a matter of course within 21 days after serving the pleading, or within 21 days after service of a responsive pleading.

  2. Interpleader under FRCP 22 allows a party holding property to:

    Answer: Join all competing claimants to determine who is entitled to the property

    Interpleader permits a stakeholder who faces multiple, potentially inconsistent claims to a single fund or property to join all claimants in one action.

  3. Issue preclusion (collateral estoppel) bars re-litigation of an issue when the issue was:

    Answer: Actually litigated, necessarily decided, and essential to a valid final judgment in prior litigation between the same parties

    Collateral estoppel requires that the issue was actually contested and decided, that its resolution was essential to the judgment, and that the same parties were involved.

  4. Under FRCP 26(b)(1), the scope of discovery permits parties to obtain information that is:

    Answer: Relevant to any party's claim or defense and proportional to the needs of the case

    Discovery under FRCP 26(b)(1) reaches any nonprivileged matter relevant to a claim or defense and proportional to the case's needs, not limited to admissible material.

  5. A class action may be certified under FRCP 23 only if the action meets all four prerequisites of:

    Answer: Numerosity, commonality, typicality, and adequacy of representation

    FRCP 23(a) requires numerosity, commonality, typicality, and adequacy of representation before any class certification is possible.

  6. Venue is generally proper in federal court in any district where:

    Answer: A substantial part of the events giving rise to the claim occurred or where any defendant resides if all defendants are in the same state

    Under 28 U.S.C. § 1391, venue lies where a substantial part of the events occurred or, alternatively, where any defendant resides when all reside in the same state.