AL Bar Civil Procedure 2

Question 1

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

Accepted Answer

21 days

Answer

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.

Question 2

Interpleader under FRCP 22 allows a party holding property to:

Accepted Answer

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

Answer

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

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

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

Answer

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.

Question 5

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

Accepted Answer

Numerosity, commonality, typicality, and adequacy of representation

Answer

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

AL Bar - Alabama Bar Exam Practice Test

AL Bar - Alabama Bar Exam Practice Test

AL Bar Civil Procedure 2