AZ Bar Civil Procedure 2 — Questions and Answers
Question 1: Under FRCP 12(b)(6), a motion to dismiss tests whether:
- The court has subject matter jurisdiction
- The complaint states a claim upon which relief can be granted (Correct answer)
- The plaintiff has standing to sue
- Service of process was proper
Correct answer: The complaint states a claim upon which relief can be granted
A Rule 12(b)(6) motion challenges the legal sufficiency of the complaint, asking whether it states a plausible claim for relief.
Question 2: The work-product doctrine protects from discovery:
- All documents generated in anticipation of litigation
- Documents and tangible things prepared in anticipation of litigation by or for a party or its representative (Correct answer)
- Only communications between attorney and client
- Expert witness reports in all circumstances
Correct answer: Documents and tangible things prepared in anticipation of litigation by or for a party or its representative
FRCP 26(b)(3) protects documents and tangible things prepared in anticipation of litigation by or for a party or its attorney, subject to a showing of substantial need.
Question 3: Claim preclusion (res judicata) bars re-litigation of a claim when:
- The same parties litigate any related issue in a subsequent proceeding
- There is a final judgment on the merits between the same parties on the same claim or cause of action (Correct answer)
- The same legal theory was raised in a prior proceeding
- A party failed to raise an available defense in the first action
Correct answer: There is a final judgment on the merits between the same parties on the same claim or cause of action
Res judicata requires a final judgment on the merits, the same parties or those in privity, and the same claim or cause of action arising from the same transaction.
Question 4: Under the Federal Rules, a party may amend its pleading as a matter of course within:
- 30 days after filing the original pleading
- 21 days after serving the pleading or within 21 days after service of a responsive pleading or motion under Rule 12(b), (e), or (f) (Correct answer)
- 60 days of the defendant's answer
- Any time before trial with court permission
Correct answer: 21 days after serving the pleading or within 21 days after service of a responsive pleading or motion under Rule 12(b), (e), or (f)
FRCP 15(a)(1) allows amendment as of right within 21 days after serving the pleading or within 21 days of a responsive pleading or certain Rule 12 motions.
Question 5: Supplemental jurisdiction under 28 U.S.C. § 1367 allows a federal court to hear state law claims that:
- Are worth more than $75,000
- Form part of the same case or controversy as the federal claim over which the court has original jurisdiction (Correct answer)
- Are brought by diverse parties only
- Have been certified by the state supreme court
Correct answer: Form part of the same case or controversy as the federal claim over which the court has original jurisdiction
Section 1367 grants federal courts supplemental jurisdiction over state claims that share a common nucleus of operative fact with the federal claim.
Question 6: A default judgment may be entered against a defendant who has:
- Filed an inadequate answer
- Failed to plead or otherwise defend against the complaint within the time allowed (Correct answer)
- Lost a motion to dismiss
- Refused to participate in discovery once
Correct answer: Failed to plead or otherwise defend against the complaint within the time allowed
FRCP 55 authorizes entry of default and, subsequently, a default judgment when a defendant fails to plead or otherwise defend within the required time.
AZ Bar Civil Procedure 2
Under FRCP 12(b)(6), a motion to dismiss tests whether: