CAS Bar CAS Bar Civil Procedure 4 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure, when must a defendant file an answer after being served with a summons and complaint?
- Within 20 days
- Within 21 days (Correct answer)
- Within 30 days
- Within 60 days
Correct answer: Within 21 days
FRCP Rule 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.
Question 2: A plaintiff files suit in federal court based solely on a state law claim. The defendant is a citizen of the same state as the plaintiff. Which doctrine might allow the federal court to retain jurisdiction over a related state law counterclaim?
- Pendant jurisdiction
- Ancillary jurisdiction
- Supplemental jurisdiction (Correct answer)
- Diversity jurisdiction
Correct answer: Supplemental jurisdiction
28 U.S.C. § 1367 codifies supplemental jurisdiction, allowing federal courts to hear state law claims so related to the federal claim that they form part of the same case or controversy.
Question 3: In California state court, what is the standard pleading requirement under the Code of Civil Procedure for a complaint?
- Notice pleading identical to the federal standard
- A statement of facts constituting the cause of action in ordinary and concise language (Correct answer)
- Plausibility pleading as established in Twombly/Iqbal
- Heightened pleading with particularity for all claims
Correct answer: A statement of facts constituting the cause of action in ordinary and concise language
California CCP § 425.10 requires a complaint to contain a statement of facts constituting the cause of action in ordinary and concise language.
Question 4: A court grants summary judgment for the defendant. The plaintiff appeals. What is the appellate court's standard of review?
- Abuse of discretion
- Clearly erroneous
- De novo (Correct answer)
- Substantial evidence
Correct answer: De novo
Appellate courts review grants of summary judgment de novo because the question of whether genuine issues of material fact exist is a question of law.
Question 5: Under FRCP Rule 26(b)(1), what is the general scope of discovery?
- Any information the requesting party deems relevant
- Nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case (Correct answer)
- All documents in the opposing party's possession
- Any matter that may lead to admissible evidence, without limitation
Correct answer: Nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case
FRCP 26(b)(1) limits discovery to nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case.
Question 6: Plaintiff sues Defendant in California Superior Court. Defendant believes the claim is frivolous. What California procedural mechanism allows Defendant to challenge the legal sufficiency of the complaint before answering?
- Motion to dismiss under CCP § 581
- General demurrer under CCP § 430.10 (Correct answer)
- Motion for judgment on the pleadings
- Special motion to strike under CCP § 425.16
Correct answer: General demurrer under CCP § 430.10
A general demurrer under CCP § 430.10(e) challenges whether the complaint fails to state facts sufficient to constitute a cause of action.
Question 7: Under the Erie doctrine, a federal court sitting in diversity must apply:
- Federal common law on all substantive issues
- State substantive law and federal procedural law (Correct answer)
- Federal law on all issues to ensure uniformity
- State law on all issues, both procedural and substantive
Correct answer: State substantive law and federal procedural law
Erie Railroad Co. v. Tompkins (1938) held that federal courts sitting in diversity must apply state substantive law while applying federal procedural rules.
CAS Bar CAS Bar Civil Procedure 4
Under the Federal Rules of Civil Procedure, when must a defendant file an answer after being served with a summons and complaint?