CAS Bar CAS Bar Civil Procedure 4

Question 1

Under the Federal Rules of Civil Procedure, when must a defendant file an answer after being served with a summons and complaint?

Accepted Answer

Within 21 days

Answer

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?

Accepted Answer

Supplemental jurisdiction

Answer

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?

Accepted Answer

A statement of facts constituting the cause of action in ordinary and concise language

Answer

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?

Accepted Answer

De novo

Answer

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?

Accepted Answer

Nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case

Answer

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.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar CAS Bar Civil Procedure 4