CAS Bar CAS Bar Civil Procedure 5 — Questions and Answers
Question 1: A class action is certified under FRCP Rule 23(b)(3). Which finding is required for certification under this subsection?
- The class is so numerous that joinder of all members is impracticable
- Questions of law or fact common to class members predominate over individual questions (Correct answer)
- The party opposing the class has acted on grounds generally applicable to the class
- Prosecuting separate actions would create a risk of inconsistent adjudications
Correct answer: Questions of law or fact common to class members predominate over individual questions
Rule 23(b)(3) requires that common questions of law or fact predominate over individual questions, and that a class action is superior to other available methods of adjudication.
Question 2: After a jury verdict, a losing party files a renewed motion for judgment as a matter of law (JMOL). Under FRCP Rule 50, what must the moving party have done as a prerequisite?
- Filed a motion for new trial simultaneously
- Moved for JMOL at the close of all evidence before the case went to the jury (Correct answer)
- Obtained the judge's permission before the verdict
- Filed the motion within 14 days of the verdict
Correct answer: Moved for JMOL at the close of all evidence before the case went to the jury
Under FRCP 50(b), a renewed JMOL is only available if the movant previously made a JMOL motion at the close of all the evidence under Rule 50(a).
Question 3: In a California civil case, a party serves a Code of Civil Procedure § 998 offer to compromise. The offeree rejects it and proceeds to trial. What is the consequence if the offeree fails to obtain a judgment more favorable than the offer?
- The offeree must pay double the offer amount as a penalty
- The offeree cannot recover post-offer costs and must pay the offeror's post-offer costs (Correct answer)
- The case is automatically dismissed with prejudice
- The offeree's attorney is personally sanctioned
Correct answer: The offeree cannot recover post-offer costs and must pay the offeror's post-offer costs
Under CCP § 998, a party who rejects a statutory offer and then fails to obtain a more favorable judgment cannot recover post-offer costs and must pay the offeror's post-offer costs.
Question 4: Under FRCP Rule 15(a), when may a party amend its pleading as a matter of course without leave of court?
- At any time before trial
- Within 21 days after serving the pleading, or within 21 days after service of a responsive pleading or certain motions (Correct answer)
- Only before the defendant has answered
- Within 30 days after the scheduling order is issued
Correct answer: Within 21 days after serving the pleading, or within 21 days after service of a responsive pleading or certain motions
Rule 15(a)(1) allows amendment once as a matter of course within 21 days after serving the pleading, or within 21 days after service of a responsive pleading or a Rule 12(b), (e), or (f) motion.
Question 5: A defendant removes a case from California state court to federal district court. The plaintiff believes removal was improper. What must the plaintiff do and by when?
- Appeal to the Ninth Circuit within 30 days
- File a motion to remand in the district court within 30 days of the notice of removal (Correct answer)
- File a motion to remand within 21 days of the notice of removal
- Object in the state court before the removal is complete
Correct answer: File a motion to remand in the district court within 30 days of the notice of removal
Under 28 U.S.C. § 1447(c), a motion to remand based on any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal.
Question 6: Under the doctrine of res judicata (claim preclusion), a final judgment on the merits bars relitigation of which claims in a subsequent action between the same parties?
- Only claims that were actually litigated and decided
- All claims that were raised or could have been raised arising from the same transaction or occurrence (Correct answer)
- Only claims involving the same legal theory
- Claims involving the same parties and same evidence
Correct answer: All claims that were raised or could have been raised arising from the same transaction or occurrence
Claim preclusion bars not only claims actually litigated but all claims that could have been raised in the prior action arising from the same transaction or series of transactions.
Question 7: A federal district court in California issues a temporary restraining order (TRO) ex parte. Under FRCP Rule 65, how long may the TRO remain in effect without a hearing?
- 7 days
- 10 days
- 14 days (Correct answer)
- 21 days
Correct answer: 14 days
Under FRCP 65(b)(2), a TRO issued without notice expires within 14 days, unless extended for good cause or by consent of the adverse party.
CAS Bar CAS Bar Civil Procedure 5
A class action is certified under FRCP Rule 23(b)(3).
Which finding is required for certification under this subsection?