CAS Bar CAS Bar Civil Procedure 5

Question 1

A class action is certified under FRCP Rule 23(b)(3). Which finding is required for certification under this subsection?

Accepted Answer

Questions of law or fact common to class members predominate over individual questions

Answer

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?

Accepted Answer

Moved for JMOL at the close of all evidence before the case went to the jury

Answer

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?

Accepted Answer

The offeree cannot recover post-offer costs and must pay the offeror's post-offer costs

Answer

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?

Accepted Answer

Within 21 days after serving the pleading, or within 21 days after service of a responsive pleading or certain motions

Answer

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?

Accepted Answer

File a motion to remand in the district court within 30 days of the notice of removal

Answer

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.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar CAS Bar Civil Procedure 5