Civil Litigation Procedures Flashcards

What is the doctrine of 'res judicata' (claim preclusion) in civil litigation?

Answer: A doctrine barring relitigation of a claim that was or could have been raised in prior litigation between the same parties resulting in a final judgment

Res judicata prevents parties from relitigating claims arising from the same transaction that were or could have been decided in a prior final judgment.

Under FRCP Rule 11, attorney sanctions may be imposed for:

Answer: Filing a pleading not warranted by existing law or evidence, or filed for an improper purpose

Rule 11 sanctions apply when an attorney or party submits a filing that is frivolous, lacks evidentiary support, or is filed for an improper purpose such as harassment.

A third party who may be liable to the original defendant for part or all of a plaintiff's claim may be brought into the lawsuit through a:

Answer: Third-party complaint (impleader)

Under FRCP Rule 14, a defendant may implead a third party who may be liable to the defendant for all or part of the plaintiff's claim against the defendant.

What is the difference between a 'cross-claim' and a 'counterclaim' in federal civil procedure?

Answer: A cross-claim is filed against a co-party; a counterclaim is filed against an opposing party

A cross-claim (Rule 13(g)) is asserted against a co-party (e.g., co-defendant), while a counterclaim (Rule 13(a)/(b)) is asserted against an opposing party.

Which of the following best describes a 'class action' lawsuit under FRCP Rule 23?

Answer: A representative action where one or more plaintiffs sue on behalf of a similarly situated group meeting specific certification requirements

Rule 23 class actions allow a representative plaintiff to litigate on behalf of a class, provided requirements of numerosity, commonality, typicality, and adequacy of representation are met.

When a case is 'remanded' by a federal appellate court, this means:

Answer: The appellate court has sent the case back to the lower court for further proceedings consistent with its opinion

Remand sends the case back to the trial court (or sometimes a different court) to take action consistent with the appellate court's ruling.

A 'protective order' in civil discovery is typically sought to:

Answer: Shield a party or person from annoyance, embarrassment, oppression, or undue burden or expense in discovery

Under FRCP Rule 26(c), a party may move for a protective order to limit or prevent discovery that is harassing, overly burdensome, or seeks privileged information.