CLA/CP Exam Civil Litigation Procedures 3

Question 1

In federal civil litigation, what is the standard for granting summary judgment under FRCP Rule 56?

Accepted Answer

There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law

Answer

Summary judgment is appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Question 2

A 'motion in limine' is typically filed:

Accepted Answer

Before or during trial to exclude certain evidence

Answer

A motion in limine is a pretrial or mid-trial motion seeking to exclude prejudicial, irrelevant, or otherwise inadmissible evidence.

Question 3

Under FRCP Rule 15, a party may amend its pleading once as a matter of course within how many days after serving it?

Accepted Answer

21 days

Answer

Rule 15(a)(1) allows a party to amend its pleading once as a matter of course within 21 days after serving it.

Question 4

What does 'service of process' accomplish in a civil lawsuit?

Accepted Answer

It officially notifies the defendant of the lawsuit and grants the court jurisdiction over them

Answer

Service of process provides formal notice to the defendant and establishes the court's personal jurisdiction over that party.

Question 5

A paralegal notices that a statute of limitations deadline will expire in three days for a client's personal injury claim. The BEST immediate action is to:

Accepted Answer

Alert the supervising attorney immediately so the complaint can be filed

Answer

Statute of limitations deadlines are jurisdictional and cannot be extended by agreement; the attorney must be notified immediately to file the complaint in time.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

CLA/CP Exam Civil Litigation Procedures 3