CO Bar Civil Procedure 2

Question 1

Under FRCP 26(b)(1) as amended in 2015, the scope of permissible discovery is:

Accepted Answer

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

Answer

Any information that could lead to the discovery of admissible evidence

Answer

All documents and electronically stored information in the opposing party's possession

Answer

Information that is relevant and likely to be admitted at trial

Question 2

Under FRCP 56, summary judgment is appropriate when:

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

The moving party shows that the non-moving party has not yet conducted sufficient discovery

Answer

The evidence preponderates in favor of the moving party

Answer

All pretrial dispositive motions have been resolved in the movant's favor

Question 3

Claim preclusion (res judicata) bars a subsequent lawsuit when:

Accepted Answer

The same parties litigated a claim arising from the same transaction that resulted in a final judgment on the merits

Answer

The same legal issue was previously decided in a final judgment

Answer

The same evidence would be required to prove both claims

Answer

The first action was dismissed for failure to prosecute

Question 4

Issue preclusion (collateral estoppel) prevents relitigation of an issue when:

Accepted Answer

The issue was actually litigated, necessarily decided, and the party against whom preclusion is sought had a full and fair opportunity to litigate it

Answer

The parties in both actions are identical in all respects

Answer

The same attorney represented the party in the prior proceeding

Answer

The prior court was in the same jurisdiction as the current court

Question 5

Which of the following is a requirement under FRCP 23(a) for class certification but NOT under 23(b)(3)?

Accepted Answer

Typicality of the representative's claims

Answer

Superiority of the class action over individual litigation

Answer

Predominance of common questions over individual questions

Answer

Manageability of the litigation as a class action

Question 6

Under 28 U.S.C. § 1446, a defendant seeking to remove a state court action to federal court must:

Accepted Answer

File a notice of removal within 30 days of receiving the initial pleading and obtain consent from all properly served defendants

Answer

File a notice of removal within 60 days and post a removal bond

Answer

Obtain the plaintiff's agreement before filing a notice of removal

Answer

File a notice of removal only after the state court has entered a scheduling order

Question 7

Under the Erie doctrine established in Erie Railroad Co. v. Tompkins, a federal court sitting in diversity must apply:

Accepted Answer

State substantive law and federal procedural law

Answer

Federal substantive and procedural law to ensure uniformity of outcomes

Answer

Federal law on all substantive matters, state law only on matters of local custom

Answer

State law on all matters, including procedure, when the action is filed in that state