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

The 2015 amendment to Rule 26 replaced the 'reasonably calculated to lead to admissible evidence' standard with a proportionality requirement tied to relevance to claims or defenses.

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

Summary judgment is proper only when there is no genuine dispute about material facts and the law entitles the movant to judgment without a trial.

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

Claim preclusion requires identity of parties, a final judgment on the merits, and that the second claim arises from the same cause of action as the first.

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

Collateral estoppel requires that the issue was actually litigated and decided on the merits and that the party to be bound had a full and fair opportunity to contest the issue.

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

Typicality is a 23(a) prerequisite requiring the representative's claims be typical of class members' claims; superiority and predominance are 23(b)(3) requirements.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Civil Procedure 2