CP Civil Procedure and Litigation 2 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure, what is the time limit for a defendant to file an answer after being served?
- 14 days
- 21 days (Correct answer)
- 30 days
- 60 days
Correct answer: 21 days
Under Rule 12(a)(1)(A), a defendant must serve an answer within 21 days after being served with the summons and complaint.
Rule 12(a)(1)(A)(i) requires an answer within 21 days of service. If the defendant waives service under Rule 4(d), the time extends to 60 days. If a Rule 12 motion is denied, the answer must be served within 14 days after notice.
Question 2: What is the doctrine of collateral estoppel?
- A bar against filing appeals
- Prevention of relitigating an issue that was actually decided in a prior proceeding (Correct answer)
- A prohibition on introducing hearsay evidence
- A rule preventing parallel lawsuits in different states
Correct answer: Prevention of relitigating an issue that was actually decided in a prior proceeding
Collateral estoppel prevents relitigating specific issues that were actually litigated and determined in a prior action.
Collateral estoppel (issue preclusion) prevents relitigation of factual or legal issues that were actually litigated, actually decided, and necessary to the judgment in a prior proceeding. For example, a finding that a traffic light was red could preclude relitigation of that fact in a subsequent case.
Question 3: What is an interlocutory appeal?
- An appeal filed after final judgment
- An appeal of a non-final order during ongoing litigation (Correct answer)
- An appeal to the Supreme Court
- An appeal based on new evidence after trial
Correct answer: An appeal of a non-final order during ongoing litigation
An interlocutory appeal is taken before the final judgment, addressing important legal issues that cannot wait.
Under 28 U.S.C. 1292, interlocutory appeals allow parties to appeal certain non-final orders. These are exceptions to the final judgment rule. They may be taken as of right (e.g., orders on injunctions) or by permission when the order involves a controlling question of law.
Question 4: What is supplemental jurisdiction in federal court?
- Authority of appellate courts over trial courts
- The power of a federal court to hear state law claims related to federal claims in the same case (Correct answer)
- Ability to transfer cases between federal districts
- Authority to enforce judgments from other states
Correct answer: The power of a federal court to hear state law claims related to federal claims in the same case
Supplemental jurisdiction allows federal courts to decide state law claims so related to federal claims that they form part of the same case or controversy.
Under 28 U.S.C. 1367, supplemental jurisdiction allows federal courts to hear state law claims forming part of the same case or controversy as the federal claims. The court may decline if the state claim raises novel issues, substantially predominates, or the federal claims have been dismissed.
Question 5: In federal court, what is a Rule 26(f) conference?
- A pretrial conference with the judge
- A mandatory meeting between parties to discuss discovery and develop a discovery plan (Correct answer)
- A settlement conference
- A hearing on dispositive motions
Correct answer: A mandatory meeting between parties to discuss discovery and develop a discovery plan
A Rule 26(f) conference requires parties to meet and develop a proposed discovery plan before the scheduling conference.
Rule 26(f) requires parties to confer at least 21 days before a scheduling conference to discuss claims, settlement, required disclosures, and develop a discovery plan addressing timing, subjects, ESI issues, privilege claims, and proposed modifications to discovery limitations.
Question 6: What is a writ of execution?
- An order for a new trial
- A court order directing enforcement of a money judgment through seizure of property (Correct answer)
- A warrant for arrest in a civil case
- An order to show cause
Correct answer: A court order directing enforcement of a money judgment through seizure of property
A writ of execution is a post-judgment remedy authorizing seizure of the judgment debtor's property to satisfy a money judgment.
A writ of execution directs a law enforcement officer to seize and sell the judgment debtor's non-exempt property to satisfy the judgment. The judgment creditor requests the writ from the clerk, who delivers it to the sheriff or marshal. Certain property is exempt from execution under federal and state law.
CP Civil Procedure and Litigation 2
Under the Federal Rules of Civil Procedure, what is the time limit for a defendant to file an answer after being served?