GA Bar Civil Procedure 2

Question 1

Under Georgia's Civil Practice Act (O.C.G.A. § 9-11-12(a)), how many days does a defendant have to file an answer after service of the summons and complaint?

Accepted Answer

30 days

Answer

O.C.G.A. § 9-11-12(a) requires a defendant to serve an answer within 30 days after service of the summons and complaint upon the defendant.

Question 2

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

Accepted Answer

State substantive law but federal procedural rules

Answer

Erie Railroad Co. v. Tompkins (1938) held that federal courts exercising diversity jurisdiction must apply state substantive law while following federal procedural rules under the Federal Rules of Civil Procedure.

Question 3

Under FRCP Rule 26(a)(1), which of the following must be included in mandatory initial disclosures without a discovery request?

Accepted Answer

The name, address, and telephone number of each individual likely to have discoverable information that the party may use to support its claims or defenses

Answer

Rule 26(a)(1)(A)(i) requires each party to disclose the identity and contact information of each individual likely to have discoverable information the party may use to support its claims or defenses.

Question 4

Federal supplemental jurisdiction under 28 U.S.C. § 1367 allows a federal court to hear state law claims that:

Accepted Answer

Arise from a common nucleus of operative fact with claims over which the court has original jurisdiction

Answer

Under 28 U.S.C. § 1367 and United Mine Workers v. Gibbs, supplemental jurisdiction extends to state claims that form part of the same case or controversy as the federal claim, meaning they share a common nucleus of operative fact.

Question 5

Under Georgia's doctrine of res judicata, a second lawsuit is barred when:

Accepted Answer

A court has rendered a valid final judgment on the merits of the same claim between the same parties or their privies

Answer

Georgia's res judicata doctrine bars re-litigation when there has been a final judgment on the merits between the same parties or their privies involving the same claim or cause of action.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Civil Procedure 2