GA Bar Civil Procedure 3

Question 1

Under FRCP Rule 11(b), an attorney who signs and files a pleading certifies that:

Accepted Answer

The pleading is not filed for an improper purpose and the legal contentions are warranted by existing law or a nonfrivolous argument for changing the law

Answer

All claims asserted in the pleading will ultimately be proven true at trial

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Every factual allegation has already been verified by documentary evidence in the attorney's possession

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The attorney has personally interviewed every witness referenced in the pleading

Question 2

The doctrine of collateral estoppel (issue preclusion) prevents re-litigation of:

Accepted Answer

A specific issue of fact or law that was actually litigated, necessarily decided, and essential to the prior judgment between the parties

Answer

The same cause of action between the same parties regardless of which specific issues are raised in the second action

Answer

Any legal theory that a party raised and argued in prior litigation with the same opponent

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Future claims by the same plaintiff against any defendant based on similar underlying facts

Question 3

Under 28 U.S.C. § 1391(b), venue in a federal civil action is proper in:

Accepted Answer

A judicial district where any defendant resides if all defendants reside in the same state, or where a substantial part of the events giving rise to the claim occurred

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Any district where the plaintiff resides at the time the complaint is filed

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Only the district where the parties' contract was signed or where the tort occurred

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Any district in which the court possesses both subject matter jurisdiction and personal jurisdiction over the defendant

Question 4

Under O.C.G.A. § 9-11-41(a), the effect of a plaintiff's second voluntary dismissal without prejudice of the same claim in Georgia is:

Accepted Answer

The second dismissal operates as an adjudication on the merits, barring any future re-filing of the same claim

Answer

The plaintiff retains the unlimited right to re-file the claim at any time within the limitations period

Answer

The plaintiff must obtain court approval before any subsequent filing of the same action

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The statute of limitations is tolled indefinitely until the plaintiff chooses to re-file

Question 5

Under FRCP Rule 50(a), a court may grant judgment as a matter of law (JMOL) during trial when:

Accepted Answer

A party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on the issue

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The jury's verdict appears to be against the clear weight of the evidence presented at trial

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The trial judge disagrees with the jury's assessment of a key witness's credibility

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The non-moving party fails to submit required post-trial briefing within the deadline

Question 6

Under Georgia's compulsory counterclaim rule (O.C.G.A. § 9-11-13(a)), a counterclaim is compulsory when:

Accepted Answer

The counterclaim arises from the same transaction or occurrence as the plaintiff's claim and does not require joinder of parties over whom the court lacks jurisdiction

Answer

The defendant's counterclaim exceeds the plaintiff's original claim in monetary value

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The defendant's claim involves the same legal theory or cause of action as the plaintiff's complaint

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The defendant wishes to recover attorney's fees in the same lawsuit as the main claim

Question 7

Under the doctrine of forum non conveniens, a court may dismiss or transfer a case when:

Accepted Answer

An adequate alternative forum exists and the balance of private and public interest factors strongly favors litigation in that alternative forum

Answer

The plaintiff's chosen forum is a federal court and a state court in the same jurisdiction would be more convenient

Answer

The defendant requests transfer to a different forum where all defendants maintain their principal place of business

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The plaintiff has filed suit in a state other than the defendant's state of incorporation or principal place of business