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

Rule 11(b) provides that by presenting a signed filing, an attorney certifies it is not filed for an improper purpose, legal contentions are warranted, and factual allegations have or are likely to have evidentiary support after reasonable inquiry.

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

Collateral estoppel precludes re-litigation of an issue that was actually litigated, necessarily decided, and essential to the judgment in a prior proceeding between the same parties or their privies.

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

Answer

Under 28 U.S.C. § 1391(b), venue is proper in a district where any defendant resides (if all defendants reside in the same state) or where a substantial part of the events or omissions giving rise to the claim occurred.

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

Under O.C.G.A. § 9-11-41(a), a second voluntary dismissal without prejudice of the same claim by the same plaintiff operates as an adjudication on the merits under Georgia's two-dismissal rule.

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

Answer

Rule 50(a)(1) provides that JMOL may be granted when a party has been fully heard on an issue at trial and the court finds no legally sufficient evidentiary basis for a reasonable jury to find for that party on the issue.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Civil Procedure 3