IA Bar Civil Procedure 2

Question 1

Under Iowa law, what is the burden of proof in a civil case?

Accepted Answer

Preponderance of the evidence

Answer

Beyond a reasonable doubt

Answer

Clear and convincing evidence

Answer

Probable cause

Question 2

What is the purpose of a directed verdict (now called judgment as a matter of law) in Iowa?

Accepted Answer

To end the case when no reasonable jury could find for the non-moving party

Answer

To instruct the jury on the law

Answer

To dismiss the case for lack of jurisdiction

Answer

To allow the judge to act as the finder of fact

Question 3

In Iowa, what is the process for appealing a district court decision?

Accepted Answer

File a notice of appeal with the Iowa Court of Appeals within 30 days of the final judgment

Answer

File a new lawsuit in a higher court

Answer

Request a new trial from the same judge

Answer

Petition the Governor for review

Question 4

What is a counterclaim under Iowa civil procedure?

Accepted Answer

A claim by the defendant against the plaintiff arising from the same transaction

Answer

A claim filed by a third party

Answer

An objection to the plaintiff's evidence

Answer

A request to change the venue

Question 5

In Iowa, what is the effect of a default judgment?

Accepted Answer

The court enters judgment against a party who fails to respond to the complaint within the required time

Answer

The case is automatically dismissed

Answer

Both parties are required to attend mediation

Answer

The judge must schedule an immediate trial

Question 6

What is the concept of personal jurisdiction in Iowa courts?

Accepted Answer

The court's authority over the parties based on their contacts with Iowa

Answer

The court's authority over the subject matter

Answer

The geographic location where the case must be filed

Answer

The judge's personal interest in the case