JD Civil Procedure 2 — Questions and Answers
Question 1: The doctrine of 'claim preclusion' (res judicata) bars relitigation of claims that:
- Were decided incorrectly in a prior proceeding
- Could have been raised in a prior proceeding between the same parties that resulted in a final judgment on the merits (Correct answer)
- Are based on the same facts as a prior case
- Involve the same defendant as a prior case
Correct answer: Could have been raised in a prior proceeding between the same parties that resulted in a final judgment on the merits
Claim preclusion bars all claims that were or could have been raised in prior litigation between the same parties (or their privies) that ended in a final judgment on the merits.
Question 2: Under FRCP Rule 23, a class action may be certified only if which requirement is NOT among the Rule 23(a) prerequisites?
- Numerosity
- Commonality
- Typicality
- Predominance (Correct answer)
Correct answer: Predominance
Rule 23(a) requires numerosity, commonality, typicality, and adequacy of representation; predominance is an additional requirement under Rule 23(b)(3), not a 23(a) prerequisite.
Question 3: Under the 'work product doctrine,' documents prepared in anticipation of litigation are protected from discovery unless the requesting party shows:
- The documents are relevant to the claims
- Substantial need and inability to obtain the equivalent without undue hardship (Correct answer)
- The attorney who prepared them is unavailable
- The client waived the attorney-client privilege
Correct answer: Substantial need and inability to obtain the equivalent without undue hardship
Under Hickman v. Taylor and FRCP 26(b)(3), ordinary work product may be discovered upon a showing of substantial need and inability to obtain equivalent materials without undue hardship.
Question 4: What is 'supplemental jurisdiction' under 28 U.S.C. § 1367?
- Jurisdiction over claims added after the statute of limitations has run
- Federal court authority to hear state law claims sufficiently related to federal claims already before the court (Correct answer)
- Appellate jurisdiction to supplement trial court findings
- Jurisdiction over third-party claims against non-diverse parties
Correct answer: Federal court authority to hear state law claims sufficiently related to federal claims already before the court
Supplemental jurisdiction allows federal courts to hear state law claims that form part of the same constitutional case or controversy as the claims over which they have original jurisdiction.
Question 5: A 'default judgment' may be entered against a defendant who has:
- Lost on the merits
- Failed to plead or otherwise defend after being properly served (Correct answer)
- Filed a late answer
- Failed to appear at trial only
Correct answer: Failed to plead or otherwise defend after being properly served
Under FRCP Rule 55, a default judgment may be entered against a party who fails to plead or otherwise defend within the time allowed after being properly served.
Question 6: Under the doctrine of 'issue preclusion' (collateral estoppel), a prior judgment bars relitigation of an issue that was:
- Raised but not decided in the prior proceeding
- Actually litigated, necessarily decided, and essential to the prior judgment (Correct answer)
- Decided against the same party in any prior proceeding
- Submitted to arbitration rather than a court
Correct answer: Actually litigated, necessarily decided, and essential to the prior judgment
Issue preclusion bars relitigation of issues that were actually litigated, necessarily determined, and essential to the judgment in a prior proceeding involving the same parties.
JD Civil Procedure 2
The doctrine of 'claim preclusion' (res judicata) bars relitigation of claims that: