JD Civil Procedure 2

Question 1

The doctrine of 'claim preclusion' (res judicata) bars relitigation of claims that:

Accepted Answer

Could have been raised in a prior proceeding between the same parties that resulted in a final judgment on the merits

Answer

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?

Accepted Answer

Predominance

Answer

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:

Accepted Answer

Substantial need and inability to obtain the equivalent without undue hardship

Answer

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?

Accepted Answer

Federal court authority to hear state law claims sufficiently related to federal claims already before the court

Answer

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:

Accepted Answer

Failed to plead or otherwise defend after being properly served

Answer

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.

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD Civil Procedure 2