KY Bar Civil Procedure 3

Question 1

A defendant is served with a complaint in federal court and does not file a waiver of service. How many days does the defendant have to serve an answer?

Accepted Answer

21 days after being served with the summons and complaint

Answer

30 days after being served

Answer

14 days after being served

Answer

60 days after being served

Question 2

A plaintiff seeks to amend her complaint 15 days after serving it, before the defendant has filed any response. What must she do?

Accepted Answer

Nothing beyond filing the amendment, because she may amend once as a matter of course

Answer

Obtain leave of court

Answer

Obtain the defendant's written consent

Answer

Wait until the defendant answers

Question 3

During discovery, a party fails to disclose a witness required by Rule 26(a) initial disclosures without substantial justification. What is the presumptive sanction at trial?

Accepted Answer

The party may not use that witness unless the failure was substantially justified or harmless

Answer

The court must dismiss the case

Answer

The court must declare a mistrial

Answer

The opposing party automatically wins the issue

Question 4

A federal jury returns a verdict for the plaintiff. The defendant moves for judgment as a matter of law after trial, but never made such a motion before the case went to the jury. How should the court rule?

Accepted Answer

Deny the renewed motion, because a pre-verdict Rule 50(a) motion is a prerequisite

Answer

Grant the motion if the verdict was against the weight of the evidence

Answer

Grant the motion, because timing is irrelevant

Answer

Deny the motion only if the plaintiff objects

Question 5

A plaintiff sues in federal court, loses on the merits, then files a new suit against the same defendant on a different legal theory arising from the same transaction. What doctrine bars the second suit?

Accepted Answer

Claim preclusion (res judicata)

Answer

Issue preclusion (collateral estoppel)

Answer

The law of the case doctrine

Answer

Judicial estoppel

Question 6

A corporation incorporated in Delaware with its headquarters and executive offices in Louisville, Kentucky is a citizen of which state(s) for diversity purposes?

Accepted Answer

Both Delaware and Kentucky

Answer

Delaware only

Answer

Kentucky only

Answer

Every state in which it does business

Question 7

A party moves for summary judgment. To defeat the motion, the nonmoving party must do what?

Accepted Answer

Show a genuine dispute of material fact through evidence in the record, not mere allegations

Answer

Rest on the denials in its pleadings

Answer

Demand a jury trial

Answer

File a motion to dismiss in response