Lawyer Civil Litigation & Procedure 2 — Questions and Answers
Question 1: What is 'summary judgment' under FRCP Rule 56 and when is it granted?
- A pretrial judgment for the moving party when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- A judgment entered by the court when the opposing party fails to respond to the complaint
- A ruling the judge makes after hearing opening statements but before evidence is presented
- A short-form judgment available only in small claims court
Correct answer: A pretrial judgment for the moving party when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law
Summary judgment is granted when the moving party shows there is no genuine issue of material fact and they are entitled to judgment as a matter of law, eliminating the need for a trial.
Question 2: What is the 'preponderance of the evidence' standard in civil cases?
- The plaintiff must prove their claims are more likely true than not — greater than 50% probability (Correct answer)
- The plaintiff must prove their claims by clear and convincing evidence
- The plaintiff must produce at least three independent witnesses
- The plaintiff must prove each element with documentary evidence
Correct answer: The plaintiff must prove their claims are more likely true than not — greater than 50% probability
Preponderance of the evidence requires the party with the burden of proof to show their claim is more probable than not — a slight tipping of the scales in their favor is sufficient.
Question 3: What is 'class action litigation' and what requirements must be met under FRCP Rule 23?
- A lawsuit where one or more plaintiffs represent a large group with common claims, requiring numerosity, commonality, typicality, and adequacy (Correct answer)
- Any lawsuit involving more than 100 plaintiffs filed in federal court
- A lawsuit where the government represents private citizens in a public interest matter
- A mass tort lawsuit automatically consolidated by the court
Correct answer: A lawsuit where one or more plaintiffs represent a large group with common claims, requiring numerosity, commonality, typicality, and adequacy
Rule 23 requires class actions to meet four prerequisites: numerosity (too many for joinder), commonality (shared legal or factual questions), typicality (representative claims are typical), and adequacy of representation.
Question 4: What is an 'injunction' in civil litigation and what standard governs its issuance?
- A court order compelling or prohibiting action, issued when money damages are inadequate and other equitable factors favor relief (Correct answer)
- A court order requiring the defendant to pay a specified sum within 30 days
- An automatic stay entered when a lawsuit is filed against a business
- A court order requiring the parties to attempt mediation before proceeding
Correct answer: A court order compelling or prohibiting action, issued when money damages are inadequate and other equitable factors favor relief
A preliminary injunction is granted when the movant shows likelihood of success on the merits, irreparable harm, balance of equities in their favor, and that the public interest is not disserved.
Question 5: What is the 'Erie doctrine' in federal civil procedure?
- Federal courts sitting in diversity must apply the substantive law of the state where they sit, but apply federal procedural rules (Correct answer)
- Federal courts must follow only federal common law, never state law
- Federal courts apply federal law to all cases removed from state court
- State courts must apply federal procedural rules in any case involving a federal statute
Correct answer: Federal courts sitting in diversity must apply the substantive law of the state where they sit, but apply federal procedural rules
Erie R.R. v. Tompkins (1938) held that federal courts in diversity cases must apply state substantive law but may use Federal Rules of Civil Procedure for procedural matters.
Question 6: What does 'res judicata' (claim preclusion) prevent in subsequent litigation?
- A party from relitigating claims that were or could have been raised in prior litigation that resulted in a final judgment (Correct answer)
- A defendant from using prior convictions as evidence in civil cases
- A party from bringing the same legal theory in two different courts simultaneously
- A court from hearing a case that was previously voluntarily dismissed
Correct answer: A party from relitigating claims that were or could have been raised in prior litigation that resulted in a final judgment
Res judicata bars relitigation of all claims arising from the same transaction that were or should have been litigated in a prior action that reached a final judgment on the merits.
Lawyer Civil Litigation & Procedure 2
What is 'summary judgment' under FRCP Rule 56 and when is it granted?