Lawyer Civil Litigation & Procedure 1 — Questions and Answers
Question 1: What is 'personal jurisdiction' and what must a court establish before hearing a case?
- The court's authority over the parties, typically requiring minimum contacts with the forum state (Correct answer)
- The court's right to hear cases involving a particular subject matter
- The geographic area in which a court can physically operate
- The requirement that all parties appear in person at the courthouse
Correct answer: The court's authority over the parties, typically requiring minimum contacts with the forum state
Personal jurisdiction requires that the defendant have sufficient minimum contacts with the forum state such that exercising jurisdiction does not offend traditional notions of fair play and substantial justice (International Shoe).
Question 2: Under the Federal Rules of Civil Procedure Rule 11, what obligation do attorneys have when filing documents?
- Certify that the filing is not frivolous, has factual support, and is not filed for an improper purpose (Correct answer)
- Obtain client's written consent before filing any motion
- File all documents 30 days before the deadline set by the court
- Submit a conflict-of-interest disclosure with every filing
Correct answer: Certify that the filing is not frivolous, has factual support, and is not filed for an improper purpose
Rule 11 requires attorneys to certify that filings have reasonable factual and legal merit and are not submitted for harassment, delay, or other improper purposes.
Question 3: What is 'subject matter jurisdiction' for federal courts?
- Federal courts may only hear cases involving federal questions or diversity of citizenship with sufficient amount in controversy (Correct answer)
- Federal courts may hear any case filed by a US citizen
- Federal courts have jurisdiction whenever a US government agency is named
- Federal courts have jurisdiction when either party requests removal
Correct answer: Federal courts may only hear cases involving federal questions or diversity of citizenship with sufficient amount in controversy
Federal subject matter jurisdiction exists for federal question cases (28 U.S.C. § 1331) and diversity cases where parties are from different states and the amount in controversy exceeds $75,000 (28 U.S.C. § 1332).
Question 4: What is 'venue' in civil procedure and how is it different from jurisdiction?
- Venue is the geographic location within a jurisdiction where a case is heard, while jurisdiction is the court's power to hear the case at all (Correct answer)
- Venue refers to the choice between state and federal court, while jurisdiction is geographic
- Venue is the subject matter of the case, while jurisdiction is the parties' identity
- Venue applies only in criminal cases, while jurisdiction applies in civil cases
Correct answer: Venue is the geographic location within a jurisdiction where a case is heard, while jurisdiction is the court's power to hear the case at all
Jurisdiction is the court's authority to hear the case; venue determines which specific courthouse within a court system is the proper location for the lawsuit.
Question 5: Under FRCP Rule 12(b)(6), what must a plaintiff's complaint satisfy to survive a motion to dismiss?
- The complaint must plead sufficient facts to state a claim for relief that is plausible on its face (Correct answer)
- The plaintiff must produce evidence proving each element of the claim
- The complaint must identify specific witnesses and documents supporting each allegation
- The plaintiff must show a likelihood of success exceeding 50%
Correct answer: The complaint must plead sufficient facts to state a claim for relief that is plausible on its face
Under the Twombly/Iqbal standard, a complaint must plead factual content that allows the court to draw a reasonable inference that the defendant is liable — mere conclusory allegations are insufficient.
Question 6: What is 'discovery' in civil litigation and what tools does FRCP provide?
- The pre-trial process for obtaining evidence, including depositions, interrogatories, document requests, and admissions (Correct answer)
- The judge's review of evidence before allowing it at trial
- The process by which parties disclose their expert witnesses
- A hearing where the judge decides what evidence is admissible at trial
Correct answer: The pre-trial process for obtaining evidence, including depositions, interrogatories, document requests, and admissions
Discovery allows parties to obtain facts and materials from each other and third parties using depositions, written interrogatories, requests for production, requests for admissions, and physical/mental examinations.
Lawyer Civil Litigation & Procedure 1
What is 'personal jurisdiction' and what must a court establish before hearing a case?