Lawyer Civil Litigation & Procedure

Question 1

What is 'personal jurisdiction' and what must a court establish before hearing a case?

Accepted Answer

The court's authority over the parties, typically requiring minimum contacts with the forum state

Answer

The court's right to hear cases involving a particular subject matter

Answer

The geographic area in which a court can physically operate

Answer

The requirement that all parties appear in person at the courthouse

Question 2

Under the Federal Rules of Civil Procedure Rule 11, what obligation do attorneys have when filing documents?

Accepted Answer

Certify that the filing is not frivolous, has factual support, and is not filed for an improper purpose

Answer

Obtain client's written consent before filing any motion

Answer

File all documents 30 days before the deadline set by the court

Answer

Submit a conflict-of-interest disclosure with every filing

Question 3

What is 'subject matter jurisdiction' for federal courts?

Accepted Answer

Federal courts may only hear cases involving federal questions or diversity of citizenship with sufficient amount in controversy

Answer

Federal courts may hear any case filed by a US citizen

Answer

Federal courts have jurisdiction whenever a US government agency is named

Answer

Federal courts have jurisdiction when either party requests removal

Question 4

What is 'venue' in civil procedure and how is it different from jurisdiction?

Accepted 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

Answer

Venue refers to the choice between state and federal court, while jurisdiction is geographic

Answer

Venue is the subject matter of the case, while jurisdiction is the parties' identity

Answer

Venue applies only in criminal cases, while jurisdiction applies in civil cases

Question 5

Under FRCP Rule 12(b)(6), what must a plaintiff's complaint satisfy to survive a motion to dismiss?

Accepted Answer

The complaint must plead sufficient facts to state a claim for relief that is plausible on its face

Answer

The plaintiff must produce evidence proving each element of the claim

Answer

The complaint must identify specific witnesses and documents supporting each allegation

Answer

The plaintiff must show a likelihood of success exceeding 50%

Question 6

What is 'discovery' in civil litigation and what tools does FRCP provide?

Accepted Answer

The pre-trial process for obtaining evidence, including depositions, interrogatories, document requests, and admissions

Answer

The judge's review of evidence before allowing it at trial

Answer

The process by which parties disclose their expert witnesses

Answer

A hearing where the judge decides what evidence is admissible at trial