LLM Civil Procedure & Evidence 2

Question 1

Under the Federal Rules of Civil Procedure, what is the scope of permissible discovery?

Accepted Answer

Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case

Answer

FRCP Rule 26(b)(1) permits discovery of any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case, considering factors like importance and burden.

Question 2

The 'work product doctrine' protects from discovery materials prepared:

Accepted Answer

By an attorney in anticipation of litigation

Answer

The work product doctrine, codified in FRCP Rule 26(b)(3), protects documents and tangible things prepared by a party or its representative in anticipation of litigation.

Question 3

Under Federal Rule of Evidence 404(b), evidence of prior bad acts is:

Accepted Answer

Admissible to prove motive, intent, knowledge, identity, or absence of mistake but not character

Answer

FRE 404(b) prohibits other acts evidence to prove character and conforming action, but allows it for purposes such as proving intent, motive, knowledge, identity, or absence of mistake.

Question 4

What is 'personal jurisdiction' and what is the constitutional minimum contact standard?

Accepted Answer

A court's power over a defendant, requiring minimum contacts with the forum state such that exercising jurisdiction is fair and reasonable

Answer

Personal jurisdiction requires that the defendant have minimum contacts with the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice, per International Shoe Co. v. Washington.

Question 5

Under the Federal Rules of Evidence, the 'hearsay rule' excludes out-of-court statements offered to prove:

Accepted Answer

The truth of the matter asserted in the statement

Answer

FRE 801 defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted; only such statements are subject to the hearsay prohibition under FRE 802.

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Civil Procedure & Evidence 2