LLM Civil Procedure & Evidence

Question 1

Under the Federal Rules of Civil Procedure, what are the requirements for federal subject matter jurisdiction based on diversity of citizenship?

Accepted Answer

Complete diversity of citizenship between parties and the amount in controversy exceeds $75,000

Answer

Any party is a citizen of a different state from any other party and any amount is at issue

Answer

At least one party must be a foreign national and amount exceeds $50,000

Answer

Both parties are from different states and the claim exceeds $100,000

Question 2

The 'Erie doctrine' in federal courts requires that:

Accepted Answer

Federal courts sitting in diversity must apply state substantive law but federal procedural rules

Answer

Federal courts must defer to state courts on all constitutional questions

Answer

Federal law governs in all cases involving out-of-state defendants

Answer

Federal courts must follow state evidence rules in diversity cases

Question 3

Under Federal Rule of Civil Procedure 12(b)(6), a motion to dismiss is granted when:

Accepted Answer

The complaint fails to state a claim upon which relief can be granted

Answer

The court lacks personal jurisdiction over the defendant

Answer

The plaintiff has not completed discovery

Answer

Service of process was defective

Question 4

The doctrine of 'res judicata' (claim preclusion) bars a subsequent lawsuit when:

Accepted Answer

There was a final judgment on the merits in a prior action involving the same parties and same claim

Answer

The parties had an opportunity to litigate the issue in a prior proceeding

Answer

A court has already issued a preliminary injunction in the case

Answer

Both parties agree that the first judgment was correct

Question 5

Under Federal Rule of Evidence 702, expert testimony is admissible when the expert's opinion is based on:

Accepted Answer

Sufficient facts, reliable methods, and reliable application of those methods to the case facts

Answer

The expert's personal belief and professional reputation

Answer

Any peer-reviewed publication in the relevant field

Answer

Methods accepted by a majority of practitioners in the field

Question 6

Which of the following correctly describes the attorney-client privilege?

Accepted Answer

Confidential communications between attorney and client made for the purpose of obtaining legal advice are protected from disclosure

Answer

All communications between a lawyer and client are privileged regardless of purpose

Answer

The privilege belongs to the attorney and can only be waived by the attorney

Answer

The privilege extends to all members of a client's family