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

28 U.S.C. § 1332 requires complete diversity (no plaintiff and defendant share citizenship) and an amount in controversy exceeding $75,000, exclusive of interest and costs.

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

Erie Railroad Co. v. Tompkins (1938) held that federal courts in diversity cases must apply the substantive law of the state in which they sit, while applying the Federal Rules of Civil Procedure.

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

A Rule 12(b)(6) motion tests the legal sufficiency of the complaint; dismissal is proper when the plaintiff fails to plead a plausible claim under the Twombly/Iqbal pleading standard.

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

Res judicata bars relitigation of claims that were or could have been raised in prior proceedings that resulted in a final judgment on the merits between the same parties.

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

FRE 702, as interpreted by Daubert v. Merrell Dow Pharmaceuticals, requires that expert testimony rest on sufficient facts, reliable methods, and reliable application of those methods to the case.

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Civil Procedure & Evidence