Civil Procedure & Evidence Flashcards
6 cards from real LLM practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Civil Procedure & Evidence flashcards as text
Under the Federal Rules of Civil Procedure, what is the scope of permissible discovery?
Answer: Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case
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.
The 'work product doctrine' protects from discovery materials prepared:
Answer: By an attorney in anticipation of litigation
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.
Under Federal Rule of Evidence 404(b), evidence of prior bad acts is:
Answer: Admissible to prove motive, intent, knowledge, identity, or absence of mistake but not character
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.
What is 'personal jurisdiction' and what is the constitutional minimum contact standard?
Answer: A court's power over a defendant, requiring minimum contacts with the forum state such that exercising jurisdiction is fair and reasonable
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.
Under the Federal Rules of Evidence, the 'hearsay rule' excludes out-of-court statements offered to prove:
Answer: The truth of the matter asserted in the statement
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.
What standard of proof is required in a federal civil lawsuit?
Answer: Preponderance of the evidence (more likely than not)
The standard of proof in ordinary civil cases is preponderance of the evidence, meaning the party bearing the burden must show it is more likely than not (greater than 50%) that their claim is true.