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 FRCP Rule 56, summary judgment is appropriate when:
Answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
Rule 56 permits summary judgment when the moving party demonstrates there is no genuine dispute of material fact, entitling the movant to judgment as a matter of law without trial.
The 'collateral order doctrine' allows immediate appeal of which types of orders?
Answer: Orders that conclusively resolve important issues separate from the merits that would be unreviewable on final appeal
The collateral order doctrine permits appeal of orders that conclusively determine a disputed question separate from the merits, involve important rights, and would be effectively unreviewable after final judgment.
Under Federal Rule of Evidence 803, the 'business records exception' to hearsay admits records that were:
Answer: Made at or near the time of the event by someone with knowledge, kept in the regular course of business, and made as a regular practice
FRE 803(6) admits records of a regularly conducted activity made at or near the time of the act by someone with knowledge, in a regular course of business, as a regular practice.
The doctrine of 'collateral estoppel' (issue preclusion) prevents relitigation of an issue when:
Answer: The issue was actually litigated, necessarily decided, and the decision was essential to the final judgment
Issue preclusion bars relitigation of an issue that was actually litigated, actually decided, and necessarily determined in a valid, final judgment.
Under FRCP Rule 23, a class action may be certified only if which threshold requirements are met?
Answer: Numerosity, commonality, typicality, and adequacy of representation
Rule 23(a) requires numerosity (too many for joinder), commonality (shared questions of law or fact), typicality (representative claims typical of the class), and adequacy of representation.
What is the primary purpose of the 'exclusionary rule' in federal criminal proceedings?
Answer: To deter future police misconduct by barring evidence obtained through unconstitutional searches and seizures
The exclusionary rule bars the use of evidence obtained in violation of the Fourth Amendment, primarily serving as a deterrent against future unconstitutional police conduct.