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 are the requirements for federal subject matter jurisdiction based on diversity of citizenship?
Answer: Complete diversity of citizenship between parties and the amount in controversy exceeds $75,000
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.
The 'Erie doctrine' in federal courts requires that:
Answer: Federal courts sitting in diversity must apply state substantive law but federal procedural rules
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.
Under Federal Rule of Civil Procedure 12(b)(6), a motion to dismiss is granted when:
Answer: The complaint fails to state a claim upon which relief can be granted
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.
The doctrine of 'res judicata' (claim preclusion) bars a subsequent lawsuit when:
Answer: There was a final judgment on the merits in a prior action involving the same parties and same claim
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.
Under Federal Rule of Evidence 702, expert testimony is admissible when the expert's opinion is based on:
Answer: Sufficient facts, reliable methods, and reliable application of those methods to the case facts
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.
Which of the following correctly describes the attorney-client privilege?
Answer: Confidential communications between attorney and client made for the purpose of obtaining legal advice are protected from disclosure
The attorney-client privilege protects confidential communications between client and attorney made in confidence for the purpose of seeking or providing legal advice.