Multistate Bar Exam Civil Procedure 2

Question 1

A plaintiff files suit in federal court based solely on diversity jurisdiction.
The defendant moves to dismiss for lack of subject matter jurisdiction, arguing the amount in controversy does not exceed $75,000.
Who bears the burden of proof on this issue?

Accepted Answer

The plaintiff, as the party invoking federal jurisdiction

Answer

The defendant, as the moving party

Answer

Neither party; the court determines jurisdiction sua sponte

Answer

The party challenging jurisdiction always bears the burden

Question 2

A defendant is served with a complaint. Under the Federal Rules, within how many days must the defendant serve an answer if served within the United States?

Accepted Answer

21 days

Answer

14 days

Answer

28 days

Answer

30 days

Question 3

During discovery, a party receives documents from the opposing side that are clearly subject to attorney-client privilege but were inadvertently produced. Under FRCP 26(b)(5)(B), what must the receiving party do?

Accepted Answer

Notify the producing party and sequester the documents pending resolution

Answer

Immediately use the documents before they can be clawed back

Answer

File a motion with the court to determine if privilege applies

Answer

Destroy the documents immediately

Question 4

A federal court enters a default judgment against a defendant who was never properly served. The defendant learns of the judgment one year later. Under FRCP 60(b)(4), the defendant may seek relief from the judgment because:

Accepted Answer

The judgment is void due to lack of personal jurisdiction

Answer

Newly discovered evidence supports setting aside the judgment

Answer

The judgment was entered through fraud on the court

Answer

Enforcing the judgment would be unjust

Question 5

A plaintiff sues a corporation in federal court. The plaintiff's attorney seeks to depose the corporation. Under FRCP 30(b)(6), the corporation must:

Accepted Answer

Designate one or more representatives who will testify on the organization's behalf

Answer

Produce its CEO or highest-ranking officer

Answer

Allow the plaintiff to choose which employee to depose

Answer

Produce written answers to deposition questions in lieu of an oral deposition

Question 6

After a jury verdict, the losing party moves for judgment as a matter of law under FRCP 50(b). What standard does the court apply?

Accepted Answer

Whether a reasonable jury could find for the nonmoving party based on the evidence presented

Answer

Whether the court disagrees with the jury's factual findings

Answer

Whether the weight of the evidence favors the moving party

Answer

Whether the losing party raised the issue in a pre-verdict motion

Question 7

A class action is certified under FRCP 23(b)(3). After certification, class members are entitled to:

Accepted Answer

Notice and an opportunity to opt out of the class

Answer

No notice, as the class representative speaks for all

Answer

Notice but no opportunity to opt out

Answer

Notice only if they request it