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 party invoking federal jurisdiction bears the burden of establishing that subject matter jurisdiction requirements, including the amount in controversy, are satisfied.

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

Under FRCP 12(a)(1)(A)(i), a defendant must serve an answer within 21 days after being served with the summons and complaint.

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

Upon receiving notice of inadvertent production of privileged material, the receiving party must promptly return, sequester, or destroy the specified information and may not use it until the privilege claim is resolved.

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

A judgment is void under Rule 60(b)(4) when the court lacked personal jurisdiction over the defendant, and there is no time limit for seeking relief from a void judgment.

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

Under FRCP 30(b)(6), a corporation must designate one or more representatives who will testify on its behalf as to matters described in the deposition notice.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Civil Procedure 2