Multistate Bar Exam Civil Procedure 5

Question 1

A jury verdict is entered in favor of the plaintiff.
The defendant files a motion for a new trial under FRCP 59, arguing that the damages award is excessive.
What standard does the court apply when reviewing the damages?

Accepted Answer

The court grants a new trial if the verdict is against the weight of the evidence, even if supported by substantial evidence

Answer

The court grants a new trial only if no reasonable jury could have returned the verdict

Answer

The court applies the same standard as a motion for judgment as a matter of law

Answer

The court must accept the jury's determination on damages without review

Question 2

A plaintiff files a federal lawsuit that is ultimately dismissed on the merits. The plaintiff then files an identical suit in a different federal court. Under claim preclusion (res judicata), the second suit will be barred if:

Accepted Answer

The first judgment was on the merits, involving the same claim and the same parties

Answer

The first dismissal was without prejudice

Answer

The second court has jurisdiction over different subject matter

Answer

The plaintiff adds one new allegation to the second complaint

Question 3

Plaintiff and Defendant are involved in federal litigation. Plaintiff serves Defendant with interrogatories. Under FRCP 33, Defendant must respond within:

Accepted Answer

30 days

Answer

14 days

Answer

21 days

Answer

45 days

Question 4

A plaintiff sues in federal court and voluntarily dismisses the action under FRCP 41(a)(1). The plaintiff had previously dismissed the same claim in state court. What is the effect of this federal dismissal?

Accepted Answer

The dismissal operates as an adjudication on the merits under the 'two dismissal rule'

Answer

The dismissal is without prejudice because it is the plaintiff's first federal dismissal

Answer

The dismissal requires court approval because a prior dismissal exists

Answer

The plaintiff may re-file the claim in any federal court

Question 5

Under FRCP 26(a)(1), parties must make initial disclosures without awaiting a discovery request. Which of the following is NOT required in initial disclosures?

Accepted Answer

The names and addresses of all potential witnesses the party does not intend to call at trial

Answer

The name of each individual likely to have discoverable information the disclosing party may use to support its claims

Answer

A copy or description of documents the disclosing party may use to support its claims

Answer

A computation of each category of damages claimed

Question 6

A plaintiff files a federal diversity action but names a defendant who is a citizen of the same state as the plaintiff. Weeks later, the plaintiff realizes the diversity-destroying defendant is not actually a necessary party and seeks to dismiss that defendant. The court should:

Accepted Answer

Allow the dismissal of the dispensable non-diverse defendant and retain jurisdiction

Answer

Dismiss the entire action for lack of subject matter jurisdiction

Answer

Require the plaintiff to start a new action in state court

Answer

Transfer the case to state court under 28 U.S.C. § 1447

Question 7

A plaintiff in a federal action seeks to conduct more than 10 depositions. Under FRCP 30(a)(2)(A)(i), the plaintiff may exceed the 10-deposition limit only by:

Accepted Answer

Obtaining stipulation of the parties or leave of court

Answer

Filing a motion demonstrating good cause

Answer

Serving written notice on all parties at least 30 days in advance

Answer

Demonstrating that each additional deponent has unique knowledge