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

On a motion for new trial, the court may weigh the evidence and credibility of witnesses, granting relief if the verdict is against the clear weight of the evidence, even where some evidence supports the verdict.

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

Claim preclusion bars re-litigation when there is a final judgment on the merits, the same parties or those in privity, and the same cause of action (arising from the same transaction or occurrence).

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

Under FRCP 33(b)(2), the responding party must serve answers and any objections to interrogatories within 30 days after being served, unless the court orders otherwise.

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

Under FRCP 41(a)(1)(B)'s two-dismissal rule, if a plaintiff previously dismissed the same claim in any court (state or federal), a subsequent voluntary dismissal operates as an adjudication on the merits.

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

Initial disclosures require disclosure of witnesses and documents a party may use to support its claims or defenses, not all potential witnesses regardless of intended use.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Civil Procedure 5