NALA Civil Litigation Procedures 4

Question 1

What does 'collateral estoppel' (issue preclusion) prevent in civil litigation?

Accepted Answer

Re-litigation of issues actually litigated and decided in prior proceedings

Answer

Collateral estoppel prevents a party from relitigating a specific issue that was actually litigated, necessarily decided, and essential to a final judgment in prior litigation.

Question 2

In federal diversity jurisdiction, what minimum amount in controversy is generally required?

Accepted Answer

$75,000

Answer

Under 28 U.S.C. § 1332, federal courts have diversity jurisdiction only when the amount in controversy exceeds $75,000, exclusive of interest and costs.

Question 3

What is a 'bench trial' in civil litigation?

Accepted Answer

A trial decided by the judge without a jury

Answer

In a bench trial, the judge serves as both the finder of fact and law, determining the outcome without a jury.

Question 4

What is the role of a 'special master' in federal civil litigation?

Accepted Answer

A court-appointed person who assists with specific tasks like discovery disputes

Answer

Under FRCP Rule 53, a special master is a neutral appointee who assists the court with specific tasks such as managing complex discovery, computing damages, or overseeing compliance.

Question 5

Under FRCP Rule 11, what is the consequence for filing a pleading for an improper purpose?

Accepted Answer

Sanctions imposed by the court

Answer

Rule 11 authorizes courts to impose sanctions, including monetary penalties and attorney's fees, when a pleading is filed for an improper purpose or without legal or factual basis.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Civil Litigation Procedures 4