NC Bar Civil Procedure 2

Question 1

Under the Erie doctrine, a federal court sitting in diversity must apply:

Accepted Answer

State substantive law and federal procedural law

Answer

Erie Railroad Co. v. Tompkins requires federal diversity courts to apply state substantive law while applying federal procedural rules.

Question 2

A compulsory counterclaim under Rule 13(a) must be asserted if it:

Accepted Answer

Arises from the same transaction or occurrence as the opposing party's claim

Answer

Under Rule 13(a), a counterclaim is compulsory if it arises from the same transaction or occurrence as the plaintiff's claim — failure to plead it waives the claim.

Question 3

Venue in federal court is generally proper in a district where:

Accepted Answer

A substantial part of the events giving rise to the claim occurred, or where all defendants reside

Answer

Under 28 U.S.C. § 1391, venue is proper where any defendant resides if all defendants reside in the same state, or where a substantial part of the events occurred.

Question 4

The class action requirements of Rule 23(a) include all of the following EXCEPT:

Accepted Answer

Predominance of common issues over individual issues

Answer

Predominance is a Rule 23(b)(3) requirement for damages class actions, not one of the four threshold Rule 23(a) prerequisites.

Question 5

In North Carolina, the long-arm statute allows state courts to exercise personal jurisdiction over out-of-state defendants who:

Accepted Answer

Have sufficient minimum contacts with North Carolina under N.C.G.S. § 1-75.4

Answer

N.C.G.S. § 1-75.4 enumerates specific jurisdictional bases allowing North Carolina courts to reach out-of-state defendants with sufficient contacts with the state.

NC Bar - North Carolina Bar Exam Practice Test

NC Bar - North Carolina Bar Exam Practice Test

NC Bar Civil Procedure 2