OH Bar OH Bar Civil Procedure 2 — Questions and Answers
Question 1: Under Ohio Civ. R. 23, which of the following is NOT a required prerequisite for class certification?
- Numerosity
- Commonality
- Typicality
- Superiority (Correct answer)
Correct answer: Superiority
Numerosity, commonality, typicality, and adequacy of representation are the four threshold prerequisites under Civ. R. 23(A); superiority is an additional requirement only for certain types of class actions under Civ. R. 23(B)(3), not a universal prerequisite.
Question 2: The doctrine of res judicata in Ohio bars relitigation of claims that:
- Were actually litigated and decided in the prior action
- Arise from the same transaction or occurrence as the prior action, whether raised or not (Correct answer)
- Involve the same parties but different legal theories
- Were dismissed without prejudice in a prior action
Correct answer: Arise from the same transaction or occurrence as the prior action, whether raised or not
Ohio's claim preclusion (res judicata) bars all claims arising from the same transaction or occurrence that were or could have been raised in the prior proceeding, not just those that were actually litigated.
Question 3: In Ohio, venue in a tort action is generally proper in which county?
- Only the county where the defendant resides
- Any county where a defendant resides, where the cause of action arose, or where the defendant conducts activity (Correct answer)
- Only the county where the plaintiff resides
- Only the county where the principal office of the defendant is located
Correct answer: Any county where a defendant resides, where the cause of action arose, or where the defendant conducts activity
Ohio Civ. R. 3(B) lists multiple permissible venues for a tort action, including the county where the defendant resides, where the defendant has a principal place of business, or where the cause of action arose.
Question 4: Under Ohio law, what is the purpose of a Civ. R. 68 offer of judgment?
- To compel the opposing party to settle before trial
- To shift litigation costs and fees if the offeree rejects the offer and does not obtain a more favorable verdict (Correct answer)
- To admit liability while contesting damages
- To stay the proceedings pending arbitration
Correct answer: To shift litigation costs and fees if the offeree rejects the offer and does not obtain a more favorable verdict
Ohio Civ. R. 68 allows a party to serve an offer of judgment; if the offeree rejects it and the final judgment is not more favorable, the offeree must pay the offeror's post-offer costs, creating a settlement incentive.
Question 5: Which Ohio court has original jurisdiction over civil actions where the amount in controversy exceeds $15,000?
- Ohio Municipal Court
- Ohio County Court
- Ohio Court of Common Pleas (Correct answer)
- Ohio Court of Appeals
Correct answer: Ohio Court of Common Pleas
Ohio Courts of Common Pleas have original jurisdiction over civil actions in which the amount in controversy exceeds $15,000, while municipal courts handle smaller civil claims.
Question 6: Under Ohio Civ. R. 15(A), a party may amend a pleading once as a matter of course within how many days after serving the pleading?
- 14 days
- 21 days
- 28 days (Correct answer)
- 30 days
Correct answer: 28 days
Ohio Civ. R. 15(A) allows a party to amend its pleading once as a matter of course within 21 days after serving it, or within 21 days after service of a responsive pleading or certain motions.
OH Bar OH Bar Civil Procedure 2
Under Ohio Civ.
R. 23, which of the following is NOT a required prerequisite for class certification?