OH Bar OH Bar Civil Procedure 2

Question 1

Under Ohio Civ. R. 23, which of the following is NOT a required prerequisite for class certification?

Accepted Answer

Superiority

Answer

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:

Accepted Answer

Arise from the same transaction or occurrence as the prior action, whether raised or not

Answer

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?

Accepted Answer

Any county where a defendant resides, where the cause of action arose, or where the defendant conducts activity

Answer

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?

Accepted Answer

To shift litigation costs and fees if the offeree rejects the offer and does not obtain a more favorable verdict

Answer

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?

Accepted Answer

Ohio Court of Common Pleas

Answer

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.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar OH Bar Civil Procedure 2