OK Bar OK Bar Civil Procedure 2 — Questions and Answers
Question 1: Under FRCP Rule 56, summary judgment is appropriate when:
- The moving party presents stronger evidence than the nonmoving party
- There is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- The nonmoving party fails to appear at the hearing
- The court determines trial would be too expensive
Correct answer: There is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law
Rule 56 grants summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.
Question 2: Res judicata (claim preclusion) bars a second lawsuit when:
- The same parties litigate a different legal theory arising from the same transaction
- There is a final judgment on the merits between the same parties on the same claim (Correct answer)
- Any related claim was raised in prior litigation
- The statute of limitations has expired on the original claim
Correct answer: There is a final judgment on the merits between the same parties on the same claim
Claim preclusion requires a final judgment on the merits, the same parties, and the same claim or cause of action.
Question 3: Collateral estoppel (issue preclusion) prevents relitigation of an issue when the issue was:
- Raised but not decided in prior litigation
- Actually litigated, necessarily decided, and essential to a final judgment in prior litigation (Correct answer)
- Related to the same transaction as the original claim
- Decided by a court of equal or superior jurisdiction
Correct answer: Actually litigated, necessarily decided, and essential to a final judgment in prior litigation
Issue preclusion applies when an issue was actually litigated, necessarily decided, and essential to the prior final judgment.
Question 4: A default judgment may be entered against a defendant who:
- Fails to appear at the first hearing
- Fails to plead or otherwise defend within the time required after being served (Correct answer)
- Disagrees with the amount of damages claimed
- Is served by publication rather than personal service
Correct answer: Fails to plead or otherwise defend within the time required after being served
FRCP Rule 55 allows entry of default and default judgment when the defendant fails to timely plead or otherwise respond after proper service.
Question 5: Under FRCP Rule 11, an attorney signing a pleading certifies that:
- The client has authorized the lawsuit
- The claims are warranted by existing law or a nonfrivolous argument for its extension, and allegations have evidentiary support (Correct answer)
- No conflicts of interest exist
- All parties have been properly served
Correct answer: The claims are warranted by existing law or a nonfrivolous argument for its extension, and allegations have evidentiary support
Rule 11 requires that signed filings be legally warranted and factually supported after reasonable inquiry, enabling sanctions for violations.
Question 6: In Oklahoma, a plaintiff typically must file a lawsuit within how many years for most written contract claims?
- 2 years
- 3 years
- 5 years (Correct answer)
- 6 years
Correct answer: 5 years
Oklahoma's statute of limitations for written contracts is generally five years under 12 O.S. § 95.
OK Bar OK Bar Civil Procedure 2
Under FRCP Rule 56, summary judgment is appropriate when: