OK Bar OK Bar Civil Procedure 2

Question 1

Under FRCP Rule 56, summary judgment is appropriate when:

Accepted Answer

There is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law

Answer

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:

Accepted Answer

There is a final judgment on the merits between the same parties on the same claim

Answer

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:

Accepted Answer

Actually litigated, necessarily decided, and essential to a final judgment in prior litigation

Answer

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:

Accepted Answer

Fails to plead or otherwise defend within the time required after being served

Answer

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:

Accepted Answer

The claims are warranted by existing law or a nonfrivolous argument for its extension, and allegations have evidentiary support

Answer

Rule 11 requires that signed filings be legally warranted and factually supported after reasonable inquiry, enabling sanctions for violations.

(OK Bar) Oklahoma Bar Exam Practice Test