OK Bar Civil Procedure Flashcards

Under FRCP Rule 56, summary judgment is appropriate when:

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.

Res judicata (claim preclusion) bars a second lawsuit when:

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.

Collateral estoppel (issue preclusion) prevents relitigation of an issue when the issue was:

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.

A default judgment may be entered against a defendant who:

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.

Under FRCP Rule 11, an attorney signing a pleading certifies that:

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.

In Oklahoma, a plaintiff typically must file a lawsuit within how many years for most written contract claims?

Answer: 5 years

Oklahoma's statute of limitations for written contracts is generally five years under 12 O.S. § 95.