OK Bar Civil Procedure Flashcards

Under FRCP Rule 26, the scope of discovery covers:

Answer: Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case

Rule 26 permits discovery of any relevant, nonprivileged information proportional to the case's needs, even if not admissible at trial.

The work-product doctrine protects from discovery:

Answer: Materials prepared by or for a party or its attorney in anticipation of litigation

The work-product doctrine shields documents and tangible things prepared in anticipation of litigation from routine discovery.

A preliminary injunction requires the moving party to show, among other things:

Answer: Likelihood of success on the merits, irreparable harm, balance of equities in its favor, and that relief serves the public interest

Courts apply a four-factor test for preliminary injunctions: likelihood of success, irreparable harm, balance of harms, and public interest.

Compulsory counterclaims under FRCP Rule 13(a) are claims that:

Answer: Arise out of the same transaction or occurrence as the opposing party's claim and must be raised or be waived

Rule 13(a) requires a defendant to raise compulsory counterclaims arising from the same transaction or forfeit them in future litigation.

Class action certification under FRCP Rule 23 requires satisfying all four prerequisites of numerosity, commonality, typicality, and:

Answer: Adequacy of representation

Rule 23(a)'s four prerequisites are numerosity, commonality, typicality, and adequacy of representation of the class.

Under the doctrine of forum non conveniens, a court may dismiss a case when:

Answer: An alternative forum exists that is significantly more convenient and the balance of private and public interests favors dismissal

Forum non conveniens allows dismissal when a substantially more convenient alternative forum exists and both private and public interest factors favor it.