PA Bar Civil Procedure 2

Question 1

In Pennsylvania, a complaint must be filed within the applicable statute of limitations, which for most personal injury claims is:

Accepted Answer

2 years

Answer

Under 42 Pa. C.S. § 5524, the statute of limitations for personal injury actions in Pennsylvania is two years from the date the cause of action accrues.

Question 2

Under Pennsylvania's 'discovery rule,' when does the statute of limitations begin to run for a latent injury?

Accepted Answer

When the plaintiff knew or reasonably should have known of the injury and its cause

Answer

Pennsylvania's discovery rule tolls the statute of limitations until the plaintiff knew or in the exercise of reasonable diligence should have known of the injury and its cause.

Question 3

Pennsylvania Rule of Civil Procedure 4019 permits which sanction for discovery abuse?

Accepted Answer

Dismissal of the action or striking of pleadings, among others

Answer

Rule 4019 authorizes courts to impose a wide range of sanctions for discovery violations, including striking pleadings, entering default judgment, or dismissing the action.

Question 4

Which Pennsylvania procedural mechanism allows a party to challenge the legal sufficiency of a complaint without raising factual defenses?

Accepted Answer

Preliminary objections in the nature of a demurrer

Answer

Preliminary objections in the nature of a demurrer under Pa. R.C.P. 1028 challenge whether the complaint states a legally sufficient claim accepting all well-pleaded facts as true.

Question 5

Under Pennsylvania's rules, a party seeking summary judgment must show:

Accepted Answer

That there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law

Answer

Under Pa. R.C.P. 1035.2, a court shall enter summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar Civil Procedure 2