PA Bar Civil Procedure 3

Question 1

Pennsylvania's long-arm statute, 42 Pa. C.S. § 5322, allows Pennsylvania courts to exercise personal jurisdiction over non-residents who:

Accepted Answer

Transact business in Pennsylvania, among other enumerated contacts

Answer

Section 5322 enumerates specific bases for long-arm jurisdiction, including transacting business, contracting to supply goods or services, causing harm, and other contacts with Pennsylvania.

Question 2

Under Pa. R.C.P. 227.1, a post-trial motion for a new trial or for judgment notwithstanding the verdict must be filed within how many days of the verdict?

Accepted Answer

30 days

Answer

Rule 227.1 requires post-trial motions to be filed within 10 days of the verdict; however, parties commonly file within the court's local rule deadline, and the rule specifies 10 days for the motion to be filed.

Question 3

What Pennsylvania doctrine provides that a party who did not raise an issue in the trial court generally cannot raise it for the first time on appeal?

Accepted Answer

Issue preservation / waiver doctrine

Answer

Pennsylvania's issue preservation rule requires that claims be raised and preserved at the trial court level; failure to do so results in waiver on appeal.

Question 4

In a Pennsylvania civil action, which party bears the burden of proof and by what standard?

Accepted Answer

The plaintiff, by a preponderance of the evidence

Answer

In most Pennsylvania civil actions the plaintiff bears the burden of proving each element of the claim by a preponderance of the evidence — more likely true than not.

Question 5

Under Pennsylvania Rule of Civil Procedure 1038, what is the effect of a demand for a jury trial filed by any party?

Accepted Answer

The entire case proceeds before a jury

Answer

Under Rule 1038, once any party makes a timely demand for jury trial, all triable issues of fact are tried before a jury unless the parties thereafter stipulate to a non-jury trial.

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar Civil Procedure 3