SD Bar Civil Procedure 2

Question 1

In South Dakota, what is the doctrine of res judicata?

Accepted Answer

A final judgment on the merits bars relitigation of the same claim between the same parties

Answer

Res judicata prevents parties from relitigating claims that were or could have been raised in a prior action resulting in a final judgment on the merits.

Question 2

What is the process for enforcing a judgment in South Dakota?

Accepted Answer

The prevailing party may use garnishment, execution on property, or other collection methods to satisfy the judgment

Answer

South Dakota provides several enforcement mechanisms for civil judgments including wage garnishment, bank levies, and execution on real and personal property.

Question 3

Under South Dakota civil rules, what is a counterclaim?

Accepted Answer

A claim asserted by the defendant against the plaintiff in the same action

Answer

A counterclaim allows the defendant to assert their own legal claim against the plaintiff within the same lawsuit, often arising from the same transaction.

Question 4

What is the South Dakota standard for granting a temporary restraining order?

Accepted Answer

The applicant must show likelihood of irreparable harm and a likelihood of success on the merits

Answer

A TRO requires showing that irreparable harm will occur without the order and that the applicant is likely to succeed on the merits of their underlying claim.

Question 5

In South Dakota, what is the standard for admission of expert testimony?

Accepted Answer

The expert must have specialized knowledge that will help the trier of fact, and the testimony must be reliable

Answer

Expert testimony is admissible if the witness has specialized knowledge helpful to the trier of fact and the testimony is based on reliable principles and methods.

(SD Bar) South Dakota Bar Exam Practice Test

(SD Bar) South Dakota Bar Exam Practice Test

SD Bar Civil Procedure 2