TN Bar Tennessee Civil Procedure 2

Question 1

Under Tennessee Rule of Civil Procedure 56, summary judgment is appropriate when:

Accepted Answer

There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law

Answer

The plaintiff requests it

Answer

The case is purely legal in nature

Answer

Both parties consent to it

Question 2

Tennessee's comparative fault system for personal injury is best described as:

Accepted Answer

Modified comparative fault with a 50% bar

Answer

Pure contributory negligence

Answer

Pure comparative fault

Answer

Modified comparative fault with a 51% bar

Question 3

Under TRCP Rule 15, a party may amend its pleading as a matter of course within how many days after service of the pleading?

Accepted Answer

21 days

Answer

15 days

Answer

30 days

Answer

60 days

Question 4

In Tennessee, the discovery rule tolls the statute of limitations until the plaintiff:

Accepted Answer

Knows or should know of the injury and its cause

Answer

Is actually harmed

Answer

Retains an attorney

Answer

Files a complaint

Question 5

A Tennessee Circuit Court judgment may be appealed to which court?

Accepted Answer

Tennessee Court of Appeals

Answer

Tennessee Supreme Court

Answer

Tennessee Court of Criminal Appeals

Answer

Federal District Court

Question 6

Under Tennessee's savings statute (T.C.A. § 28-1-105), if an action is dismissed without prejudice, the plaintiff generally has how long to refile?

Accepted Answer

1 year

Answer

6 months

Answer

2 years

Answer

The original limitations period restarts