Civil Procedure Flashcards
7 cards from real TX BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Civil Procedure flashcards as text
Under FRCP Rule 26(b)(1), what is the permissible scope of discovery in federal civil litigation?
Answer: Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case
FRCP 26(b)(1), as amended in 2015, limits discovery to nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case.
Under Texas Rules of Civil Procedure, which discovery control plan applies by default to most civil cases?
Answer: Level 2
Under TRCP 190.3, Level 2 is the default discovery control plan; it applies unless the case qualifies for Level 1 or the court orders a Level 3 plan.
What is the standard for granting summary judgment under FRCP Rule 56?
Answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
FRCP 56(a) provides that summary judgment is appropriate when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Under Texas law, what is the effect of a plaintiff taking a voluntary nonsuit before presenting all evidence?
Answer: The case is dismissed without prejudice and the plaintiff may refile subject to any applicable limitations period
Under TRCP 162, a plaintiff may nonsuit at any time before presenting all evidence other than rebuttal, and the dismissal is without prejudice to refiling unless otherwise barred by law.
Under the minimum contacts test for personal jurisdiction, what constitutional minimum is required by International Shoe Co. v. Washington?
Answer: The defendant must have minimum contacts with the forum state such that maintaining suit does not offend traditional notions of fair play and substantial justice
International Shoe Co. v. Washington (1945) held that due process requires minimum contacts between the defendant and the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.
Which statement correctly describes the 'two-dismissal rule' under FRCP 41(a)(1)(B)?
Answer: If a plaintiff previously dismissed the same claim in any court, a second voluntary dismissal operates as an adjudication on the merits
FRCP 41(a)(1)(B) provides that a second voluntary dismissal of a previously dismissed claim operates as an adjudication on the merits, barring the plaintiff from refiling that claim.
Under TRCP 194.2, which of the following must be included in a party's mandatory initial disclosures?
Answer: The names, addresses, and telephone numbers of persons with knowledge of relevant facts
TRCP 194.2(b) requires disclosure of the names, addresses, and telephone numbers of persons with knowledge of relevant facts; expert information is governed separately by TRCP 194.2(f).