TX Bar Civil Procedure 2

Question 1

Under FRCP Rule 26(b)(1), what is the permissible scope of discovery in federal civil litigation?

Accepted Answer

Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case

Answer

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.

Question 2

Under Texas Rules of Civil Procedure, which discovery control plan applies by default to most civil cases?

Accepted Answer

Level 2

Answer

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.

Question 3

What is the standard for granting summary judgment under FRCP Rule 56?

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

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.

Question 4

Under Texas law, what is the effect of a plaintiff taking a voluntary nonsuit before presenting all evidence?

Accepted Answer

The case is dismissed without prejudice and the plaintiff may refile subject to any applicable limitations period

Answer

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.

Question 5

Under the minimum contacts test for personal jurisdiction, what constitutional minimum is required by International Shoe Co. v. Washington?

Accepted 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

Answer

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.

(TX Bar) Texas Bar Exam Practice Test

(TX Bar) Texas Bar Exam Practice Test

TX Bar Civil Procedure 2