VT Bar Civil Procedure 2 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure, when must a defendant serve an answer after being served with the summons and complaint?
- 14 days
- 21 days (Correct answer)
- 30 days
- 60 days
Correct answer: 21 days
FRCP 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.
Question 2: Which of the following is NOT a ground for dismissal under FRCP 12(b)?
- Lack of subject matter jurisdiction
- Failure to state a claim upon which relief can be granted
- Improper joinder of parties (Correct answer)
- Insufficient service of process
Correct answer: Improper joinder of parties
FRCP 12(b) lists seven specific grounds for dismissal; improper joinder is not among them, though misjoinder may lead to severance under FRCP 21.
Question 3: Under the Erie doctrine, a federal court sitting in diversity must apply:
- Federal common law on all issues
- State substantive law and federal procedural law (Correct answer)
- The law of the state where the federal court is located for all issues
- Federal law whenever a conflict exists between state and federal law
Correct answer: State substantive law and federal procedural law
Erie Railroad Co. v. Tompkins requires federal courts in diversity cases to apply state substantive law while following federal procedural rules.
Question 4: A plaintiff files suit in federal court based on diversity jurisdiction. The amount in controversy requirement under 28 U.S.C. § 1332 is satisfied when the claim:
- Involves exactly $75,000
- Exceeds $75,000, exclusive of interest and costs (Correct answer)
- Exceeds $50,000, exclusive of interest and costs
- Is at least $75,000, inclusive of interest and costs
Correct answer: Exceeds $75,000, exclusive of interest and costs
28 U.S.C. § 1332(a) requires that the matter in controversy exceed $75,000, exclusive of interest and costs.
Question 5: Under FRCP 15, a party may amend its pleading once as a matter of course within how many days after serving it, if no responsive pleading is required?
- 14 days
- 21 days (Correct answer)
- 30 days
- 60 days
Correct answer: 21 days
FRCP 15(a)(1)(B) allows amendment as a matter of course within 21 days after serving the pleading if a responsive pleading is not allowed.
Question 6: The doctrine of res judicata (claim preclusion) bars a subsequent lawsuit when:
- The same parties litigate the same claim that was or could have been raised in a prior final judgment on the merits (Correct answer)
- A prior court ruled on the same legal issue between different parties
- The statute of limitations has expired on the original claim
- The defendant raised the same defense in the prior action
Correct answer: The same parties litigate the same claim that was or could have been raised in a prior final judgment on the merits
Res judicata bars relitigation of claims that were or could have been raised between the same parties in a prior action that resulted in a final judgment on the merits.
Question 7: Under FRCP 26(b)(1), the scope of discovery includes information that is:
- Admissible at trial
- Relevant to any party's claim or defense and proportional to the needs of the case (Correct answer)
- Reasonably calculated to lead to the discovery of admissible evidence
- Not protected by any privilege
Correct answer: Relevant to any party's claim or defense and proportional to the needs of the case
The 2015 amendment to FRCP 26(b)(1) defines the scope of discovery as information relevant to any party's claim or defense and proportional to the needs of the case.
VT Bar Civil Procedure 2
Under the Federal Rules of Civil Procedure, when must a defendant serve an answer after being served with the summons and complaint?