VT Bar Civil Procedure 2

Question 1

Under the Federal Rules of Civil Procedure, when must a defendant serve an answer after being served with the summons and complaint?

Accepted Answer

21 days

Answer

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)?

Accepted Answer

Improper joinder of parties

Answer

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:

Accepted Answer

State substantive law and federal procedural law

Answer

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:

Accepted Answer

Exceeds $75,000, exclusive of interest and costs

Answer

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?

Accepted Answer

21 days

Answer

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.

(VT Bar) Vermont Bar Exam Practice Test

(VT Bar) Vermont Bar Exam Practice Test

VT Bar Civil Procedure 2