VT Bar Civil Procedure 3 — Questions and Answers
Question 1: Under FRCP 56, summary judgment is appropriate when:
- The moving party demonstrates a prima facie case
- There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- The non-moving party fails to appear at the hearing
- The court finds the non-moving party's claims legally insufficient
Correct 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 shall be granted when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Question 2: In federal court, a civil case is removed from state to federal court by filing a notice of removal within:
- 21 days of service of the initial pleading
- 30 days of service of the initial pleading (Correct answer)
- 60 days of service of the initial pleading
- 90 days of commencement of the action
Correct answer: 30 days of service of the initial pleading
28 U.S.C. § 1446(b) requires a notice of removal to be filed within 30 days after receipt of the initial pleading by the defendant.
Question 3: Under FRCP 19, a party is required to be joined if feasible when:
- The party's absence might prejudice existing parties or the absent party, or leave existing parties subject to multiple or inconsistent obligations (Correct answer)
- The party has a financial interest in the outcome of the case
- The party was mentioned in the complaint
- The party resides in the same state as the plaintiff
Correct answer: The party's absence might prejudice existing parties or the absent party, or leave existing parties subject to multiple or inconsistent obligations
FRCP 19(a) mandates joinder of parties whose absence would impair complete relief, prejudice them or existing parties, or expose parties to inconsistent obligations.
Question 4: The minimum contacts test for personal jurisdiction, established in International Shoe Co. v. Washington, requires that:
- The defendant be physically present in the forum state at the time of service
- The defendant have such minimum contacts with the forum state that maintenance of the suit does not offend traditional notions of fair play and substantial justice (Correct answer)
- The defendant consent to jurisdiction in the forum state
- The cause of action arise from the defendant's in-state activities
Correct answer: The defendant have such minimum contacts with the forum state that maintenance of the suit does not offend traditional notions of fair play and substantial justice
International Shoe held that due process requires minimum contacts with the forum state such that the suit does not offend traditional notions of fair play and substantial justice.
Question 5: Under FRCP 8(a), a pleading that states a claim for relief must contain:
- Specific facts supporting each element of the claim
- A short and plain statement of the grounds for jurisdiction, a short and plain statement of the claim, and a demand for relief (Correct answer)
- Detailed factual allegations sufficient to prove each element
- A certification that the claim is well-grounded in fact and law
Correct answer: A short and plain statement of the grounds for jurisdiction, a short and plain statement of the claim, and a demand for relief
FRCP 8(a) requires only a short and plain statement of the court's jurisdiction, the claim showing entitlement to relief, and a demand for the relief sought.
Question 6: Collateral estoppel (issue preclusion) prevents relitigation of an issue when:
- The same claim was decided in prior litigation between the same parties
- The identical issue was actually litigated, necessarily decided, and final in a prior action involving the party to be precluded (Correct answer)
- The same parties are involved in a subsequent lawsuit on any issue
- A court previously dismissed the claim with prejudice
Correct answer: The identical issue was actually litigated, necessarily decided, and final in a prior action involving the party to be precluded
Issue preclusion applies when the identical issue was actually litigated and necessarily decided in a prior final judgment in an action involving the party to be bound.
Question 7: Under FRCP 23, a class action may be maintained if all of the following prerequisites are met EXCEPT:
- Numerosity
- Commonality
- Typicality
- Predominance of individual issues (Correct answer)
Correct answer: Predominance of individual issues
FRCP 23(a) requires numerosity, commonality, typicality, and adequacy of representation; predominance of individual issues defeats, rather than supports, class certification.
VT Bar Civil Procedure 3
Under FRCP 56, summary judgment is appropriate when: