VT Bar Civil Procedure 3

Question 1

Under FRCP 56, summary judgment is appropriate when:

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 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:

Accepted Answer

30 days of service of the initial pleading

Answer

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:

Accepted Answer

The party's absence might prejudice existing parties or the absent party, or leave existing parties subject to multiple or inconsistent obligations

Answer

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:

Accepted 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

Answer

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:

Accepted Answer

A short and plain statement of the grounds for jurisdiction, a short and plain statement of the claim, and a demand for relief

Answer

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.

(VT Bar) Vermont Bar Exam Practice Test

(VT Bar) Vermont Bar Exam Practice Test

VT Bar Civil Procedure 3