WY Bar Civil Procedure 2

Question 1

Under Wyoming civil procedure, a class action may be certified only if the court finds all EXCEPT which requirement?

Accepted Answer

Unanimity of the class members

Answer

Wyoming Rule 23 requires numerosity, commonality, typicality, and adequacy of representation — unanimity is never a requirement for class certification.

Question 2

In Wyoming, the statute of limitations for most written contract claims is:

Accepted Answer

8 years

Answer

Wyoming Statutes § 1-3-105 provides an eight-year statute of limitations for actions on written contracts.

Question 3

Under Wyoming civil procedure, a default judgment may be entered when:

Accepted Answer

The defendant fails to plead or otherwise defend within the time allowed

Answer

Under Wyoming Rule 55, a default may be entered by the clerk when a party fails to plead or otherwise defend as required, and a default judgment may follow.

Question 4

The Wyoming Rules of Civil Procedure require that a pleading containing a claim for relief include:

Accepted Answer

A short and plain statement of the claim showing entitlement to relief

Answer

Wyoming Rule 8(a) follows notice pleading, requiring only a short and plain statement of the claim showing the pleader is entitled to relief.

Question 5

Under Wyoming Rules of Evidence, which hearsay exception applies to an excited utterance?

Accepted Answer

Rule 803(2)

Answer

Wyoming Rule of Evidence 803(2) provides the excited utterance exception for statements relating to a startling event made while the declarant was under the stress of excitement.

WY Bar - Wyoming Bar Exam Practice Test

WY Bar - Wyoming Bar Exam Practice Test

WY Bar Civil Procedure 2