Civil Procedure 1 Full course Practice Exam

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• What is required for amendments made later in the case?
• Who does Rule 3 normally apply to?
• Which document is filed to commence a lawsuit in federal court, serving as the initiating pleading?
• What are pleadings that state a claim for relief?
• What is an affirmative defense?
• What must an attorney show to prove information is privileged?
• Who can issue a default judgment in some cases?
• What kinds of pleadings does Rule 8(a) cover?
• In the caption under Rule 10(a), which designation is required?
• Which role does discovery play in satisfying Rule 11(b)(3)?
• Who may a show cause order be issued against under Rule 11(c)(3)?
• What is the difference between a default and a default judgment?
• When drafting a pleading, new paragraphs should be started when describing new facts or circumstances. Which is true?
• Summary Judgment: What standard triggers?
• Under Rule 12(f)(1), may the court strike a pleading at any time?
• Which Rule 60(b) ground is described as 'extreme or extraordinary, narrowly interpreted'?
• What must be included in reasonable written notice for a party's deposition?
• Which statement best describes a complete affidavit requirement under Rule 56(c)(4)?
• Which is true about pleadings listed in a procedural rule?
• Who does Rule 1 apply to?
• What is the purpose of Rule 3?
• Who benefits from a granted Rule 50(b) motion?
• What evidence can be used to support a summary judgment motion?
• Under Rule 12(f)(1), when may the court strike a pleading?
• How should Rule 50(a) motions be presented?
• Who may use a Rule 12(b) motion to dismiss?
• Regarding clarity, is it appropriate to break up claims into separate counts in a complaint and break up defenses into separate defenses in an answer?
• What does the phrase 'a party against whom a judgment for affirmative relief is sought' mean?
• Rule 11 addresses signing pleadings, motions, and other papers; representations to the court; sanctions.
• What kind of cases do the FRCP apply to?
• Which of the following describes types of claims for relief under Rule 8?
• In ruling on a motion for judgment on the pleadings, what is the scope of the pleadings considered?
• Which statement correctly describes the difference between Rule 11(b)(3) and Rule 11(b)(4)?
• Which is a judicial error that justifies a new trial?
• Do the FRCP apply in state court?
• Failure to disclose sanctions: The court may...
• Who may move for JMOL after the case has been submitted to the jury?
• Do you always need a good reason to amend?
• Is a motion a type of pleading?
• Can plaintiffs file a Rule 12(c) motion?
• Under Rule 8(c), affirmative defenses must be pleaded in the Answer to provide notice.
• Which procedural device is used when a complaint fails to meet Rule 8(a) requirements?
• Which of the following is true about voluntary dismissal by stipulation?
• Which rule is titled Form of Pleadings?
• What does the phrase 'Something that has already been released or satisfied' refer to in Rule 60(b) grounds?
• What is the goal of Rule 12(h)(2)?
• What are the requirements of an affidavit?
• Under Rule 60(a), what type of errors in judgments are corrected?
• Involuntary dismissals are with prejudice unless...
• Denials of factual contentions must be what?
• Can a pro se litigant be sanctioned under Rule 11?
• If a JMOL motion is denied, what happens to the trial?
• Under Rule 7, which pleadings are categorized as 'pleadings with complaints'?
• How should Rule 1 be construed?
• Rule 1 governs the procedure in which courts?
• Which rule requires the plaintiff to state a claim showing they are entitled to relief?
• Rule 35 effect on motions to compel?
• Who can be deposed?
• Which statement best describes breaking up claims into separate counts in a complaint?
• Is a counterclaim a type of pleading?
• What is the focus of Rule 9 as described in the material?
• Is there a limit on the number of requests for production of documents?
• Dispositive Motions are motions asking the trial court to dispose of a party's claims for affirmative relief, to alter or disregard the jury's verdict, or to order a new trial.
• A party should seek a motion to compel if
• Regarding Batson and J.E.B. challenges, which statement accurately describes the requirement?
• What is the venire?
• Does Rule 11 use a subjective or objective standard?
• Which statement best describes the role of evidentiary support certification under Rule 11?
• Why would a defendant file a Rule 12(b) motion to dismiss instead of filing an answer?
• The discovery process includes which topic related to information storage?
• Which document component typically contains 'factual contentions' that require evidentiary support?
• What kind of claim might lead you to attach a written instrument to a pleading?
• If the defendant seeks to strike a matter in the complaint, this motion to strike must be made before filing an answer.
• Rule 37(a)(5) consequences when motion is denied or granted?
• Which rule governs the Form of Pleadings?
• The Foman factors are used to determine when the court should deny leave.
• What defenses are saved by Rule 12(h)(2)?
• What do you need for a party's deposition?
• If a judgment is entered against the defendant because the defendant defaulted, the plaintiff may?
• What pleadings would a court look at in ruling on a motion for judgement on the pleadings?
• Which rule addresses the Scope and Purpose?
• Which statement about the standard of 'reasonable inquiry' is true?
• What is the purpose of a motion for a more definite statement?
• When can you file a motion for judgement on the pleadings?
• If the plaintiff seeks to strike a matter in the answer, the plaintiff may do so at any time.
• Information outside the scope permitted by 26(b)(1) is described as what?
• Which statement about leave from the court is true?
• What does Rule 26(b)(2) address?
• If a party quickly amends its answer to raise a waived defense under 12(h)(1), is the defense preserved?
• Responsive pleadings are pleadings that respond to or defend against a claim?
• Which option describes the expenses that may be recovered when Rule 11 sanctions are granted?
• What is a protective order under Rule 26(c) intended to do?
• Which scenario best describes when a motion for a more definite statement is appropriate?
• Is a motion to strike a dispositive motion?
• Under what conditions may a non-party be served with a request for production?
• Under Rule 12(h)(2), when can you raise those defenses?
• What may trigger sanctions under Rule 11?
• What describes the purpose of Rule 1?
• Which ground corresponds to 'Newly discovered evidence'?
• When is a Rule 12(b) motion to dismiss due?
• For a court-approved voluntary dismissal, which action is typically filed?
• When must expert disclosures be given?
• What is the deadline for initial disclosures?
• Which type of disclosure concerns experts?
• Which defenses are covered by Rule 12(h)(3)?
• If the defendant files a Rule 12(b)(6) Motion to Dismiss, which of the following is true about the defendant's obligation to file an Answer?
• What kind of documents does Rule 15 allow you to amend?
• If the motion for a more definite statement is granted, the court will order the plaintiff to file a new complaint that corrects the flaws in her original complaint.
• Which of the following are types of relief available in federal court?
• Under Rule 55(a), what condition allows the clerk to enter a default?
• What does Rule 12(h)(1) cover?
• Can a defendant be in default if he has appeared in the lawsuit?
• What are the permissible bases for the legal contentions certified in a Rule 11 filing?
• Who can file a motion for judgement on the pleadings?
• Can you file alternative and inconsistent claims under Rule 8(d)?
• Which rule governs interrogatories?
• Rule 37 governs which type of motion?
• Rule 10(a) requires which elements in the caption?
• Which of the following best defines a 'claim for relief'?
• What is the standard time frame to respond to discovery requests, subject to extension by agreement?
• Under Rule 35(b)(2) special disclosures for expert reports, what is true?
• The formal term for obtaining court approval to amend after initial pleadings is?
• Which statement best describes the range of pleadings governed by Rule 7(a)?
• Which are considered types of claims for relief under Rule 8, as described in the material?
• How must objections be stated in a deposition?
• Which statement best describes amendments as a matter of course?
• Which of the following is NOT a dispositive motion?
• What triggers the duty to supplement or correct?
• Which type of disclosure has a deadline no later than 90 days before trial?
• Rule 38(a) concerns what?
• What is the proper name of a Rule 11(c)(2) motion for sanctions?
• Which statement about pretrial disclosures is true?
• Which statement regarding evidence review under Rule 50 motions is true?
• Rule 26(e) imposes which duty?
• Which statement about Rule 12(h)(2) waivers is correct?
• Who may file a Rule 12(c) motion?
• What cant a judge do in a JMOL?
• Wrong result grounds for a new trial include which statement?
• Under Rule 11, representations to the court can occur through which actions?
• Which statement about replies in pleadings is correct?
• A Peremptory Challenge refers to what?
• A For Cause Challenge is defined as what?
• Which statement best describes when you can rely on your client's version of facts as evidentiary support for Rule 11(b)(3) obligation?
• Rule 38(c) addresses what happens if a party does not specify issues for a jury trial?
• Which phrase represents a key pair of keywords in procedural rules?
• Which description corresponds to amendments that require the consent of the other parties?
• When should you file a motion for more definite statement?
• Under Rule 11(b)(3), what does a lawyer certify about a factual statement in a pleading?
• Rule 41(a)(1)(B) provides that if the plaintiff has previously dismissed any action based on the same claim, the notice of dismissal operates as what?
• Which option correctly describes the basis for sanctions under Rule 11 (b) (1)-(4)?
• Who can a request for production of documents be served on?
• Do you have to disclose information you already know?
• What do you certify as to the FACTUAL support for denials in your pleading? That your denials are:
• What result is being sought with in a motion to strike?
• When drafting a pleading, paragraphs must be used and should be numbered. Which is true?
• Rule 9 applies to which pleadings?
• When a corrected complaint is served, the defendant's answer is typically due within 14 days.
• Which document portion would you examine to ensure factual contentions are supported?
• How does Rule 35 affect motions to compel?
• Under Rule 12(h)(2), you may raise those defenses in which ways?
• A voluntary dismissal by stipulation requires what?
• Which Rule 60(b) ground is commonly invoked for relief when a party misses a deadline due to error or oversight?
• What is the first stage of a lawsuit?
• Which statement best describes Rule 11's effect on drafting documents?
• When do new rules of FRCP go into effect?
• What pleadings may the court consider in ruling on Rule 12(b)(6) motions?
• Which statement about pleadings is true?
• What must an answer to discovery include?
• When must a motion to strike of a matter in the complaint be made?
• What is the deadline to submit the discovery plan to the court after the conference?
• In civil procedure, an answer is what type of pleading?
• How do you present a document to the court?
• Under Rule 26, discovery cannot begin until the conference and the discovery plan must be submitted within which time frame?
• When is a motion for Judgment as a Matter of Law (JMOL) made?
• Can a motion made during a hearing or trial be made orally?
• Which statement about waivers under Rule 12(h) is true?
• If a complaint fails the three Rule 8(a) requirements, what procedural action can the defendant take?
• Who can requests for physical and mental examinations be served on?
• Why no Rule 11 violation if lacking current law support but with nonfrivolous argument for change?
• What must appear in the 'Statement of Jurisdiction' portion of a complaint under Rule 8(a)?
• Rule 41(b) addresses involuntary dismissals. Which of the following best reflects that rule?
• What is the goal of rule 12(h)(1)?
• If the court grants a renewed motion under Rule 50(b), what happens to judgments?
• Amendments made early in the case do not require what?
• Which of the following is an action that's part of the Rule 26(f) discovery conference?
• Under Rule 37(c) which of the following could be a sanction?
• When must pretrial disclosures be given?
• Under Rule 8(a)(3), what must a complaint include?
• What type of evidence counts for the movant in Rule 50(b)?
• Which of the following is NOT a listed reason to amend a pleading under Rule 15?
• What are responsive pleadings?
• Which statement about peremptory challenges is true?
• Rule 8(e) requires pleadings to be construed in what way?
• What does the safe harbor provision allow regarding amendments or withdrawals of the challenged document?
• Defendant's two options to respond to a complaint
• How many peremptory challenges does each side generally have?
• If there is a counterclaim, what portion is dismissed when the case is voluntarily dismissed by court approval?
• Under Rule 11, which best describes the evidentiary requirement for factual contentions?
• In the Court-initiated process, the court's decision to impose sanctions typically occurs after what steps?
• Voir dire is best described as which process?
• Which statement about relief not listed in the material is true?
• What is the essential content of the 'Statement of Jurisdiction' in a complaint?
• Rule 8(c) requires affirmative defenses to be pleaded where?
• Rule 12(h)(2) and 12(h)(3) are exceptions to the general rule about waiver and may allow later assertion of a defense omitted from an earlier motion.
• Under state attorney client privilege rules, who constitutes the control group?
• To which pleadings can a motion for more definite statement be directed?
• What may the court strike from a pleading?
• What does a lawyer certify to the court under Rule 11(b)?
• Which Rule 60(b) ground relates to a void judgment?
• Rule 12(b) motions and counterclaims: who may move to dismiss a counterclaim in an Answer?
• What is the distance rule for deposition location relative to the deponent's residence?
• What is the scope of Rule 1?
• One aim of the FRCP is to move away from what kind of rules?
• Do the FRCP ever change?
• In an Answer, a defendant may assert his own counterclaims against whom?
• When does Rule 1 apply?
• Which mode of amendment does not require consent from the other parties?
• To commence a lawsuit, what must you file?
• What is a way to waive a defense?
• Rule 8(a)(3) permits the relief sought to include what?
• Lack of subject matter jurisdiction may be raised by the court sua sponte.
• What is the definition of default for purposes of the Rules?
• What items can be produced under a request for production of documents?
• What is the nature of the Federal Rules of Civil Procedure?
• Rule 3 applies at what point?
• Which Rule 60(b) ground corresponds to 'any other reason' and is interpreted narrowly?
• If the court decides to impose sanctions and issues a sanctions order, what must the order include?
• What does the court reporter need to state for a deposition?
• Which rules govern when and how a defendant must respond to a complaint?
• What happens if a jury demand is not timely?
• Who can file for summary judgment?
• Who may file a motion for more definite statement?
• What standard applies for ruling on Rule 50(a) and 50(b) motions?
• Which of the following is NOT a type of document that can be filed in court?
• Which statement best describes the condition for relying on your client as evidentiary support under Rule 11(b)(3)?
• Which source preserves the right to a jury trial in civil cases?
• Which statement describes the status when a defendant fails to respond?
• Under Rule 7(a), which statement about counterclaims is correct?
• Can you escape your Rule obligations under Rule 11 simply by saying you acted in good faith or that you did not intend to violate the rule?
• Lack of subject matter jurisdiction is never waived and can be raised at any time, even by the court.
• Who explains the rules of the deposition?
• What does 'Subject Matter Jurisdiction' refer to?
• Which Rule states there is one form of action?
• What is the purpose of Rule 2?
• What is the primary purpose of the Rule 26(f) discovery conference?
• What does Rule 8(a)(2) require?
• If the court thinks a Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim should be granted, but believes the plaintiff could likely state a claim if she just added a few more factual details, what should the court do?
• Which statement about the pleading stage is accurate?
• Under Rule 60(b), which ground is described as 'any other reason that justifies relief'?
• Which statement about admissible sources is true for a summary judgment motion?
• Does Rule 8(a) require you to state personal jurisdiction over the defendant or why the venue is proper?
• Rule 9 is best described as addressing Pleading Special Matters. When Rule 9 applies, does it excuse the general pleading requirements of Rule 8?
• Which of the following is true about the relationship between opinion work product and trial use?
• If a written instrument is attached as an exhibit to a pleading, is it treated as part of the pleading itself?
• How long can a deposition be?
• Default limit on the number of depositions, unless agreed or court petition?
• Rule 38: Right to a Jury Trial; Demand: who can demand a jury trial and by when?
• When should you file a motion for more definite statement?
• Does Rule 9 always require more detail in pleadings?
• Rule 11 applies to which parts of a pleading?
• What are material facts?
• Under Rule 8(a), which elements must a complaint include?
• Affirmative relief includes which of the following?
• Except as provided in Rule 12(h)(2) or (3), what does this clause mean?
• When can you file a Rule 12(b)(6) Motion?
• In evaluating a complaint under the plausibility standard, which question best guides the court's analysis?
• Discovery cannot begin until which event occurs?
• What documents do you need to prepare for Rule 55?
• Which Rule addresses the scope and purpose of the FRCP?
• Which statement about pleadings that state a claim for relief is accurate?
• Which rule governs raising lack of subject matter jurisdiction?
• Rule 11(b)(4) applies to which content?
• Rule 12(b) allows raising certain defenses by motion using which language?
• Who may file a Rule 12(b)(6) motion?
• Will you need to make a motion to compel if a party makes a complete non-response?
• Which rule requires the plaintiff to state a claim?
• Does Rule 9 apply to all pleadings?
• If the name of a non-party deponent is not known, what must be provided?
• Under the safe harbor provision, if the opposing party does not amend or withdraw during the safe harbor period and you win, the court may award the expenses (including attorney fees) of preparing your Rule 11 motion.
• Rule 37(c) sanctions: Which of the following is a basis to avoid sanctions?
• A pleadings title must name what?
• Can exhibits be attached to pleadings?
• Is it easy to prove improper purpose?
• Which of the following is a Rule 60(b) ground for relief from judgment?
• What is a default?
• Rule 7(a) pleadings include which of the following items?
• Which is a trial error?
• Are there outcomes beyond sanctions when a document is false or unsupported under Rule 11?
• Which element must appear in the caption of every pleading?
• Under Rule 26(b)(1), what types of information may be discoverable?
• Which statement best describes the limits on sanctions under Rule 11(c)(5)?
• When must a defendant respond?
• Is the list of pleadings considered exhaustive?
• Which term best describes the stage where parties set out their claims and defenses?
• Which phrase indicates continuing obligation on the lawyer?
• Which Rule replaced multiple forms of action with one form of action?
• Which ground under Rule 60(b) corresponds to a judgment that has been satisfied, released, or discharged?
• Rule 12(c) motion concerns which form of relief?
• What is the general purpose of a request for production of documents?
• Which statement correctly describes Rule 8(a)(1) requirement?
• Which of the following is the general time frame for filing a Rule 60(b) motion for grounds (1)-(3), i.e., excusable neglect, newly discovered evidence, or fraud?
• Rule 38(d) states what happens if you fail to demand a jury trial?
• Under Rule 41(a), which methods allow a case to be voluntarily dismissed?
• Who may move for JMOL after the defendant presents evidence, cross, and the defendant rests?
• Which keyword pair is used to indicate alternatives in procedural rules?
• What is work product?
• Who may move for JMOL after the plaintiff presents evidence, cross, and the plaintiff rests?
• Chauffers test for a new cause of action problem: which factor is most important in classifying the remedy as legal or equitable?
• Can a lawyer file a pleading called a response to a complaint?
• Federal attorney client privilege rules require that:
• Who can file a motion to strike?
• What kind of process were the rule framers trying to create based on the text of Rule 1?
• In a pleading submitted by counsel, whose signature is required?
• When evidence is missing in a motion for summary judgment, what can the court do?
• What is rule 26(b)(3) primarily about?
• Does it matter if you failed to raise a defense because you did not realize you had it?
• If there is a genuine dispute of material fact, what is the likely outcome of a summary judgment motion?
• What happens during the pleading stage?
• What does Rule 11 cover?
• Under discovery and affidavits, what does Rule 37(d) address?
• Which statement best describes a motion to strike?
• Which option describes the expenses that may be recovered when Rule 11 sanctions are granted?
• Who determines whether to grant summary judgment?
• What must be true before a renewed JMOL under Rule 50(b) may be brought?
• In deciding summary judgment, what test best describes the judge’s assessment?
• What result is being sought by a motion for judgement on the pleadings?
• If a Rule 50(a) motion is denied, what happens to the jury's verdict?
• Rule 60(a) corrections may be made by the court on its own or on motion, but if an appeal has been docketed such correction requires what?
• Why would the moving party want a more definite statement?
• Do you ever waive defenses?
• Which statement is true about the FRCP?
• A motion can be made orally during a hearing or trial?
• If the court denies his Rule 12(b)(6) Motion, the defendant must file an Answer within how many days of the Court's order?
• When evaluating Rule 50(b) motions, which statement best describes how the court views the evidence?
• A jury must consist of how many members in a typical civil case?
• Which items are listed as areas for factual development in disclosures?
• Which item is explicitly addressed in the Discovery Plan?
• Which statement correctly describes the relationship of Rule 11 and sanctions?
• If a deposition runs beyond its allotted time, how can it be extended?
• What do you need for a non-party deposition?
• Rule 37(d) addresses which issue?
• May you file multiple rule 12 pre-answer motions raising a different defense each time?
• Rule 11 sanctions triggers what?
• What is the purpose of voir dire?
• Under Rule 7, when is a 'reply to an answer' required?
• Who may move for JMOL during opening arguments?
• Which statement is true about the court reporter's record for a deposition?
• What is the purpose of a motion for a more definite statement?
• Which statement about Rule 11 representations is true?
• Under Rule 55, can you obtain a default judgment only by filing a Motion for Default Judgment with the Judge?
• What does Rule 8(d)(2) allow?
• Which statement describes the prerequisites for obtaining a default under Rule 55?
• What must an answer to discovery be, and what must an objection include?
• A written instrument attached as an exhibit would most likely support which type of claim?
• How many jurors must take part in the verdict?
• What is the purpose of 11(b)?
• Rule 7(a) requires lawyers to do what regarding pleading types?
• Which Rule governs motion for relief from judgment?
• What is the general requirement of Rule 26(g) across discovery obligations?
• Rule 41 concerns what?
• Can a pleading violate both Rule 11 and the rules on how to draft a pleading (e.g. Rule 8)?
• Under Rule 11, which of the following is explicitly listed as an improper purpose?
• Which of the following is an improper purpose under Rule 11(b)(1)?
• Which statement best describes amendments as a matter of course?
• A request for the court to act in a particular way is called a what?
• Which statement about timing of Rule 12(c) is true?
• Which document guarantees the right to a jury trial?
• Under Rule 50(b), when must the motion be in writing and filed?
• Which Rule governs the right to a jury trial and its demand procedure?
• When is a Rule 12(c) motion proper to file?
• What is the prerequisite for filing a renewed Rule 50(b) motion?
• Which Rule defense addresses failure to state a claim upon which relief can be granted?
• Are there any other repercussions if you file false, unsupported or improper documents with the court?
• What goals does Rule 1 emphasize?
• What are the GOALs of sanctions under Rule 11?
• As a general rule does Rule 12(g) allow you to file a second Rule 12 Motion to raise a defense that was available to you, but you omitted?
• Which discovery device is used to obtain admissions?
• Which statement accurately describes Rule 8(a) pleading requirements?
• What is the overarching purpose of Rule 11?
• Rule 37(a)(5) sanctions: If the motion is denied, the court may issue any protective order and if you lose the motion you pay the movant's reasonable expenses.
• When can a motion for summary judgment be filed?
• Which documents count as the first responsive document for 12(h)(1) waivers?
• Which is an example of judicial error?
• Which of the following is NOT one of the four requirements under Rule 11(b)(1-4) for factual contentions?
• Which rule governs requests for admission?
• Regarding pleadings, which statement is true about the title?
• Which of the following documents does Rule 11 apply to?
• Which statement about Rule 7 pleadings with some type of reply is true?
• Which rule covers Pleadings Allowed; Form of Motions and Other Papers?
• Which rule concerns commencing an action?
• Rule 11(c) relates to Rule 11(b) by which mechanism?
• When objecting to discovery, what must the objection specify and how should it be signed?
• What is the proper next step after a default is entered by the clerk under Rule 55?
• What remedy is described when the court believes the plaintiff could state a claim with a few more factual details?
• J. E. B. v. Virginia addressed peremptory challenges to exclude jurors based on which characteristic?
• What best describes the bases for legal contentions under Rule 11?
• In ruling on a Rule 12(c) motion, which pleadings may the court consider?
• What happens if a defendant does not respond to the complaint?
• Who must sign a pleading if the party is represented?
• Is a motion for judgement on the pleadings a dispositive motion?
• Under Rule 8, may a complaint include multiple theories of liability?
• Which factor is a basis for the court to limit discovery under Rule 26(b)(2)?
• Which rule governs pleading of grounds for jurisdiction and demand for relief?
• In initial disclosures, which items must be disclosed?
• Which term describes the category of action for which the plaintiff seeks money or another remedy?
• Which of the following is true about work product?
• Which statement correctly distinguishes a default from a default judgment?
• What is required for a request for physical and mental examinations?
• What is the standard for granting summary judgment?
• Which document is filed to commence a civil action?
• Under Rule 8(a)(2), what must the pleading show?
• Rule 15 concerns Amended and Supplemental Pleadings.
• Under the Court-initiated process in Rule 11(c)(3), which statement is true?
• Which statement best captures the overall design of Rules 1 through 3?
• Which of the following is a defense that may be raised by a Rule 12(b) motion?
• Under Rule 8(a)(2), what must the pleading include?
• Is opinion work product?
• Does Rule 15 favor amendments?
• What is the purpose of requests for admission?
• Under Rule 59, what can the judge do?
• How far can a deposition be?
• What is the purpose of Rule 7?
• Under Rule 59, what can the judge do regarding credibility?
• What guarantees the right to a jury trial?
• Rule 56(h) sanctions describe what potential consequences?
• Which rule concerns commencing an action?
• Historically, what did Rule 2 replace?
• Additur and Remittitur relate to what concept?
• Under Rule 39(a), if a demand for jury trial is made, the trial is to be conducted by a jury unless which condition applies?
• What are the four Foman factors?
• Interrogatories are governed by which rule?
• What standard governs Rule 11's inquiry into the factual contentions?
• What are the three ways to amend a pleading?
• Rule 56(c)(4) concerns which of the following?
• What is the limit on depositions?
• When there is evidence missing in a motion for summary judgment, what can the court do?
• Rule 8(a)(2) requires which of the following?
• Focus on the 12(g)(2) phrase 'a defense or objection that was available to the party but omitted from its earlier Motion.' Could you argue that this defense was not 'available' to you when you filed your Motion and now attempt to assert it in a second Motion?
• Rule 35 addresses which type of examination?
• Which statement best describes the function of a motion?
• Which ground addresses 'fraud, misrepresentation, or misconduct by an opposing party'?
• If the plaintiff obeys the order and files a corrected complaint, the defendant should file an answer—typically within 14 days of being served with the corrected complaint.
• An answer must contain which elements?
• Can a lawyer avoid the obligation to perform a reasonable inquiry by stating allegations are based 'upon information and belief'?
• Which statement describes a For Cause Challenge?
• What is a motion?
• When do deposition questions not need to be answered?
• Which statement accurately describes the scope of pleadings reviewed for a Rule 12(b)(6) motion?
• Rule 1 applies except as stated in Rule 81.
• Which option is NOT a Rule 7(a) pleading?
• Which rule governs requests for physical and mental examinations?
• Is a motion for a more definite statement a dispositive motion?
• What term describes the assertion of facts in a pleading that must be supported by evidence?
• Which Rule 60(b) ground is explicitly described as 'Any other reason that justifies relief'?
• What does Rule 3 provide?
• Which of the following best describes the timing of evidentiary support for factual contentions under Rule 11?
• If the court grants a JMOL, what is the effect on the jury?
• Rule 1 addresses which aspect?
• What does Rule 2 state?
• Lack of subject matter jurisdiction may be raised by a second pre-answer motion to dismiss.
• If a judgment is entered against the defendant because the defendant loses at trial, the plaintiff may?
• When filing a motion for relief from judgment, what is the time frame under Rule 60(b)?
• Rule 26(g) certification: The certification that the disclosure is complete and correct at the time of signature and consistent with the rules is made by
• Batson v. Kentucky held that using peremptory challenges to exclude jurors on the basis of race violates which constitutional provision?
• What does a signature requirement include?
• Which statement describes not typically a ground for a Rule 59 new trial?
• How is Rule 11(b) triggered?
• Are all defenses waived if you omit them?
• What is the purpose of Rule 9?
• Rule 56 Summary Judgment: A ruling by the court that no trial is necessary because there are no issues of material fact
• Under Rule 26(g), what must be included with any disclosure, discovery request, response, or objection?
• Under Rule 8(d)(2), pleadings in the alternative can include what?
• What is a counterclaim?
• Under Rule 39(b), if no demand for a jury trial is made, how is the case tried?
• Which statement about relief availability is accurate?
• Where does a file number come from?
• May a court deciding on a Rule 12(b)(6) motion consider a contract attached as an exhibit to the complaint?
• Under Rule 38, what must a party do to limit which issues are tried by jury?
• When a judge is unclear how to construe a matter because of an unclear FRCP, how should they base their decision?
• Who may conduct voir dire?
• Rule 3 of the FRCP concerns what?
• Under Rule 11, the show cause order must include which of the following?
• Who may file a Rule 12(b) motion to dismiss?
• Under Rule 41(a)(1)(B), the adjudication on the merits applies when the prior dismissal was in which action type?
• If the plaintiff fails to obey the order to correct the flaws within 14 days (or other time the court sets), the court must strike the complaint?
• What does Rule 1 provide?
• When there is missing evidence in a motion for summary judgment, what should counsel file?
• Which topic is addressed under the Discovery Plan related to privilege?
• Amendments to the FRCP go through what kind of process?
• Which defenses are covered/waived by 12(h)(1)?
• How must an attorney show that information is privileged?
• Rule 38(b) sets the timing for a jury demand to be served by no later than when?