Civil Procedure 1 Full course Practice Exam

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