Civil Procedure 1 Full course Practice Exam

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