Civil Procedure 1 Full course Practice Exam

These questions are part of the practice quiz. Start practicing

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