Civil Procedure 2 Quiz
- 1.Under FRCP Rule 18 a party can...
- A.
Bring any and all claims against other parties
- B.
Bring claims that arise out of the same transaction or occurence
- C.
Bring claims that have the same common question of law or fact
- 2.Which FRCP Rule allows you to join a stranger in the suit?
- A.
FRCP 19
- B.
FRCP 13
- C.
FRCP 20
- 3.What does this describe? a party who, being closely connected to a lawsuit, should be included the case if feasible, but whose absence will not require dismissal of the proceedings.
- A.
Indispensible party
- B.
Feasible Party
- C.
Necessary Party
- 4.Which FRCP allows a plaintiff to interplead 2 or more defendants whose claims compete for an asset the plaintiff holds?
- A.
FRCP 23
- B.
FRCP 22
- C.
FRCP 21
- 5.Which one of the following is not a requirement under stautory interpleader?
- A.
Nationwide personal jurisdiction
- B.
Amount in controversy more then 75K
- C.
Amount in controversy more then 500 dollars
- 6.What are the 4 requirements of 23(a)?
- A.
Necesssary, commonality,typicality, adverse judical proceedings
- B.
Commonality, adequate representation, typicality, necessary
- C.
Adequate representation, typicality, numerosity, commonality
- 7.Whar does FRCP 23(g) discuss?
- A.
Appointment of representative
- B.
Appointment of counsel
- C.
Appointment of class action class
- 8.The court does may approve any settlement or voluntary dismissal.
- A.
True
- B.
False
- 9.What does CAFA stand for?
- A.
Class Action For All
- B.
Class Action Fairness Act
- C.
Class Actions From Action
- 10.What test for preclusion does the Federal Courts use?
- A.
Evidence Test
- B.
Equity & Fairness Test
- C.
Transactional Test
- 11.Claims which would not have been brought in the 1staction due to limitations of the court, immaturity of claim, or other reasons will NOT be barred by claim preclusion.
- A.
True
- B.
False
- 12.What is the same evidence test?
- 13.Under Rule 26(b), a party may discover any matter that is...
- A.
Related & not privileged
- B.
Relevant & privileged
- C.
Relevant & not privileged
- 14.What is a 26(f) Conference?
- A.
Pre-appeal conference
- B.
Pre-trial conference
- C.
Pre-discovery conference
- 15.Which of the following is NOT a vehicle of discovery?
- A.
Interrogatories
- B.
Non-testifying experts
- C.
Mental & physical exams
- 16.Within ______ days of trial parties MUST disclose witness information.
- A.
30
- B.
60
- C.
28
- 17.What are the following: 1. expectation of confidentiality 2. essential to a socially approved relationship 3. not waived by disclosure
- A.
Discovery Requirements
- B.
Testimony Requirements
- C.
Privilege Requirments
- 18.What are the 2 burdens of proof in a civil case?
- 19.Under Rul 56, a judge MUST grant summary judgment.
- A.
True
- B.
False
- 20.A moving party may move for summary judgment until 30 days after the close of discovery. How many days does the non-moving party have to respond if they choose to do so?
- A.
30 days
- B.
28 days
- C.
21 days
- 21.Right to a jury requires looking at the action and relief from what year?
- 22.What rule states you must demand a jury trial?
- A.
FRCP 38
- B.
FRCP 39
- C.
FRCP 39(b)
- 23.Under FRCP 47, during jury selection each side gets 3 of theses.
- A.
Challenges for prejudice
- B.
Challenges for cause
- C.
Peremtory challenges
- 24.Which one of the following is NOT a juror requirment.
- A.
Be atleast 18 years old
- B.
Reside in the judical district for atleast 6 months
- C.
Be mentally & physically capable of service
- 25.Only the judge can decide the jury instructions
- A.
True
- B.
False
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