Civil Procedure 2 Quiz

CAFA stands for Class Action Fairness Act. This act was passed in the United States in 2005 and it aims to regulate class action lawsuits. The act grants federal courts jurisdiction over certain class action cases that involve a large number of plaintiffs and significant amounts of money. It was enacted to prevent abuses in class action litigation and to ensure that cases are heard in a fair and efficient manner.

Rule 56 of the legal system does not require a judge to grant summary judgment. While summary judgment may be granted if there is no genuine dispute of material facts and the moving party is entitled to judgment as a matter of law, it is ultimately up to the judge's discretion whether to grant or deny summary judgment. Therefore, the statement that a judge MUST grant summary judgment under Rule 56 is false.

Non-testifying experts are not considered a vehicle of discovery because they are not involved in the formal discovery process. While interrogatories and mental & physical exams are methods used to gather information and evidence during the discovery phase of a legal case, non-testifying experts do not participate in this process. They may be consulted by one party to help analyze and understand the case, but they do not provide testimony or evidence that can be used in court.

The given answer, "Privilege Requirements," is the correct answer because the three characteristics listed in the question (expectation of confidentiality, essential to a socially approved relationship, and not waived by disclosure) are all elements of privilege requirements. Privilege requirements refer to the conditions that must be met in order for a communication or information to be protected by privilege, which includes maintaining confidentiality, being necessary for a socially approved relationship (such as doctor-patient or attorney-client), and not being waived by voluntary disclosure.

The requirement to reside in the judicial district for at least 6 months is not a juror requirement. The other two requirements, being at least 18 years old and being mentally and physically capable of service, are necessary for someone to be eligible to serve as a juror. However, residency in the judicial district is not a requirement for jury service.

Under Rule 26(b), a party may discover any matter that is relevant and not privileged. This means that a party can request information or evidence that is both related to the case and has the potential to be useful in proving or disproving a claim. However, the information must not be privileged, meaning it cannot be protected by attorney-client privilege or other legal privileges that prevent its disclosure.

The statement is true because claim preclusion, also known as res judicata, only applies to claims that were actually brought in a prior action. If a claim was not brought in the first action due to limitations of the court, immaturity of the claim, or other reasons, it will not be barred by claim preclusion in future actions. This allows parties to bring claims that were not ripe or feasible to bring in the initial action at a later time.

Under FRCP Rule 18, a party is allowed to bring any and all claims against other parties involved in the case. This means that there is no limitation on the types of claims that can be brought, as long as they are relevant to the case and involve the other parties. This rule ensures that parties have the opportunity to address all their claims in a single litigation, avoiding the need for multiple lawsuits.

Under FRCP 47, each side is entitled to a specific number of challenges during jury selection. These challenges allow the attorneys to exclude potential jurors without providing a specific reason. One of these challenges is called "Peremptory challenges." This means that each side is given a certain number of opportunities to dismiss potential jurors without having to provide a reason or justification. These challenges are intended to allow the attorneys to remove jurors they believe may be biased or unfavorable to their case.

Within 30 days of trial, parties must disclose witness information. This means that both sides involved in the trial are required to share the names and other relevant details of the witnesses they plan to call to testify. This allows for a fair and transparent legal process, as both parties have the opportunity to prepare and gather evidence based on the witnesses that will be presented during the trial.

The right to a jury is a fundamental aspect of the legal system and is protected by the United States Constitution. In 1791, the Bill of Rights was added to the Constitution, which included the Sixth Amendment. This amendment guarantees the right to a fair trial and a jury of one's peers. Therefore, the correct answer to the question is 1791, as this is the year when the right to a jury was officially recognized and protected.

The non-moving party has 21 days to respond if they choose to do so. This is because the moving party has until 30 days after the close of discovery to file a motion for summary judgment, and the non-moving party typically has 21 days to respond to such a motion.

The correct answer is adequate representation, typicality, numerosity, commonality. These four requirements are necessary for a class action lawsuit under Rule 23(a) of the Federal Rules of Civil Procedure. "Adequate representation" means that the named plaintiff and their attorney must fairly and adequately represent the interests of the entire class. "Typicality" means that the claims and defenses of the named plaintiff are typical of those of the class. "Numerosity" means that the class is so large that joinder of all members is impracticable. "Commonality" means that there are questions of law or fact common to the class.

Generally used ONLY in extraordinary circumstances

The standard of review done by the jury is "Substantial Evidence." This means that the jury examines the evidence presented in the case and determines if there is enough substantial evidence to support a particular claim or decision. They evaluate the credibility and weight of the evidence and make their decision based on what they believe is the most convincing evidence.

FRCP 22 allows a plaintiff to interplead 2 or more defendants whose claims compete for an asset the plaintiff holds. This means that if multiple defendants are making conflicting claims on an asset, the plaintiff can bring them all into a single lawsuit and have the court determine who has the rightful claim to the asset. This helps to avoid multiple lawsuits and conflicting judgments.

Statutory interpleader is a legal procedure that allows a party to deposit disputed funds with the court to resolve conflicting claims. In order to qualify for statutory interpleader, there are certain requirements that must be met. These include nationwide personal jurisdiction, meaning that the court has the authority to hear the case regardless of where the parties are located. Another requirement is that the amount in controversy must be more than $75,000. However, the option "Amount in controversy more than 75K" is stated as not a requirement under statutory interpleader. Therefore, this option does not need to be fulfilled for the procedure to be applicable.

A 26(f) conference refers to a pre-discovery conference. In legal proceedings, Rule 26(f) of the Federal Rules of Civil Procedure requires the parties involved to meet and confer to discuss various matters related to discovery, such as the scope of discovery, preservation of electronically stored information, and any potential issues or disputes that may arise during the discovery process. This conference allows the parties to streamline the discovery process, clarify their positions, and potentially resolve any disagreements before proceeding with the formal discovery phase of the litigation.

FRCP 23(g) discusses the appointment of counsel. This rule pertains to class action lawsuits and outlines the criteria for selecting and appointing counsel to represent the class. It ensures that the appointed counsel is qualified, experienced, and capable of adequately representing the interests of the class members. The rule also addresses the compensation and responsibilities of the appointed counsel throughout the litigation process.

FRCP 38 is the correct answer because it is a rule in the Federal Rules of Civil Procedure that governs the right to a jury trial. This rule states that a party may demand a jury trial by serving the other parties with a written demand, and it must be done within a certain time frame. This rule ensures that parties have the opportunity to have their case heard by a jury of their peers if they choose to exercise this right.

The Federal Courts use the Transactional Test for preclusion. This test focuses on whether the same transaction or occurrence is being litigated in multiple cases. If the same transaction or occurrence is involved, then the court will apply preclusion, preventing the relitigation of the same issue. This test ensures efficiency and consistency in the judicial system by avoiding duplicative litigation and promoting finality of judgments.

A necessary party refers to a party who has a close connection to a lawsuit and should be included in the case if possible. However, their absence will not result in the dismissal of the proceedings. This means that while their involvement is important, it is not absolutely essential for the case to proceed.

Parties may propose & submit jury instructions to the court,.

The Plain Error Rule is not a limitation on appeal. The Plain Error Rule allows an appellate court to consider an error that was not raised at trial if it affected the defendant's substantial rights. It is a doctrine that allows the court to correct obvious errors that were not objected to during the trial. Unlike the other options, which are limitations on appeal, the Plain Error Rule provides an exception to the general rule that issues must be raised and preserved at trial in order to be considered on appeal.

Under FRCP 23(e), the court MUST approve any settlement or voluntary dismissal.

The correct answer is FRCP 13. FRCP 13 allows a party to join a stranger in the suit by filing a counterclaim against them. This rule permits a defendant to assert claims against the plaintiff or co-defendants that are related to the same transaction or occurrence. By joining a stranger in the suit through a counterclaim, the defendant can address all relevant issues and parties in a single legal proceeding, promoting efficiency and avoiding multiple lawsuits.

The same evidence test refers to a legal principle that prevents the re-litigation of claims that are backed by the same evidence as the initial litigation. This means that if a claim has already been litigated and the same evidence is presented in a subsequent case, the court will not allow the claim to be re-litigated. This test ensures that parties cannot repeatedly bring the same claim based on the same evidence, reducing the burden on the legal system and promoting finality in judgments.

In a civil case, the burden of persuasion refers to the obligation of the plaintiff to convince the judge or jury that their claims are more likely to be true than not. It involves presenting evidence and arguments to support their case. On the other hand, the burden of production refers to the obligation of both parties to present evidence and witnesses to establish a prima facie case. It requires each party to meet the minimum requirements to proceed with the case. Both burdens are essential in ensuring a fair and just resolution in a civil case.

The court looks at both flawed procedures and a flawed verdict to determine if there can be a new trial. Flawed procedures refer to any mistakes or errors made during the trial process, such as improper jury instructions or the exclusion of key evidence. A flawed verdict, on the other hand, refers to a decision that is not supported by the evidence presented in court. Both factors are taken into consideration by the court when deciding whether to grant a new trial.

When parties are said to be in privity, it means that they share an identical legal right and that right was already litigated in a previous lawsuit. Additionally, for a non-party to be considered in privity, their interests must have been fully and adequately represented in the previous suit. This concept ensures that all relevant parties are bound by the outcome of the initial litigation and prevents multiple lawsuits on the same legal issue.