Last Push Rapid Fire MBE Subjects (Civil)

Question 1

What does FRCP stand for?

Answer 1

Federal Rules of Civil Procedure

FRCP governs the procedures for civil proceedings in United States district courts.

Question 2

What is the time frame for amending pleadings after an original complaint is filed?

Answer 2

21 days after service of the answer or FRCP 12 motion

This allows a party to amend their pleading without needing to seek permission from the court.

Question 3

When can a party amend their pleadings as a matter of course?

Answer 3

Once

This is typically allowed within a specified period after the original complaint or response.

Question 4

What is required to amend pleadings to add issues tried by consent?

Answer 4

Consent of the opposing party or court’s permission

This ensures that all parties are in agreement regarding the amendments made to the pleadings.

Question 5

What is the significance of amending pleadings in the context of trial?

Answer 5

It allows for the inclusion of issues that were actually tried, even if they were not originally part of the pleadings

This can impact the outcome of a trial by ensuring all relevant issues are considered.

Question 6

What is compulsory joinder?

Answer 6

A requirement to join additional parties in a lawsuit to prevent the court from granting incomplete relief to existing parties or prejudicing absent persons’ interests

It also aims to avoid subjecting existing parties to multiple or inconsistent obligations.

Question 7

What is permissive joinder?

Answer 7

The ability to join additional parties in a lawsuit if claims by or against the person arise out of the same transaction or occurrence and a common question of fact or law will arise

This is governed by FROP 20.

Question 8

What is the significance of jurisdiction in a lawsuit?

Answer 8

Jurisdiction is essential as it determines the court’s authority to hear a case and the subject matter involved

In the context, jurisdiction is referenced as ‘creservo’.

Question 9

Fill in the blank: Compulsory joinder is necessary to prevent _______.

Answer 9

[incomplete relief]

It ensures that all necessary parties are included to address the full scope of the issues.

Question 10

True or False: Permissive joinder is mandatory for all parties involved in a lawsuit.

Answer 10

False

Permissive joinder allows for the option to join parties, not a requirement.

Question 11

What can happen if a party is not joined in a lawsuit?

Answer 11

The existing parties may face multiple or inconsistent obligations

This underscores the importance of compulsory joinder.

Question 12

What does FROP stand for in the context of joinder?

Answer 12

[Federal Rules of Procedure]

Specifically, it refers to the rules that govern the joinder of parties in federal courts.

Question 13

What is a deposition?

Answer 13

A written or oral examination of a party or witness under oath

Depositions can be used to question witnesses and their answers may be used at trial if inconsistent.

Question 14

How many depositions can be taken per party?

Answer 14

10 per party

This limit applies regardless of the number of parties involved in the case.

Question 15

What are interrogatories?

Answer 15

Written questions served by one party on another party that inquire about any facts, opinions, and contentions within the scope of discovery

Interrogatories are a primary method to ascertain facts and information that might lead to other evidence.

Question 16

What is the limit on the number of interrogatories that can be served?

Answer 16

Serve up to 25

This limit is set to manage the scope and complexity of discovery.

Question 17

What is the due date for written responses to interrogatories?

Answer 17

30 days from service

This timeframe allows the receiving party adequate time to formulate their responses.

Question 18

What is a request for production?

Answer 18

A request served on a party to produce and allow inspection of documents, electronic information, tangible items, or land

There is no limit on the number of requests for production that can be made.

Question 19

What is the due date for written responses to requests for production?

Answer 19

30 days from service

This ensures timely access to the requested items.

Question 20

What are requests for admission?

Answer 20

Requests served on another party to admit the truth of facts within the scope of discovery

There is no limit on the number of requests for admission that can be made.

Question 21

What is the due date for written responses to requests for admission?

Answer 21

30 days from service

This allows the responding party sufficient time to verify and respond to the requests.

Question 22

What is a physical or mental examination?

Answer 22

An examination of a party ordered by the court or agreed upon by the parties if the conditions are controversial

These examinations are typically used to assess the physical or mental state relevant to the case.

Question 23

What is the main benefit of using interrogatories?

Answer 23

They are simple and inexpensive

Interrogatories are considered the most efficient way to identify facts and potential evidence.

Question 24

True or False: A subpoena is a written court order that compels a person to appear in court or produce documents.

Answer 24

True

A subpoena can be used alongside other discovery methods to ensure compliance.

Question 25

Fill in the blank: Interrogatories are primarily used to _______.

Answer 25

identify facts and lead to other evidence ## Footnote This method is crucial for gathering information that may support a party's case.

Question 26

What is the rule number that governs the discovery of expert materials?

Answer 26

FRCP 26(b)(4) ## Footnote FRCP stands for Federal Rule of Civil Procedure.

Question 27

Under what circumstances are facts known or opinions held by a nontestifying expert discoverable?

Answer 27

• Relate to court ordered physical/mental examination • Exceptional circumstances make it impracticable to obtain information by other means

Question 28

Are drafts of expert reports and disclosures discoverable?

Answer 28

No

Question 29

What type of communications between attorney and testifying expert are discoverable?

Answer 29

• Communications relating to expert's compensation • Communications identifying facts, data, or assumptions provided by attorney

Question 30

What is the general principle regarding the discoverability of materials held by an expert witness expected to testify at trial?

Answer 30

They are discoverable with two exceptions: • Drafts of expert reports or disclosures • Privileged attorney-expert communications

Question 31

Fill in the blank: All attorney-expert communications are privileged unless they relate to the expert's _______ or identify facts, data, or assumptions provided by the attorney.

Answer 31

[compensation]

Question 32

What discovery methods can parties use to obtain nonprivileged information?

Answer 32

Various methods, including requests for production

Question 33

What criteria must nonprivileged information meet to be discoverable?

Answer 33

It must be relevant to any claim or defense and proportional to the needs of the case.

Question 34

What is the role of the pharmacist in this case?

Answer 34

The pharmacist was hired by the competitor's attorney to examine the case and testify as an expert at trial.

Question 35

What did the attorney provide to the pharmacist after reading her draft report?

Answer 35

The attorney provided additional facts and data that were missing in the draft.

Question 36

Why is the email not considered a privileged communication?

Answer 36

The pharmacist relied on the facts and data provided in the email to revise her report.

Question 37

What must the attorney do regarding the email?

Answer 37

The attorney must produce the email.

Question 38

What are interrogatories?

Answer 38

Interrogatories are a discovery request in which a party serves written questions on another party that inquire about any matter within the scope of discovery.

Question 39

Can interrogatories be served on a nonparty such as an expert?

Answer 39

No, interrogatories may not be served on a nonparty such as an expert expected to testify at trial.

Question 40

Are the contents of the email discoverable through interrogatories served on the pharmacist?

Answer 40

No, the contents of the email are not discoverable through interrogatories served on the nonparty pharmacist.

Question 41

Are drafts of expert reports discoverable?

Answer 41

No, drafts of expert reports are not discoverable.

Question 42

What are the two exceptions to attorney-expert communication privilege?

Answer 42

1. Related to the expert's compensation 2. Identify facts, data, or assumptions provided by the attorney that the expert considered or relied on in forming his/her opinions.

Question 43

True or False: All attorney-expert communications are privileged.

Answer 43

True

Question 44

What is a crossclaim?

Answer 44

A claim for relief asserted against a coparty, e.g., a defendant against a codefendant. ## Footnote Crossclaims arise in the context of multiple parties in a lawsuit.

Question 45

Are crossclaims compulsory or permissive?

Answer 45

Permissive. ## Footnote Crossclaims are not mandatory and can be asserted at the discretion of the party.

Question 46

Under what condition can a crossclaim be asserted?

Answer 46

If it arises from the same transaction or occurrence as another claim in the lawsuit. ## Footnote This requirement ensures that the claims are related and can be efficiently handled in the same legal proceeding.

Question 47

In the example, what is the relationship between the first driver's claim and the bicyclist's claims?

Answer 47

Both arise from the same accident. ## Footnote This connection allows the first driver to assert a crossclaim against the second driver.

Question 48

True or False: A crossclaim can be made against any party in a lawsuit.

Answer 48

False. ## Footnote A crossclaim can only be made against a coparty.

Question 49

Fill in the blank: A crossclaim is asserted against a _______.

Answer 49

coparty. ## Footnote This term refers to another party involved in the same legal action.

Question 50

What standard does a federal appellate court apply when reviewing a district court's discretionary certification order authorizing a class action?

Answer 50

Abuse of discretion standard

Question 51

What are the four prerequisites for proper class action certification?

Answer 51

1) Numerosity 2) Commonality 3) Typicality 4) Adequacy of representation

Question 52

What is a prejudicial risk in the context of class action certification?

Answer 52

A risk of (1) inconsistent decisions regarding the parties or (2) impairing absent class members' interests

Question 53

What defines a common question type of class action?

Answer 53

Common questions of law or fact predominate over individual questions and a class action is the best method to resolve the dispute

Question 54

What is meant by final equitable relief in class action certification?

Answer 54

Injunctive or declaratory relief that is appropriate because the opposing party's actions generally apply to the whole class

Question 55

Is a certified 'final equitable relief' class action valid if it seeks incidental monetary damages?

Answer 55

Yes, if the damages flow from liability to the class and do not require individualized determinations

Question 56

Is a certified 'final equitable relief' class action valid if it also seeks individualized monetary relief?

Answer 56

No, it is invalid

Question 57

What was the conclusion regarding the district court's certification of the couple's suit as a 'final equitable relief' class action?

Answer 57

The district court abused its discretion in certifying the suit

Question 58

True or False: A class action can be certified if it primarily seeks individual monetary relief.

Answer 58

False

Question 59

Fill in the blank: A class action is valid if it satisfies four prerequisites and is one of the following types: prejudicial risk, common question, or _______.

Answer 59

[final equitable relief]

Question 60

What is a preliminary injunction?

Answer 60

A temporary court order that commands or prohibits certain actions while the case is pending before the court.

Question 61

Who does a preliminary injunction bind?

Answer 61

* The parties to the case * Those parties' officers * Agents * Employees * Attorneys * Any person in active concert or participation with the aforementioned persons

Question 62

True or False: A preliminary injunction is a permanent court order.

Answer 62

False

Question 63

Fill in the blank: A preliminary injunction is issued while the case is _______.

Answer 63

[pending before the court]

Question 64

What can a party use during discovery to obtain nonprivileged information?

Answer 64

Methods such as request for production ## Footnote Discovery allows parties to gather evidence relevant to their claims or defenses.

Question 65

What are the two requirements for obtaining nonprivileged information during discovery?

Answer 65

* Relevant to any party's claim or defense * Proportional to the needs of the case

Question 66

What type of information generally cannot be obtained during discovery?

Answer 66

Privileged information, including work product ## Footnote Work product includes materials prepared by or for an attorney in anticipation of litigation.

Question 67

What are the two categories of work product?

Answer 67

* Ordinary * Opinion

Question 68

What does ordinary work product contain?

Answer 68

Factual information related to the case ## Footnote Example: A document containing a witness's statements.

Question 69

What does opinion work product contain?

Answer 69

Attorney's mental impressions, conclusions, opinions, or legal theories ## Footnote Example: A document containing the attorney's trial strategy.

Question 70

Is opinion work product discoverable?

Answer 70

Almost never discoverable

Question 71

Under what conditions can ordinary work product be discoverable?

Answer 71

* Substantial need for the materials * Cannot obtain the information without undue hardship

Question 72

Fill in the blank: Ordinary work product is only discoverable if the requesting party shows a substantial need for the materials and cannot obtain the information without _______.

Answer 72

[undue hardship]

Question 73

What is an example of undue hardship in obtaining ordinary work product?

Answer 73

The witness dies before the requesting party can interview him/her

Question 74

What is the purpose of a motion for a court order under FRCP 35?

Answer 74

To request a mental or physical examination based on good cause.

Question 75

What must a court order specify for a mental or physical examination?

Answer 75

Time, place, manner, conditions, scope, and person performing the exam.

Question 76

What happens when a party requests and receives the examination report?

Answer 76

The examined party waives any privilege concerning testimony about their condition.

Question 77

What must the party who sought the examination do after delivering the report?

Answer 77

Request and receive previous reports of the examined party's condition.

Question 78

Fill in the blank: A party's _______ condition must be in controversy for an examination to be ordered.

Answer 78

[mental or physical]

Question 79

What is an example of good cause for requesting a mental examination?

Answer 79

The information sought cannot be easily attained by other means.

Question 80

True or False: Requirements for examination under FRCP 35 are unnecessary if parties stipulate to the exam.

Answer 80

True

Question 81

What is a key factor that validates a court order for examination?

Answer 81

The party's mental or physical condition is the subject of a claim or defense.

Question 82

What must the examiner's report include?

Answer 82

Detailed findings such as diagnoses, conclusions, and test results.

Question 83

What is the Federal Rule of Civil Procedure abbreviated as?

Answer 83

FRCP

Question 84

What is indicated by a claim of post-traumatic stress disorder in a lawsuit?

Answer 84

The woman's mental condition is in controversy.

Question 85

What condition does the woman claim to suffer from?

Answer 85

Post traumatic stress disorder.

Question 86

Why is there good cause for a mental examination?

Answer 86

The man likely cannot obtain information about her true mental condition by other means.

Question 87

Which court may order the woman to undergo a mental examination?

Answer 87

The federal district court in State B.

Question 88

Is the examining psychiatrist entitled to receive the woman's prior psychiatric records before conducting the examination?

Answer 88

No.

Question 89

When must the woman's prior psychiatric records be disclosed to the man?

Answer 89

If he requests them after the woman requests and receives a copy of the psychiatrist's report.

Question 90

Does the party to be examined have an absolute right to choose the examiner?

Answer 90

No.

Question 91

Who may choose the examiner for the mental examination?

Answer 91

The party requesting the examination.

Question 92

What happens if the examined party has a valid objection to the chosen examiner?

Answer 92

The court will appoint the examiner.

Question 93

What are the three requirements for a court to order a physical or mental examination?

Answer 93

1. The party's mental or physical condition is in controversy. 2. The motion for the order is based on good cause. 3. The order provides notice specifying the time, place, manner, conditions, scope, and person to perform the exam.

Question 94

What is the scope of discovery?

Answer 94

Any nonprivileged matter that is relevant to claim or defense and proportional to needs of case ## Footnote Discovery refers to the pre-trial phase in a lawsuit where each party can obtain evidence from the other party.

Question 95

What must the producing party do to protect privileged matter?

Answer 95

Withhold the information and expressly claim privilege while describing the nature of the undisclosed information ## Footnote Privileged matter is information that cannot be disclosed in court due to legal protections.

Question 96

What can a producing party do after production of privileged information?

Answer 96

Promptly notify the receiving party of disclosure and provide basis for privilege ## Footnote This process helps to maintain the confidentiality of privileged information even after it has been inadvertently disclosed.

Question 97

What must the receiving party do upon notification of inadvertently disclosed privileged information?

Answer 97

Promptly return, sequester, or destroy original and copies ## Footnote This action is crucial to prevent further unauthorized access to privileged information.

Question 98

Fill in the blank: The scope of discovery includes any _______ matter that is relevant to claim or defense.

Answer 98

nonprivileged

Question 99

True or False: The producing party can simply disclose privileged information without claiming privilege.

Answer 99

False ## Footnote The producing party must expressly claim privilege and describe the nature of the undisclosed information.

Question 100

What does the producing party need to provide when claiming privilege after production?

Answer 100

Basis for privilege ## Footnote This helps clarify why the information should not be disclosed further.

Question 101

What must the receiving party do to manage inadvertently produced privileged information?

Answer 101

Take reasonable steps to retrieve information already disclosed ## Footnote This may involve actions such as notifying others who may have accessed the information.

Question 102

What must parties automatically disclose during discovery?

Answer 102

Certain information through required disclosures ## Footnote This includes pretrial disclosures that contain specific information.

Question 103

What information is included in pretrial disclosures?

Answer 103

* Name, address, and phone number of each witness * Designation of witnesses whose testimony will be presented by deposition * All documents and exhibits expected to be offered as evidence ## Footnote Witnesses must be separately identified as those expected to testify at trial and those who may be called if needed.

Question 104

When must pretrial disclosures be disclosed?

Answer 104

At least 30 days before trial ## Footnote This allows for timely preparation and objections.

Question 105

What is the timeframe for objections to the use of deposition testimony, documents, or exhibits?

Answer 105

Within 14 days after the disclosures ## Footnote Any objection not made within this time is generally waived.

Question 106

What are the exceptions to waiving an objection not made in time?

Answer 106

* Excused by the court for good cause * Based on relevance ## Footnote This allows some flexibility in the objection process.

Question 107

What did the homeowner do regarding the deposition testimony?

Answer 107

Timely disclosed 45 days before trial ## Footnote The homeowner attached the deposition transcript to the disclosure.

Question 108

What action did the company take regarding the deposition testimony?

Answer 108

Untimely objected 21 days after the homeowner's disclosure ## Footnote The objection was based on hearsay, not relevance.

Question 109

What conclusion did the court reach about the company's objection?

Answer 109

The company waived its objection ## Footnote The court should not hear the merits of the objection due to the untimely nature.

Question 110

True or False: A court may set different deadlines for parties to make pretrial disclosures.

Answer 110

True ## Footnote This indicates that courts have discretion in managing discovery timelines.

Question 111

What does FRCP 26(b)(4) govern?

Answer 111

The discovery of expert materials.

Question 112

What type of expert opinions are not discoverable?

Answer 112

Nontestifying expert opinions unless related to court-ordered examinations or exceptional circumstances.

Question 113

What is the general rule for facts known and opinions held by a testifying expert?

Answer 113

They are generally nonprivileged and discoverable.

Question 114

Under what circumstances can communications between attorney and expert be discoverable?

Answer 114

If they relate to expert's compensation or identify facts, data, or assumptions considered by the expert.

Question 115

What is discovery in the context of a lawsuit?

Answer 115

The pretrial phase during which parties obtain nonprivileged information relevant to claims or defenses.

Question 116

What are the two criteria for information to be discoverable during the discovery phase?

Answer 116

* Relevant to any party's claim or defense * Proportional to the needs of the case.

Question 117

Fill in the blank: Information held by an expert witness expected to testify at trial is generally _______.

Answer 117

nonprivileged and discoverable.

Question 118

What are drafts of expert reports and disclosures considered in terms of discoverability?

Answer 118

Not discoverable.

Question 119

True or False: All information from nontestifying experts is discoverable.

Answer 119

False.

Question 120

What exceptional circumstances may allow for the discovery of nontestifying expert information?

Answer 120

Circumstances that make it impracticable to obtain information by other means.

Question 121

What happens to discoverability if a party dies?

Answer 121

Information may become discoverable if they cannot be evaluated.

Question 122

What power does Article I grant Congress?

Answer 122

The broad power to tax and spend for the general welfare ## Footnote This power is subject to certain limitations as outlined in the Tenth Amendment.

Question 123

Is Congress's power to tax unlimited?

Answer 123

No, it is not unlimited. ## Footnote The Tenth Amendment places restrictions on this power.

Question 124

What does the Tenth Amendment prohibit Congress from doing?

Answer 124

Imposing federal taxes on states that discriminate against them or unduly interfere with essential state functions. ## Footnote Essential state functions include activities such as public schools and state parks.

Question 125

What types of federal taxes are states immune from under the Tenth Amendment?

Answer 125

Nondiscriminatory federal taxes that apply to the public and private sectors and do not interfere with essential state functions. ## Footnote This means that taxes must not favor or discriminate against state entities.

Question 126

Is a federal sales tax that applies to private and public owners of mineral springs discriminatory?

Answer 126

No, it is nondiscriminatory. ## Footnote It applies equally to all entities selling mineral water.

Question 127

Does the federal sales tax unduly interfere with essential state functions?

Answer 127

No, it does not. ## Footnote Selling mineral water is considered a business action, not a traditional government action.

Question 128

What is likely the court's stance on the action regarding the federal sales tax?

Answer 128

The court is not likely to dismiss the action. ## Footnote This is due to the tax being nondiscriminatory and not interfering with essential state functions.