Rapid Fire Civ Series 1

Question 1

What is the Burford abstention doctrine?

Answer 1

A legal principle that allows federal courts to decline jurisdiction over cases that involve complex state regulatory schemes.

This doctrine is often applied when a federal suit may interfere with important state policies.

Question 2

What types of federal suits typically invoke the Burford abstention doctrine?

Answer 2

Suits involving:
* Declaratory judgment
* Injunctions

These suits may affect state regulatory frameworks.

Question 3

Under what condition must federal courts hear a case despite the Burford abstention doctrine?

Answer 3

If the case involves important state policy.

Important policies can include areas like natural resources, utilities, public transportation, and the insurance industry.

Question 4

What are some examples of important state policies that may affect the applicability of the Burford abstention doctrine?

Answer 4

• Natural resources
• Utilities
• Public transportation
• Insurance industry

These sectors often have complex regulatory frameworks that federal courts may avoid interfering with.

Question 5

What requirement needs to be present for federal courts to abstain from hearing a case under the Burford abstention doctrine?

Answer 5

Timely and adequate judicial review by state courts must be available.

This ensures that state interests are properly represented and adjudicated.

Question 6

What is the binding effect of class action suits?

Answer 6

Class members not opting out are bound by final judgment or court approved settlement

This includes compromise or voluntary dismissal.

Question 7

What type of risk is associated with separate actions in class actions?

Answer 7

Separate actions create a risk of inconsistent decisions or impairing absent members’ interests.

Question 8

What is a common type of final relief sought in class actions?

Answer 8

Final equitable relief.

Question 9

What type of relief is generally appropriate when the opposing party’s actions apply to a wide class?

Answer 9

Injunctive or declaratory relief.

Question 10

What must predominate for a class action to be the best method to resolve a dispute?

Answer 10

Common questions must predominate over individual questions.

Question 11

Is notice required for class members who cannot opt out?

Answer 11

Notice is optional since class members cannot opt out.

Question 12

Is notice required for class members who can opt out?

Answer 12

Notice is required since class members can opt out.

Question 13

What is the primary focus of a class action suit?

Answer 13

To resolve disputes where common questions predominate.

Question 14

What must a court do regarding a subpoena that fails to allow reasonable time to comply?

Answer 14

The court must quash or modify the subpoena.

Question 15

Under what condition must a court quash or modify a subpoena related to geographical limits?

Answer 15

If it requires a person to comply beyond geographical limits.

Question 16

What type of disclosure must a court quash or modify a subpoena for?

Answer 16

Disclosure of privileged or protected matter.

Question 17

What constitutes an undue burden in the context of subpoenas?

Answer 17

A subpoena that subjects a person to undue burden must be quashed or modified.

Question 18

What is one reason a court may quash or modify a subpoena regarding an unretained expert?

Answer 18

If it requires disclosure of an unretained expert’s opinion or information that does not describe occurrences in dispute.

Question 19

What is another reason a court may quash or modify a subpoena related to expert studies?

Answer 19

If the information results from an expert’s study not requested by the party.

Question 20

What type of information may a court quash or modify a subpoena for concerning trade secrets?

Answer 20

Trade secret or confidential research, development, or commercial information.

Question 21

What is the definition of choice of law?

Answer 21

The determination of which jurisdiction’s laws will apply in a legal dispute

Choice of law can significantly impact the outcome of a case.

Question 22

What is diversity jurisdiction?

Answer 22

A suit between citizens of different states involving an amount over $75,000

Diversity jurisdiction is a basis for federal court jurisdiction.

Question 23

What does procedural issue refer to?

Answer 23

Concerns process & procedures such as filing deadlines and discovery rules

Procedural issues govern how a legal case is conducted.

Question 24

What does substantive issue refer to?

Answer 24

Concerns legal rights & duties, including elements of claim or defense

Substantive issues address the core legal questions in a case.

Question 25

When must federal law be applied?

Answer 25

In cases involving federal questions or diversity jurisdiction ## Footnote Federal law is paramount in certain legal contexts as established by the Constitution.

Question 26

When must state law be applied?

Answer 26

In cases that do not involve federal questions and fall under state jurisdiction ## Footnote State law governs most civil cases unless preempted by federal law.

Question 27

What is the scope of discovery under FRCP 26(b)?

Answer 27

Any nonprivileged matter that is relevant to claim or defense and proportional to needs of case

Question 28

What must a producing party do to protect privileged matter?

Answer 28

Withhold it and expressly claim privilege while describing nature of undisclosed information

Question 29

What actions can a producing party take to protect privileged matter after production?

Answer 29

Promptly notify receiving party of disclosure and provide basis for privilege

Question 30

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

Answer 30

Promptly return, sequester, or destroy original and copies, not use/disclose information, and take reasonable steps to retrieve information already disclosed

Question 31

Fill in the blank: The scope of discovery includes any nonprivileged matter that is _______.

Answer 31

[relevant to claim or defense and proportional to needs of case]

Question 32

True or False: A producing party must always disclose privileged information without any claims.

Answer 32

False

Question 33

What are the three actions the receiving party must take regarding privileged information?

Answer 33

Return, sequester, or destroy original and copies

Question 34

What must a producing party provide when claiming privilege over undisclosed information?

Answer 34

Description of the nature of undisclosed information

Question 35

Fill in the blank: A producing party may _______ the receiving party of disclosure of privileged information.

Answer 35

[promptly notify]

Question 36

What must the receiving party do regarding information already disclosed?

Answer 36

Take reasonable steps to retrieve information already disclosed

Question 37

What are the required initial disclosures under FRCP 26(a)?

Answer 37

Persons with relevant information Items in party's possession that support claim/defense Computation of damages & supporting material Relevant insurance policies Identity of expert witnesses Expert's written report If no report, subject matter & summary of testimony Testifying witnesses Deposition testimony to be used at trial Documents/exhibits to be used at trial ## Footnote Initial disclosures are crucial for fair trial preparation and transparency between parties.

Question 38

What is the time frame to disclose initial disclosures after the initial planning conference?

Answer 38

14 days after initial planning conference ## Footnote This time frame is essential for ensuring that all parties are adequately prepared for trial.

Question 39

When must expert testimony disclosures be made?

Answer 39

30 days after post-conference service or joinder ## Footnote Timely disclosure of expert testimony helps prevent surprises at trial.

Question 40

What is the deadline for disclosing documents/exhibits to be used at trial?

Answer 40

30 days before trial ## Footnote This deadline allows for sufficient time for review and preparation.

Question 41

Fill in the blank: The computation of damages and supporting material must be included in _______.

Answer 41

initial disclosures ## Footnote This is a critical component for establishing the basis of any claims for damages.

Question 42

True or False: The identity of expert witnesses is not required in initial disclosures.

Answer 42

False ## Footnote The identity of expert witnesses must be disclosed to ensure transparency.

Question 43

What is the time frame for rebuttal evidence disclosures?

Answer 43

30 days after disclosure to rebut evidence ## Footnote This allows parties to respond to new evidence that may arise.

Question 44

What is the maximum time frame for disclosing expert testimony if no written report is provided?

Answer 44

As court orders or parties stipulate ## Footnote This flexibility allows the court to manage disclosures based on the case specifics.

Question 45

What should be included in the expert's written report?

Answer 45

Expert's opinions, the basis for those opinions, and a summary of the testimony ## Footnote A detailed report is crucial for the opposing party to understand the expert's position.

Question 46

What is the deadline for disclosing deposition testimony to be used at trial?

Answer 46

As court orders or parties stipulate ## Footnote This provision allows for adjustments based on the case's progress.

Question 47

How many days before trial must parties disclose relevant insurance policies?

Answer 47

200 days before trial ## Footnote Early disclosure of insurance policies can influence settlement discussions.