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NCA Civil Procedure study materials
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NCA Civil Procedure practice questions

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Question 1Civil Procedure

Which document formally initiates a civil action and states the plaintiff's claims against the defendant?

  1. The complaint Correct answer.
  2. The docket sheet
  3. The answer
  4. The summons

Explanation

A civil action begins when the plaintiff files a pleading called the complaint, which sets out the grounds for the court's jurisdiction, a short statement of the claim, and a demand for relief. The summons merely notifies the defendant, and the answer is the defendant's responsive pleading.

Question 2Civil Procedure

A defendant who wishes to challenge the court's personal jurisdiction over her should ordinarily raise that objection in which manner?

  1. In her first responsive pleading or a pre-answer motion Correct answer.
  2. By filing a counterclaim on the merits first
  3. By writing a letter to the clerk of court
  4. In a motion filed after the trial verdict

Explanation

A defense of lack of personal jurisdiction is waivable if not raised in the first responsive pleading or in a pre-answer motion made under the rules. Raising it after litigating the merits generally forfeits the objection.

Question 3Civil Procedure

Under the general rule, in which judicial district may a natural person defendant be sued?

  1. Only where the plaintiff resides
  2. Only where the claim arose, regardless of residence
  3. In any district where the defendant is subject to the court's personal jurisdiction Correct answer.
  4. Only in the district where the defendant's attorney practices

Explanation

The general venue statute permits suit in a district where any defendant resides if all defendants reside in the same state, or where a substantial part of the events occurred, or where any defendant is subject to personal jurisdiction if no other district is proper. Venue is not limited to the plaintiff's home district.

Question 4Civil Procedure

What is the usual consequence when a defendant fails to respond to a properly served complaint within the required time?

  1. The plaintiff may seek entry of default and then a default judgment Correct answer.
  2. The complaint is deemed admitted but no judgment may enter
  3. The court appoints counsel for the defendant
  4. The case is automatically dismissed

Explanation

When a party against whom relief is sought fails to plead or otherwise defend, the clerk may enter default, and the plaintiff may then apply for a default judgment. The case is not dismissed, and the court does not appoint counsel for a nonresponding defendant.

Question 5Civil Procedure

A plaintiff wishes to serve an individual defendant. Which method is generally acceptable under the federal rules?

  1. Leaving the papers with a neighbor without further steps
  2. Publishing a notice in a newspaper without court order
  3. Emailing the defendant's employer
  4. Personal delivery to the defendant Correct answer.

Explanation

Personal delivery of the summons and complaint to the individual defendant is expressly authorized. Leaving copies requires delivery at the defendant's dwelling to a suitable person of appropriate age and discretion plus mailing, and publication generally requires a court order.

Question 6Civil Procedure

Which of the following is required for a federal court to exercise diversity jurisdiction over a state-law claim?

  1. The claim must involve a federal question
  2. The parties must be citizens of the same state
  3. The parties must be completely diverse and the amount in controversy must exceed $75,000 Correct answer.
  4. The plaintiff must reside in the forum state

Explanation

Diversity jurisdiction requires complete diversity, meaning no plaintiff shares state citizenship with any defendant, and an amount in controversy exceeding $75,000 exclusive of interest and costs. A federal question is a separate basis, and the plaintiff need not reside in the forum.

Question 7Civil Procedure

A defendant believes the complaint fails to state a claim upon which relief can be granted. What motion should she file?

  1. A motion for summary judgment
  2. A motion to dismiss for failure to state a claim Correct answer.
  3. A motion for a new trial
  4. A motion to quash service

Explanation

A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint on its face. Summary judgment instead relies on evidence developed through discovery, and a new trial motion follows a trial.

Question 8Civil Procedure

Which pleading standard governs the adequacy of a claim for relief in federal court?

  1. The complaint must be verified by a notary in all cases
  2. The complaint must include every piece of evidence the plaintiff intends to offer
  3. The complaint must recite the legal elements verbatim with no facts
  4. The complaint must contain a plausible claim supported by sufficient factual allegations Correct answer.

Explanation

Federal pleading requires a short and plain statement showing the pleader is entitled to relief, which courts apply by asking whether the allegations state a plausible claim. Detailed evidence and verbatim recitation of elements are not required.

Question 9Civil Procedure

A plaintiff sues in federal court on a state-law claim, and the defendant counterclaims on a separate state-law matter that shares no facts with the original claim. May the court hear the counterclaim under supplemental jurisdiction?

  1. No, because the counterclaim lacks a common nucleus of operative fact with the original claim Correct answer.
  2. Yes, because both claims arise under state law
  3. Yes, because counterclaims are always within supplemental jurisdiction
  4. No, because counterclaims are prohibited in federal court

Explanation

Supplemental jurisdiction extends to claims that are part of the same case or controversy, meaning they share a common nucleus of operative fact with the claim that anchors jurisdiction. A factually unrelated claim falls outside that scope.

Question 10Civil Procedure

What is the primary purpose of the discovery rules in civil litigation?

  1. To narrow the issues and allow parties to obtain relevant information before trial Correct answer.
  2. To replace the need for any trial
  3. To shift all litigation costs to the losing party
  4. To reward the party who files first

Explanation

Discovery permits parties to obtain information relevant to the claims and defenses, which promotes settlement and avoids surprise at trial. It does not eliminate trial, and American practice generally does not shift fees to the loser.

Question 11Civil Procedure

A party receives an interrogatory that seeks information protected by the attorney-client privilege. What is the proper response?

  1. File a motion for summary judgment
  2. Answer fully and later seek to withdraw the answer
  3. Ignore the interrogatory entirely
  4. Object to the interrogatory on privilege grounds Correct answer.

Explanation

A party must respond to discovery but may assert a specific objection, including privilege, in lieu of providing the protected information. Silence or a later attempt to retract a disclosure is not the proper route.

Question 12Civil Procedure

Which of the following is generally protected from disclosure as work product?

  1. The identity of a fact witness
  2. Documents prepared by counsel in anticipation of litigation Correct answer.
  3. The date a contract was signed
  4. A party's publicly filed tax returns

Explanation

The work-product doctrine shields materials prepared by or for a party or its representative in anticipation of litigation, and such material is discoverable only on a showing of substantial need and undue hardship. Underlying facts are generally discoverable.

Question 13Civil Procedure

When may a party move for summary judgment?

  1. Only after a jury has been empaneled
  2. When there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law Correct answer.
  3. Only after the close of all evidence at trial
  4. Whenever the opposing party has failed to answer a single interrogatory

Explanation

Summary judgment is appropriate when the record shows no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. It is decided on the papers before trial, not during or after it.

Question 14Civil Procedure

In a jury trial, who decides questions of fact such as whether a defendant's conduct caused the plaintiff's injury?

  1. The clerk of court
  2. The jury Correct answer.
  3. The judge
  4. The court reporter

Explanation

The jury serves as the factfinder on disputed issues of fact, while the judge decides questions of law and instructs the jury. Clerks and reporters perform administrative functions.

Question 15Civil Procedure

Which doctrine allows a court to bind a nonparty to a judgment when that person's interests were adequately represented by a party in the litigation?

  1. Forum non conveniens
  2. Collateral estoppel
  3. Virtual representation Correct answer.
  4. Claim preclusion

Explanation

Virtual representation is a doctrine under which a nonparty may be bound when a party with the same interests adequately represented those interests in the prior litigation. Collateral estoppel and claim preclusion ordinarily require party or privity status.

Question 16Civil Procedure

A judgment on the merits in favor of the plaintiff generally has what effect on a later suit by the same defendant against the same plaintiff on the same claim?

  1. No effect, because the roles are reversed
  2. Claim preclusion bars the later suit Correct answer.
  3. The later suit automatically transfers to federal court
  4. The later suit proceeds because the first judgment was not appealed

Explanation

Claim preclusion bars the same parties from relitigating a claim that was or could have been raised in the prior action once a final judgment on the merits has entered. The reversal of party roles does not avoid preclusion.

Question 17Civil Procedure

Under the Erie doctrine, which body of law governs substantive issues in a diversity case heard in federal court?

  1. Federal common law
  2. The substantive law of the forum state Correct answer.
  3. The procedural rules of the state where the defendant resides
  4. International law

Explanation

Erie requires a federal court sitting in diversity to apply state substantive law while following federal procedural rules. This prevents forum shopping and unequal administration of state-created rights.

Question 18Civil Procedure

A defendant removes a case from state court to federal court. If the plaintiff believes removal was improper, what is the proper step?

  1. File a motion to remand in the federal court Correct answer.
  2. Ask the clerk to transfer the case back
  3. Appeal directly to the Supreme Court
  4. File a new complaint in state court

Explanation

A plaintiff who contests removal may move to remand the case to state court, and the motion is decided by the federal court that received the case. Filing a new complaint or informal requests to the clerk are not the mechanism.

Question 19Civil Procedure

What is the effect of a court granting a motion for judgment as a matter of law after the plaintiff has presented her case?

  1. The court dismisses the case without prejudice
  2. The court orders a new trial automatically
  3. The court concludes that no reasonable jury could find for the plaintiff and enters judgment for the defendant Correct answer.
  4. The case proceeds to the jury with no change

Explanation

Judgment as a matter of law is granted when the evidence, viewed in the light most favorable to the nonmovant, is so one-sided that no reasonable jury could find for that party. It results in judgment for the movant rather than a new trial.

Question 20Civil Procedure

Which of the following best describes the doctrine of forum non conveniens?

  1. A court dismisses a case for lack of personal jurisdiction
  2. A court dismisses a case because another forum is substantially more appropriate for the litigation Correct answer.
  3. A court consolidates two related cases
  4. A court transfers a case to another federal district

Explanation

Forum non conveniens permits a court to dismiss a case, often with conditions, when a different forum is far more suitable for the parties and witnesses. Transfer to another federal district is governed by a separate statutory mechanism.

Question 21Civil Procedure

A plaintiff files suit in federal court asserting only a state-law claim against a single in-state defendant. Which basis of subject-matter jurisdiction is missing?

  1. Service of process
  2. Diversity jurisdiction Correct answer.
  3. Venue
  4. Personal jurisdiction

Explanation

Diversity jurisdiction requires complete diversity, and a single in-state defendant defeats it when the plaintiff is also a citizen of that state. Personal jurisdiction, venue, and service are separate inquiries from subject-matter jurisdiction.

Question 22Civil Procedure

When must a party disclose documents supporting its claims or defenses without a discovery request?

  1. As part of required initial disclosures Correct answer.
  2. Only when the opposing party asks
  3. Only at the final pretrial conference
  4. Never, because documents are privileged

Explanation

The discovery rules require initial disclosures, including documents the disclosing party may use to support its claims or defenses, without awaiting a discovery request. Waiting for a request or the pretrial conference is too late.

Question 23Civil Procedure

What is required for a class action to be certified under the federal rules?

  1. Only that the plaintiff requests a jury trial
  2. Only that the class members agree to join
  3. Numerosity, commonality, typicality, adequacy, and one of the recognized class types Correct answer.
  4. Only that the defendant consents

Explanation

Class certification requires the four threshold requirements of numerosity, commonality, typicality, and adequacy of representation, plus satisfaction of one of the enumerated class types. Consent of the defendant or class members is not the standard.

Question 24Civil Procedure

A defendant raises a compulsory counterclaim in the federal action. What is the consequence of failing to do so?

  1. The defendant may freely bring it later in a separate action
  2. The claim is generally barred in a later action Correct answer.
  3. The court automatically dismisses the original complaint
  4. The plaintiff is held in contempt

Explanation

A compulsory counterclaim arises out of the same transaction or occurrence as the opposing party's claim and must be asserted in the pending action or it is generally barred later. The failure does not affect the original complaint or create contempt.

Question 25Civil Procedure

Which standard governs a court's decision to grant a new trial after a jury verdict?

  1. The verdict must be supported by substantial evidence
  2. The court finds the verdict against the clear weight of the evidence or a serious error affected the trial Correct answer.
  3. The jury must have deliberated for less than one hour
  4. The losing party simply requests one

Explanation

A new trial may be granted when the verdict is against the clear weight of the evidence or when a prejudicial error affected the proceedings. Mere dissatisfaction or deliberation time is not the standard.

Question 26Civil Procedure

A plaintiff files a complaint in federal court. Under the Federal Rules of Civil Procedure, what must the complaint contain?

  1. A complete recitation of every fact that supports each element of the claim, attached exhibits, and sworn affidavits
  2. A summary of the evidence the plaintiff intends to introduce at trial and a list of anticipated witnesses
  3. A short and plain statement of the grounds for jurisdiction, a short and plain statement of the claim showing entitlement to relief, and a demand for the relief sought Correct answer.
  4. A verified statement of the legal theories relied upon and citations to controlling precedent for each element

Explanation

Rule 8(a) requires only three things: a jurisdictional statement, a short and plain statement of the claim, and a demand for relief. Notice pleading does not demand exhaustive factual detail or citation of authority at the pleading stage.

Question 27Civil Procedure

A defendant is served with a summons and complaint in a federal action. How many days does the defendant generally have to serve a responsive pleading after being served with the summons and complaint?

  1. 21 days Correct answer.
  2. 30 days
  3. 14 days
  4. 60 days

Explanation

Under Rule 12(a)(1)(A), a defendant must serve an answer within 21 days after being served with the summons and complaint. The 14-day period applies to responses to amended pleadings in some circumstances, and 60 days applies to certain waived-service defendants.

Question 28Civil Procedure

A defendant wishes to assert that the federal court lacks personal jurisdiction over her. What is the proper procedural step to preserve this defense?

  1. File a motion for summary judgment before answering the complaint
  2. File a notice of removal to transfer the case to another district
  3. Wait until trial and object to the introduction of evidence
  4. Raise it in a motion to dismiss under Rule 12(b)(2) or include it in the answer, and raise it before or with other Rule 12 motions Correct answer.

Explanation

Lack of personal jurisdiction is a Rule 12(b)(2) defense that is waived if not raised in the first Rule 12 motion or in the answer. Raising it at trial is too late.

Question 29Civil Procedure

A plaintiff properly serves a corporate defendant through its registered agent. Which constitutional standard governs whether the forum state may exercise personal jurisdiction over that corporation?

  1. The corporation must have committed the underlying act within the forum state
  2. The corporation must maintain its principal place of business in the forum state
  3. The corporation must have minimum contacts with the forum such that exercising jurisdiction comports with fair play and substantial justice Correct answer.
  4. The corporation must have consented to jurisdiction by registering to do business in every state

Explanation

Personal jurisdiction over a corporation requires purposeful contacts with the forum and fairness under the due process inquiry. Neither physical presence nor in-state commission of the act is always required.

Question 30Civil Procedure

A plaintiff serves a defendant by publication in a newspaper without any other effort to locate the defendant, who could readily have been found at a known address. What is the most likely result?

  1. Service is valid because the plaintiff also mailed the complaint to the court clerk
  2. Service is valid because publication is expressly authorized by Rule 4 for all defendants
  3. Service is valid only if the defendant actually reads the newspaper
  4. Service is invalid because it did not satisfy the constitutional requirement of notice reasonably calculated to apprise the defendant of the action Correct answer.

Explanation

Due process requires notice reasonably calculated to inform interested parties of the action. Publication alone, when the party's whereabouts are known or easily discoverable, is constitutionally inadequate.

Question 31Civil Procedure

A plaintiff's complaint asserts a federal question claim and a related state-law claim against the same defendant arising from the same facts. Which doctrine may allow the federal court to hear the state-law claim?

  1. Pendent appellate jurisdiction
  2. Diversity jurisdiction
  3. Removal jurisdiction
  4. Supplemental jurisdiction Correct answer.

Explanation

Supplemental jurisdiction under 28 U.S.C. § 1367 permits a federal court to hear state-law claims that form part of the same case or controversy as a claim within its original jurisdiction. Diversity and removal are separate bases of jurisdiction.

Question 32Civil Procedure

A defendant has been served and wishes to demand a jury trial on the factual issues in the case. What must the defendant do to preserve that right in federal court?

  1. File a motion for a jury trial within 30 days after the close of discovery
  2. Simply appear at trial and object to a bench trial
  3. Orally request a jury at the final pretrial conference
  4. Serve a written demand on the other parties no later than 14 days after service of the last pleading directed to the issue Correct answer.

Explanation

Rule 38(b) requires a written jury demand served within 14 days after service of the last pleading directed to the issue. Failure to make a timely demand waives the jury right under Rule 38(d).

Question 33Civil Procedure

A plaintiff voluntarily dismisses her federal action without prejudice before the defendant has served an answer or a motion for summary judgment. What is the general effect of that dismissal?

  1. The plaintiff must obtain leave of court before filing any new action on the claim
  2. The dismissal is automatically converted into a dismissal with prejudice
  3. The plaintiff may refile the action once as of right, but a second voluntary dismissal operates as an adjudication on the merits Correct answer.
  4. The dismissal permanently bars any future action on the same claim

Explanation

Under Rule 41(a), a plaintiff may dismiss once without prejudice before the defendant serves an answer or summary judgment motion. A second voluntary dismissal of the same claim, however, operates as an adjudication on the merits.

Question 34Civil Procedure

A plaintiff sues a defendant in federal court, but the defendant was never validly served with process. The defendant appears and moves to dismiss. What is the most likely ruling?

  1. The court must enter default judgment for the plaintiff because the defendant appeared
  2. The court must transfer the case to state court automatically
  3. The court must dismiss the action with prejudice because service failed
  4. The court lacks personal jurisdiction over the defendant and may dismiss the action without prejudice unless service is cured Correct answer.

Explanation

Valid service of process is a prerequisite to personal jurisdiction, and a defendant who was never properly served is not before the court. Dismissal for insufficient service is ordinarily without prejudice to refiling and proper service.

Question 35Civil Procedure

A plaintiff files suit in federal court based on diversity. The defendant moves to dismiss for failure to join an indispensable party whose joinder would destroy complete diversity. How should the court proceed?

  1. Allow the action to proceed and simply note the absent party's interests in the judgment
  2. Join the absent party notwithstanding the diversity problem
  3. Dismiss the action if the absent party is necessary and joinder is not feasible, after considering whether the case can proceed in equity and good conscience Correct answer.
  4. Automatically dismiss the action because complete diversity is required at all times

Explanation

Rule 19 requires the court to determine whether the absent party is necessary, whether joinder is feasible, and, if not, whether the action should proceed or be dismissed considering the factors in Rule 19(b).

Question 36Civil Procedure

A plaintiff asserts a claim against a defendant in federal court. The defendant wishes to bring a third-party claim against a party who may be liable to the defendant for all or part of the plaintiff's claim. What procedural device applies?

  1. An intervention under Rule 24
  2. A crossclaim under Rule 13(g)
  3. A permissive counterclaim under Rule 13(b)
  4. An impleader complaint under Rule 14(a) Correct answer.

Explanation

Rule 14(a) allows a defending party to serve a third-party complaint on a person who may be liable to the defendant for the plaintiff's claim. A crossclaim is asserted against a coparty, and intervention involves a nonparty seeking to join.

Question 37Civil Procedure

A plaintiff asserts a claim against a defendant. The defendant believes the plaintiff's claim is barred by the statute of limitations and the defect appears on the face of the complaint. What is the most efficient procedural step?

  1. File an answer and wait for trial
  2. Move for judgment as a matter of law under Rule 50
  3. Move to dismiss under Rule 12(b)(6) for failure to state a claim Correct answer.
  4. Move for summary judgment under Rule 56

Explanation

An affirmative defense such as the statute of limitations may be raised in a Rule 12(b)(6) motion when the bar is apparent from the face of the complaint. If the issue requires facts outside the pleadings, summary judgment is the proper vehicle.

Question 38Civil Procedure

In a diversity case, the plaintiff seeks punitive damages that the forum state's law would not allow, but the law of another state would. Which body of law governs the availability of punitive damages?

  1. The law of the state where the defendant resides
  2. The forum state's choice-of-law rules, which determine which state's substantive law applies Correct answer.
  3. The law of the state where the plaintiff resides
  4. Federal common law, because the claim is in federal court

Explanation

Under the Erie doctrine, a federal court sitting in diversity applies the substantive law of the forum state, including that state's choice-of-law rules. The forum's choice-of-law rules then determine which state's substantive law governs.

Question 39Civil Procedure

A plaintiff sues in federal court and, during discovery, the defendant fails to respond to interrogatories despite an order compelling responses. What sanction may the court impose?

  1. Automatic dismissal of the plaintiff's case
  2. Dismissal of the defendant's answer, entry of default judgment, or an order that the matters be taken as established Correct answer.
  3. Referral of the dispute to arbitration
  4. Only a warning letter to the defendant

Explanation

Rule 37 authorizes a range of sanctions for discovery violations, including orders establishing facts, striking pleadings, and entering default judgment. The court tailors the sanction to the violation.

Question 40Civil Procedure

A plaintiff moves for summary judgment on a claim. The defendant responds with a declaration that contradicts the defendant's earlier sworn deposition testimony without explanation. How should the court treat the declaration?

  1. The court may disregard the sham declaration and grant summary judgment if the record otherwise supports it Correct answer.
  2. The court must deny summary judgment because any declaration defeats the motion
  3. The court must accept the declaration as creating a genuine dispute of material fact
  4. The court must convert the motion into a motion to dismiss

Explanation

A party cannot defeat summary judgment with a declaration that contradicts its own prior sworn testimony without a satisfactory explanation. The court may disregard such a sham affidavit and assess the record as a whole.

Question 41Civil Procedure

A plaintiff is a citizen of State A and the defendant is a citizen of State B. The plaintiff sues in federal court in State A for $100,000. The defendant believes the State A federal court is inconvenient and the case should be heard in State B. What motion should the defendant consider?

  1. A motion to remand to state court
  2. A motion to dismiss for lack of subject-matter jurisdiction
  3. A motion to transfer venue under 28 U.S.C. § 1404(a) Correct answer.
  4. A motion for forum non conveniens dismissal

Explanation

Section 1404(a) permits transfer to another federal district where the action might have been brought for the convenience of parties and witnesses and in the interest of justice. Forum non conveniens applies to dismissal in favor of a foreign forum, not another federal district.

Question 42Civil Procedure

A defendant who has been properly served fails to answer the complaint. The plaintiff seeks a default judgment. What must the plaintiff generally do first?

  1. File a motion for summary judgment
  2. File a notice of voluntary dismissal
  3. Immediately request a jury trial on damages
  4. Request that the clerk enter default, then apply to the court for a default judgment if the amount is not for a sum certain Correct answer.

Explanation

Rule 55 requires the plaintiff to obtain an entry of default by the clerk before seeking a default judgment. If the claim is not for a sum certain, the plaintiff must apply to the court, which may hold a hearing on damages.

Question 43Civil Procedure

A plaintiff brings a class action and seeks to certify a class under Rule 23(b)(3). What additional requirement applies beyond the four prerequisites of Rule 23(a)?

  1. The class must be ascertainable and the questions of law or fact common to class members must predominate over individual questions Correct answer.
  2. The court must obtain the consent of all class members before certification
  3. The class representative must be the named plaintiff's spouse
  4. The class must include every person who might have a claim

Explanation

Rule 23(b)(3) requires that common questions predominate and that a class action be superior to other methods of adjudication. The class must also be defined with sufficient ascertainability.

Question 44Civil Procedure

A defendant receives a request for production of documents that includes material protected by the work-product doctrine. What is the proper response?

  1. Produce the documents but redact the defendant's name
  2. Produce the documents because work product is never protected in federal court
  3. Destroy the documents to avoid production
  4. Object and withhold the material, asserting the protection in a timely written response Correct answer.

Explanation

A party must respond to a document request in writing and may assert applicable privileges and protections, including work product. The responding party must state the objection with specificity and identify withheld material.

Question 45Civil Procedure

A plaintiff wins a jury verdict. The defendant moves for judgment as a matter of law under Rule 50(b) after the verdict. What standard applies?

  1. The court asks whether a reasonable jury could have reached the verdict on the evidence presented Correct answer.
  2. The court asks whether the verdict is against the great weight of the evidence
  3. The court asks whether the defendant would prefer a different outcome
  4. The court asks whether the plaintiff's attorney committed any procedural error

Explanation

Judgment as a matter of law is granted only when the evidence, viewed in the light most favorable to the nonmovant, is such that a reasonable jury could not have found for that party. A new trial motion, by contrast, uses the weight-of-the-evidence standard.

Question 46Civil Procedure

A plaintiff sues a defendant in federal court for a state-law claim. The defendant believes the state court is the proper forum and that the federal court should abstain. Which doctrine is most relevant when a federal constitutional challenge to a state statute is at issue and state proceedings are pending?

  1. Younger abstention
  2. Pullman abstention Correct answer.
  3. Colorado River abstention
  4. Burford abstention

Explanation

Pullman abstention applies when a federal constitutional question could be avoided by a state court's interpretation of state law. Burford and Colorado River address different concerns, and Younger applies to pending state criminal or enforcement proceedings.

Question 47Civil Procedure

A plaintiff files a claim in federal court that is barred by the Rooker-Feldman doctrine. What is the consequence?

  1. The federal court must transfer the case to the state supreme court
  2. The federal court may review the state-court judgment de novo
  3. The federal court lacks subject-matter jurisdiction to review the state-court judgment Correct answer.
  4. The federal court must certify the question to the state appellate court

Explanation

Rooker-Feldman holds that federal district courts lack jurisdiction to review final state-court judgments; such review lies only in the Supreme Court. The doctrine applies when the federal plaintiff is essentially complaining of an injury caused by the state-court judgment.

Question 48Civil Procedure

A plaintiff sues in federal court on a state-law claim. The defendant argues that a state statute of limitations applies, but the plaintiff contends a federal equitable tolling rule should govern. How should the court analyze the issue?

  1. Apply no tolling rule because federal courts cannot toll state statutes
  2. Apply the forum state's tolling rules as part of the substantive law governing the claim, unless a federal policy overrides them Correct answer.
  3. Apply the tolling rule of the state where the defendant resides
  4. Apply the federal equitable tolling rule because the claim is in federal court

Explanation

Under Erie, state tolling rules are generally treated as substantive and govern in diversity cases. Federal courts may apply federal tolling rules only where a federal policy or statute requires it.

Question 49Civil Procedure

A plaintiff obtains a judgment against a defendant. The defendant later files a second action asserting a claim that was or could have been raised as a compulsory counterclaim in the first action. What is the likely result?

  1. The second action may proceed because counterclaims are always permissive
  2. The second action is barred by claim preclusion Correct answer.
  3. The second action is barred only if the first court expressly said so
  4. The second action may proceed because the first action ended in a judgment rather than a settlement

Explanation

A compulsory counterclaim that a party fails to assert in the first action is barred in a later action by claim preclusion. The bar arises from the compulsory nature of the claim, not from an express statement by the court.

Question 50Civil Procedure

A plaintiff seeks to invoke diversity jurisdiction, but one defendant is a citizen of the same state as the plaintiff and was joined solely to defeat diversity. What doctrine allows the court to disregard that defendant's citizenship?

  1. Removal jurisdiction
  2. Forum non conveniens
  3. Supplemental jurisdiction
  4. Fraudulent joinder Correct answer.

Explanation

Fraudulent joinder permits a court to disregard the citizenship of a party joined solely to defeat diversity when there is no reasonable basis for the claim against that party. The doctrine preserves federal jurisdiction in appropriate cases.