Civil Procedure 1L Exam with 100%
Correct Answers
Due Process - ANS-fair treatment through normal judicial system, process and not the
substance
Ct v. Doehr Due Process Findings - ANS-- 3 step analysis (Matthews test)
- prejudgment atttachment w/out prior notice and opportunity for hearing violates DP in
14th
Mathew's Test (DP) - ANS-1. private interests that will be affected
2. risk of erroneous deprivation
3. government's interest
District Courts - ANS-- trial courts
- 94
- larger populous states have more
- fed district courts have limited jurisdiction
Circuit Courts - ANS-- Appeals
- 13 in total, historically bound
Civil Law Suit Timeline - ANS-Considerations before filing -> P files complain -> D
responds -> discovery -> summary judgment motion -> trial -> judgment -> appeal ->
preclusion
Burdens of Proof in Pleading/ PF case - ANS-- no burden of proof in pleading; P carries
all burdens
- don't need plading req to plead something you might never have to prove - don't need
more detail (McDonnell)
- PF case is evidence before trial is enough to prove case unless theres substantial
contradictory evidence presented in trial
Pleading Rule and Requirements - ANS-8(a)(2)
Don't need specific facts to establish case; only short and plain statement of the claim
showing the pleader is entitled to relief
(Sorema)
Heightened Pleading Rule and Standard - ANS-9(b)
Fraud or mistake
Must specify each statement and state with particularity
,(SNESL -> at pleading stage, although it was about fraud, there is no need to include
evidence/papers showing fraud. those can be ignored/thrown out and the case can still
continue as long as the pleading is more specific about the potential fraud)
Who? What? When?
Heightened Pleading under 9c - ANS-for statement of mind, specify about EACH
statement
Rule 10 Naming Parties - ANS-Title must name all parties ONLY in 1st complaint; all
others do not need to name all parties
Twombly - ANS-Plausibility
Bring in only enough facts in pleading to state claim of relief that is plausible on the face
- correlation doesn't show causation
Show causal link
8(a)
Iqbal 2 Step Analysis - ANS-For pleadings:
1. Determine which allegations are nonconclusory, remove conclusory ones
2. Is claim plausible on its face when you assume remaining nonconclusory allegations
are true?
Can't go fishing if it's not plausible there's fish in the pond
Conclusory Statements - ANS-no backing, provides legal conclusion, naked assertions
ex. His accusation harmed my reputation
Nonconclusory Statements - ANS-offers information for interpretation, gives more
information about the potential issue, no legal conclusions
Ex. I didn't plagiarize, Plagiarism is a very serious charge in academia
Twiqbal - ANS-if there's factual insufficiency then must show plausibility
What must be required with rule 12 motion? - ANS-12b motion to dismiss BUT if you
choose an answer instead, don't need to include 12b motion
What 12b motions are waivable and why:? - ANS-2-5
12h1 shows that if you don't bring them at your first opportunity or you fail to make it by
motion or in an amended pleading, then you can't bring it later
Which 12b motions can you raise durable and under what rule? - ANS-12b6 and 12b7
by 12h2 in any pleading, motion, or trial
, Federal Question for SMJ - ANS-FQ must appear on face of a well-pleaded complaint
under the Mottley rule - cannot be raised by D
Claim comes from fed law, including statutes and constitutions
Doesn't count if appears in defense
Diversity for SMJ (2 components) - ANS-controversy in excess of $75K
no one on 1 side of v can have same citizenship as anyone on the other side of v
Amount in controversy for diversity req - ANS-P can win less than $75k but must have
legit basis in pleading for over $75k in damages
State citizenship for diversity req - ANS-citizenship is the domicile (true, fixed and
permanent abode with intent to remain)
corporate domicile: state of incorporation AND principal place of business
General Scope of Discovery Rule - ANS-26b1
Nonprivileged
Relevant (does not have to be what you rest your case on, doesn't have to be
admissible but would lead to admissible evidence, only what you would use and not the
other party)
Proportional (cost-benefit analysis, not duplicative and no alternative is less
inconvenient)
What is an option for judges to mitigate damages to either party under 26D for sensitive
discovery? - ANS-require P to complete other, nonsensitive discovery first to eliminate
potentially frivolous case
(Marrese)
Work Product Doctrine - ANS-26b3
protects work of lawyers from discovery
different from attorney-client privilege
immediately say on doc if something is privileged and then put it in the privilege log
Hickman -> could get attorney's mental impressions from discovery so no discovery is
allowed.And P can just interview witnesses themselves.
Attorney Client Privilege - ANS-no discovery of communications between client and
attorney
Correct Answers
Due Process - ANS-fair treatment through normal judicial system, process and not the
substance
Ct v. Doehr Due Process Findings - ANS-- 3 step analysis (Matthews test)
- prejudgment atttachment w/out prior notice and opportunity for hearing violates DP in
14th
Mathew's Test (DP) - ANS-1. private interests that will be affected
2. risk of erroneous deprivation
3. government's interest
District Courts - ANS-- trial courts
- 94
- larger populous states have more
- fed district courts have limited jurisdiction
Circuit Courts - ANS-- Appeals
- 13 in total, historically bound
Civil Law Suit Timeline - ANS-Considerations before filing -> P files complain -> D
responds -> discovery -> summary judgment motion -> trial -> judgment -> appeal ->
preclusion
Burdens of Proof in Pleading/ PF case - ANS-- no burden of proof in pleading; P carries
all burdens
- don't need plading req to plead something you might never have to prove - don't need
more detail (McDonnell)
- PF case is evidence before trial is enough to prove case unless theres substantial
contradictory evidence presented in trial
Pleading Rule and Requirements - ANS-8(a)(2)
Don't need specific facts to establish case; only short and plain statement of the claim
showing the pleader is entitled to relief
(Sorema)
Heightened Pleading Rule and Standard - ANS-9(b)
Fraud or mistake
Must specify each statement and state with particularity
,(SNESL -> at pleading stage, although it was about fraud, there is no need to include
evidence/papers showing fraud. those can be ignored/thrown out and the case can still
continue as long as the pleading is more specific about the potential fraud)
Who? What? When?
Heightened Pleading under 9c - ANS-for statement of mind, specify about EACH
statement
Rule 10 Naming Parties - ANS-Title must name all parties ONLY in 1st complaint; all
others do not need to name all parties
Twombly - ANS-Plausibility
Bring in only enough facts in pleading to state claim of relief that is plausible on the face
- correlation doesn't show causation
Show causal link
8(a)
Iqbal 2 Step Analysis - ANS-For pleadings:
1. Determine which allegations are nonconclusory, remove conclusory ones
2. Is claim plausible on its face when you assume remaining nonconclusory allegations
are true?
Can't go fishing if it's not plausible there's fish in the pond
Conclusory Statements - ANS-no backing, provides legal conclusion, naked assertions
ex. His accusation harmed my reputation
Nonconclusory Statements - ANS-offers information for interpretation, gives more
information about the potential issue, no legal conclusions
Ex. I didn't plagiarize, Plagiarism is a very serious charge in academia
Twiqbal - ANS-if there's factual insufficiency then must show plausibility
What must be required with rule 12 motion? - ANS-12b motion to dismiss BUT if you
choose an answer instead, don't need to include 12b motion
What 12b motions are waivable and why:? - ANS-2-5
12h1 shows that if you don't bring them at your first opportunity or you fail to make it by
motion or in an amended pleading, then you can't bring it later
Which 12b motions can you raise durable and under what rule? - ANS-12b6 and 12b7
by 12h2 in any pleading, motion, or trial
, Federal Question for SMJ - ANS-FQ must appear on face of a well-pleaded complaint
under the Mottley rule - cannot be raised by D
Claim comes from fed law, including statutes and constitutions
Doesn't count if appears in defense
Diversity for SMJ (2 components) - ANS-controversy in excess of $75K
no one on 1 side of v can have same citizenship as anyone on the other side of v
Amount in controversy for diversity req - ANS-P can win less than $75k but must have
legit basis in pleading for over $75k in damages
State citizenship for diversity req - ANS-citizenship is the domicile (true, fixed and
permanent abode with intent to remain)
corporate domicile: state of incorporation AND principal place of business
General Scope of Discovery Rule - ANS-26b1
Nonprivileged
Relevant (does not have to be what you rest your case on, doesn't have to be
admissible but would lead to admissible evidence, only what you would use and not the
other party)
Proportional (cost-benefit analysis, not duplicative and no alternative is less
inconvenient)
What is an option for judges to mitigate damages to either party under 26D for sensitive
discovery? - ANS-require P to complete other, nonsensitive discovery first to eliminate
potentially frivolous case
(Marrese)
Work Product Doctrine - ANS-26b3
protects work of lawyers from discovery
different from attorney-client privilege
immediately say on doc if something is privileged and then put it in the privilege log
Hickman -> could get attorney's mental impressions from discovery so no discovery is
allowed.And P can just interview witnesses themselves.
Attorney Client Privilege - ANS-no discovery of communications between client and
attorney
