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Civil Procedure II Final MBE 2026/2027 | 20 Exam Questions & Answers | Discovery, Res Judicata, Jury Trials, JMOL & FRCP

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This Civil Procedure II Final PP MBE 2026/2027 study document contains 20 exam questions and answers across 9 pages, structured around practical legal hypotheticals designed to test the application of federal civil procedure rules. The material provides targeted MBE-style review of discovery, initial and expert disclosures, requests for admission, subpoenas, depositions, electronically stored information, work-product issues, discovery sanctions, claim and issue preclusion, jury-trial rights, jury selection, judgment as a matter of law, and motions for a new trial. The discovery and Federal Rules of Civil Procedure (FRCP) section addresses Rule 26 disclosures, the timing of expert information, requests for admission (RFAs), subpoenas for documents held by nonparties, deposition procedures, proportionality in electronically stored information, attorney work product, motions to compel, and sanctions for discovery violations. The scenarios require students to determine when information must be disclosed, when unanswered RFAs are deemed admitted, when nonparties can be compelled to produce documents, and when the burden and expense associated with electronic discovery may outweigh its likely benefit. The document also examines res judicata and collateral estoppel through fact-intensive litigation scenarios. Students review claim preclusion following prior state-court judgments, subsequent federal litigation arising from the same injuries or transactions, and issue-preclusion questions involving individuals who were not parties to the original lawsuit. These problems are particularly useful for distinguishing when an earlier judgment prevents a subsequent claim from proceeding and when a party may still litigate an issue independently. Another major area is the Seventh Amendment right to a jury trial. The questions examine jury demands in discrimination and contract actions, the distinction between legal remedies such as monetary damages and equitable remedies such as specific performance, historically analogous causes of action, and jury rights in federal civil-rights litigation. Jury selection is also addressed through a hypothetical involving potential juror bias and a challenge for cause. The final portion focuses heavily on Rule 50 judgment as a matter of law (JMOL) and post-trial procedure. Students encounter scenarios involving the sufficiency of evidence, factual issues reserved for juries, preservation requirements for renewed JMOL motions, motions for new trials, and situations where trial evidence may fail to establish an essential element of a claim. The combination of concise answers and detailed fact patterns makes this resource particularly useful for practicing rule recognition, issue spotting and application of procedural rules to MBE-style hypotheticals. Relevant Students: Civil Procedure II students, law school students, JD candidates, MBE candidates, bar exam candidates, Federal Civil Procedure students, students preparing for law school final examinations, and learners reviewing FRCP discovery, preclusion, jury trials and post-trial motions. Keywords: Civil Procedure II final exam, Civil Procedure MBE questions, Civil Procedure questions and answers, Civ Pro 2 exam, Civil Procedure 2026, Civil Procedure 2027, MBE Civil Procedure, FRCP exam questions, Federal Rules of Civil Procedure, Rule 26 discovery, discovery questions, requests for admission, deposition rules, subpoena rules, electronically stored information, work product doctrine, discovery sanctions, claim preclusion, res judicata, collateral estoppel, issue preclusion, Seventh Amendment jury trial, jury demand, jury selection, judgment as a matter of law, JMOL Rule 50, renewed JMOL, motion for new trial, Civil Procedure practice questions, bar exam Civil Procedure, law school exam preparation

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CIV PRO II FINAL PP MBE'S
2026/2027 EXAM QUESTIONS
AND ANSWERS | 100% PASS



Pria sued Dirk for breach of contract. The parties held a Rule 26(f)

conference, and Pria produced all of her initial disclosures. Dirk did not,

but told Pria he would. However, he waited until 90 days before trial

because his disclosures contained his expert's information. Was this ok?

- ANSWER ✔✔Yes, because expert information is not due until 90

days before trial.

Delia served RFAs on Peter on February 1. As of March 15, Delia had

still not served any written responses. How will the court treat the RFAs?

- ANSWER ✔✔The RFAs will be deemed admitted.

, Paulette sued her doctor after she suffered serious side effects from the

use of an chemical the doctor used in a procedure he performed. Use of

the chemical violated federal law. Paulette is aware that the doctor's

medical supplier has documents in its possession indicating that the

doctor used this particular chemical because it was less expensive than

alternative chemicals and purposefully concealed its use. Can Paulette

properly obtain these documents from the supplier under the FRCP? -

ANSWER ✔✔Yes, Paulette may subpoena the documents from the

supplier.

Same facts as the last hypo. Paulette now wants to depose three

witnesses, including the doctor. She sent a notice to the doctor to appear

for deposition. The doctor failed to appear the first time it was scheduled,

so this time, Paulette included a subpoena ordering the doctor to attend

and to bring her medical file with her. The parties' lawyers met and

conferred but did not stipulate to the deposition. However, the doctor's

attorney did not file an objection or other motion to the scheduling notice.

Does the doctor have to comply? - ANSWER ✔✔Yes, the depo may

be scheduled without leave of court, and the doctor may be compelled to

appear by a subpoena served on her.

Katie sued Bank, Inc. alleging that they violated her employment

contract by firing her right before she was to be promoted with a raise.

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