LLM Civil Procedure & Evidence 1 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure, what are the requirements for federal subject matter jurisdiction based on diversity of citizenship?
- Complete diversity of citizenship between parties and the amount in controversy exceeds $75,000 (Correct answer)
- Any party is a citizen of a different state from any other party and any amount is at issue
- At least one party must be a foreign national and amount exceeds $50,000
- Both parties are from different states and the claim exceeds $100,000
Correct answer: Complete diversity of citizenship between parties and the amount in controversy exceeds $75,000
28 U.S.C. § 1332 requires complete diversity (no plaintiff and defendant share citizenship) and an amount in controversy exceeding $75,000, exclusive of interest and costs.
Question 2: The 'Erie doctrine' in federal courts requires that:
- Federal courts sitting in diversity must apply state substantive law but federal procedural rules (Correct answer)
- Federal courts must defer to state courts on all constitutional questions
- Federal law governs in all cases involving out-of-state defendants
- Federal courts must follow state evidence rules in diversity cases
Correct answer: Federal courts sitting in diversity must apply state substantive law but federal procedural rules
Erie Railroad Co. v. Tompkins (1938) held that federal courts in diversity cases must apply the substantive law of the state in which they sit, while applying the Federal Rules of Civil Procedure.
Question 3: Under Federal Rule of Civil Procedure 12(b)(6), a motion to dismiss is granted when:
- The complaint fails to state a claim upon which relief can be granted (Correct answer)
- The court lacks personal jurisdiction over the defendant
- The plaintiff has not completed discovery
- Service of process was defective
Correct answer: The complaint fails to state a claim upon which relief can be granted
A Rule 12(b)(6) motion tests the legal sufficiency of the complaint; dismissal is proper when the plaintiff fails to plead a plausible claim under the Twombly/Iqbal pleading standard.
Question 4: The doctrine of 'res judicata' (claim preclusion) bars a subsequent lawsuit when:
- There was a final judgment on the merits in a prior action involving the same parties and same claim (Correct answer)
- The parties had an opportunity to litigate the issue in a prior proceeding
- A court has already issued a preliminary injunction in the case
- Both parties agree that the first judgment was correct
Correct answer: There was a final judgment on the merits in a prior action involving the same parties and same claim
Res judicata bars relitigation of claims that were or could have been raised in prior proceedings that resulted in a final judgment on the merits between the same parties.
Question 5: Under Federal Rule of Evidence 702, expert testimony is admissible when the expert's opinion is based on:
- Sufficient facts, reliable methods, and reliable application of those methods to the case facts (Correct answer)
- The expert's personal belief and professional reputation
- Any peer-reviewed publication in the relevant field
- Methods accepted by a majority of practitioners in the field
Correct answer: Sufficient facts, reliable methods, and reliable application of those methods to the case facts
FRE 702, as interpreted by Daubert v. Merrell Dow Pharmaceuticals, requires that expert testimony rest on sufficient facts, reliable methods, and reliable application of those methods to the case.
Question 6: Which of the following correctly describes the attorney-client privilege?
- Confidential communications between attorney and client made for the purpose of obtaining legal advice are protected from disclosure (Correct answer)
- All communications between a lawyer and client are privileged regardless of purpose
- The privilege belongs to the attorney and can only be waived by the attorney
- The privilege extends to all members of a client's family
Correct answer: Confidential communications between attorney and client made for the purpose of obtaining legal advice are protected from disclosure
The attorney-client privilege protects confidential communications between client and attorney made in confidence for the purpose of seeking or providing legal advice.
