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1What are preliminary injunctions and temporary restraining orders?
2If a temporary restraining order is appropriate, what requirements must be met before the order can be issued without notice to the opposing party?
3May a federal court combine a hearing on a preliminary injunction with a trial on the merits?
4Does evidence presented at a preliminary-injunction hearing need to be reintroduced at trial?
5If the court issues a temporary restraining order against a party without first providing notice, may that party move to dissolve the order?
6Assuming proper notice, who is bound by preliminary injunctions and temporary restraining orders?
7What are the four legal requirements that must be satisfied before a court may issue a preliminary injunction?
8A plaintiff failed to pay her electric bill, and the utility notified her that it would shut off her electricity in 10 days. The plaintiff sued the...
9A group of plaintiffs sued a hospital in federal court, alleging that the hospital’s billing practices violated federal privacy laws. The plaintiff...
10If a temporary restraining order is issued without notice, what is the longest that the order can last without an extension?
11What security must the moving party provide before a court may issue a preliminary injunction or a temporary restraining order?
12In federal civil procedure, what is a civil action?
13In federal civil litigation, what is a pleading?
14In federal civil litigation, what is a complaint?
15In civil litigation, what is an answer?
16When is a federal civil case commenced?
17In federal civil litigation, what is the difference between filing a document and serving a document?
18What are the three essential components of a federal complaint?
19What is meant by the term notice pleading?
20Are technical forms of pleading required in federal civil cases?
21In general, how much factual detail must a plaintiff include in the complaint to satisfy the federal pleading requirements?
22In a federal pleading, may a party assert alternative or inconsistent claims, defenses, or demands for relief?
23In a federal civil case, may a court award relief that was not demanded in the pleadings?
24In a federal civil case, what special pleading requirement applies to allegations of fraud or mistake?
25In a federal civil case, what are the three major components of the answer or other responsive pleading?
26In a federal civil case, how long does the defendant have to answer the complaint?
27In a federal civil case, what is a general denial?
28What is a specific denial?
29If a party intends to deny only part of an allegation, must the party admit the remaining part?
30In a responsive pleading, how should a party respond if the party does not know whether an allegation is true or false?
31In a federal civil case, what is the procedural effect of a party’s failure to deny an allegation in an opposing party’s pleading?
32The plaintiff sued the defendant in a federal diversity case, alleging that the defendant committed fraud in the sale of a house. One of the factua...
33What is an affirmative defense?
34In a federal civil case, must a party plead its affirmative defenses?
35What is a counterclaim?
36Under what conditions does one claim arise out of the same transaction or occurrence as another claim for purposes of the federal pleading rules?
37What is the difference between compulsory and permissive counterclaims in federal litigation?
38What is a crossclaim?
39Before trial, during what time periods may a party amend a pleading without either the court’s permission or the opposing party’s consent?
40If a party is not free to amend its pleading as a matter of course, what procedures must the party follow to the party amend its pleading before tr...
41What legal standard applies when a court considers whether to give a party leave to amend a pleading?
42How long does a party normally have to respond to an amended pleading, if a response is required?
43If a party presents evidence at trial that is outside the issues raised by the pleadings, may the parties amend the pleadings to match the evidence?
44If an issue outside the pleadings is tried with the consent of the parties, must either party amend its pleadings to match the evidence?
45What does it mean for an amendment to relate back to the original pleading date?
46In what three procedural situations will an amendment relate back to the date of the original pleading?
47If an amendment changes a defending party or the name of a defending party, what procedural conditions must be satisfied for the amendment to relat...
48If an amendment changes a defending party or the name of a defending party, is relation back affected by the amending party’s mistake or lack of di...
49Will most courts allow an amendment to relate back if the amendment seeks to add a party instead of substituting one party for another?
50The plaintiff sued the defendant in federal court, alleging that the defendant violated a federal anti-discrimination statute by firing the plainti...
51What is a supplemental pleading?
52A plaintiff sued a newspaper in a federal diversity case, alleging defamation. The claim was based on a newspaper article that described the plaint...
53Under Federal Rule of Civil Procedure 11 (Rule 11), which documents must be signed in every civil case, and by whom?
54Does Rule 11 apply only when an attorney or party files a paper with the court?
55Under Rule 11, someone who presents a paper to the court certifies that the paper is based on what kind of inquiry?
56In addition to certifying a reasonable inquiry, what four certifications does a person make under Rule 11 when presenting a paper to the court?
57What is discovery?
58Does Rule 11 apply to discovery documents?
59Under Rule 11, is the reasonableness of an inquiry measured objectively or subjectively?
60Who may raise the issue of a Rule 11 violation?
61What is the safe-harbor provision of Rule 11?
62Does the Rule 11 safe-harbor provision apply when the court raises a Rule 11 issue on its own initiative?
63What is the definition of a sanction in the context of Rule 11?
64Is notice required before a court imposes Rule 11 sanctions?
65In general, what kinds of sanctions are authorized by Rule 11?
66Who may be sanctioned for a Rule 11 violation?
67A defendant filed an answer in a federal civil case. The answer made several deliberately false allegations of fact about the plaintiff, which viol...
68A law firm represented a defendant in a federal civil case. The firm consisted of one senior partner and one junior partner. The senior partner sig...
69A plaintiff sued a defendant in federal court. The complaint included several claims that were directly contrary to the controlling law, in violati...
70What is joinder?
71What is a claim in a civil case?
72How many claims may one party assert against an opposing party in one lawsuit?
73Is a party required to join all claims that it has against another party in one case?
74What is the difference between permissive joinder and compulsory joinder of parties?
75Under what circumstances may multiple plaintiffs join in a single case?
76A pedestrian was struck and injured by a delivery van. The van was owned and operated by a national courier service. A bystander witnessed the acci...
77Under what circumstances may multiple defendants be joined in a single case?
78If there are parties on opposite sides of a case who do not assert claims against one another, must the court try the case as to all parties at once?
79Under what procedural conditions is a party one who must be joined, if possible?
80Must venue be proper as to a required party who is joined in the case?
81To join a required party, must the court have personal jurisdiction over that party?
82Can a required party be joined in a diversity case if the party would destroy subject-matter jurisdiction?
83If a required party is outside the court’s personal jurisdiction, or if the joinder of the required party would destroy subject-matter jurisdiction...
84What is misjoinder of parties?
85If any parties are misjoined, what may the court do to correct the misjoinder?
86What is a real party in interest?
87May a case generally be brought in the name of someone who is not a real party in interest?
88If a case has not been brought by the real party in interest, may the court immediately dismiss the case?
89What is impleader?
90What terms are used to identify the party asserting impleader and the party who is impleaded, respectively?
91If a defendant believes that another actor is directly liable to the plaintiff, may the defendant implead that person?
92If a defendant believes that a third party is directly liable to the defendant, can the defendant implead that person?
93A plaintiff bought an appliance from a retailer. The appliance caught fire and injured the plaintiff. The plaintiff sued the retailer in federal co...
94What documents must the third-party plaintiff serve on the third-party defendant to bring about impleader?
95How much time does a third-party plaintiff have to file a third-party complaint?
96What specific responses must a third-party defendant make in responding to a third-party complaint?
97What optional responses may a third-party defendant make in responding to a third-party complaint?
98May a third-party defendant implead an additional party?
99In general, may the original plaintiff assert a claim against a third-party defendant who is impleaded by the original defendant?
100 In general, may the original plaintiff implead a third-party defendant?
101In the context of civil litigation, what is intervention?
102What is the difference between intervention of right and permissive intervention?
103What procedural step must an intervenor take to seek to intervene in a federal case?
104Under which two conditions must a court allow intervention of right in a federal case?
105Is intervention limited to intervenors who wish to join a case as plaintiffs?
106Under what procedural conditions may an intervenor seek permissive intervention in a federal case?
107If an intervenor qualifies for permissive intervention, may the court nonetheless deny intervention?
108What is interpleader?
109In an interpleader case, what are the stake, the stakeholder, and the claimants?
110In an interpleader case, what does the stakeholder typically do with the stake during the litigation?
111What is the legal benefit of interpleader for the stakeholder?
112What two sources of federal law permit interpleader?
113How can a party initiate the process of interpleader under Rule 22?
114How can a party initiate interpleader under the interpleader statute?
115Does Rule 22 interpleader include any special requirements for jurisdiction or venue?
116What is minimal diversity, as distinguished from complete diversity?
117What are the requirements for federal subject-matter jurisdiction in a statutory interpleader case?
118What is the scope of a federal court’s personal jurisdiction in a statutory interpleader case?
119Where is venue proper in a statutory interpleader case?
120 What is a class-action lawsuit?
121Is the court’s approval required before a case may proceed as a class action?
122What are the four prerequisites to forming a class in a federal class action?
123How many class members are required to meet the numerosity requirement for forming a class?
124 Are federal class actions limited to certain types of cases?
125In deciding whether a case may proceed as a class action, what factors should the court consider in deciding whether a class action is superior to ...
126May a federal court allow the parties to conduct discovery before ruling on class certification?
127May a ruling on class certification be appealed before the end of the case?
128If a court issues an order certifying a class, what issues must the court address in the order?
129Does a federal court have subject-matter jurisdiction over a class action that arises under federal law?
130If a federal class action is based on diversity jurisdiction, whose citizenship is used to determine the citizenship of the class?
131If a federal class action is based on diversity jurisdiction, must every class member’s claim satisfy the jurisdictional amount in controversy?
132What types of class actions are subject to special jurisdictional rules regarding diversity of citizenship and the amount in controversy?
133What types of class actions are subject to special rules regarding removal from state to federal court?
134If a court certifies a Rule 23(b)(1) or Rule 23(b)(2) class action, what type of notice must be provided to the class members?
135If a court certifies a Rule 23(b)(3) class action, what type of notice must be provided to the class members?
136If a class member opts out of a class, is that class member generally bound by the judgment in the class action?
137May the parties settle or dismiss a class action without the court’s approval?
138What is discovery in a civil case?
139What is a party in a civil case?
140What is the scope of discovery?
141What three factors define the overall scope of discovery in federal civil cases?
142What does it mean for information to be privileged?
143What does it mean for information to be relevant to any party’s claim or defense?
144In a federal civil case, what factors determine whether a proposed item of discovery is proportional to the needs of the case?
145Is the scope of federal discovery limited to information that would be admissible as evidence at trial?
146Under what circumstances is the court required to limit the frequency or extent of discovery?
147What is a deposition?
148What are interrogatories?
149What is a request to produce?
150What is a request for admission in federal discovery?
151What is a subpoena?
152Can the court limit the numbers of interrogatories, requests to produce, or requests for admission used by a party?
153What materials are protected from discovery by the work-product doctrine?
154Under what circumstances can a party discover materials that would otherwise be protected from discovery as work product?
155Is the work-product doctrine limited to materials prepared by or for a party’s attorney?
156In the context of discovery, what is a protective order?
157What is a motion?
158What procedure must a party follow to obtain a protective order during discovery?
159In issuing a protective order, does the court have the latitude to devise whatever protections are necessary under the circumstances?
160In issuing a protective order, does the court have the discretion to limit or forbid particular discovery topics or methods?
161In issuing a protective order, does the court have the discretion to prevent public disclosure of discoverable material?
162In federal litigation, what is the initial planning conference?
163In federal litigation, what is a scheduling conference?
164When must the parties hold the initial planning conference?
165What report must the parties submit to the court after the initial planning conference?
166In a federal civil case, what are the three main categories of required disclosures that a party must make during discovery, without waiting for a ...
167What information must a party include in its required initial disclosures?
168When must a party make its required initial disclosures?
169When must a party typically make its expert witness disclosures?
170Must a party disclose the identities of its expert witnesses before trial?
171Is a party required to disclose the content of its experts’ testimony before trial?
172Which expert witnesses must provide a written report before trial?
173What must be included in an expert witness’s written report?
174May a party depose another party’s expert witness who might testify at trial?
175May a party normally discover the knowledge and opinions of another party’s expert witness who is retained for the litigation, but who will not tes...
176If an expert witness might testify at trial, does the work-product doctrine apply to drafts of the expert’s report or other expert-witness disclosu...
177If a party’s expert witness might testify at trial, does the work-product doctrine generally apply to communications between the expert witness and...
178When must a party make its required pretrial disclosures?
179What information must a party include in its required pretrial disclosures?
180When conducting discovery, must a party use any particular combination or sequence of discovery methods?
181Does a party typically need the court’s permission to depose either a nonparty or another party?
182What procedure must a party follow to initiate a deposition by oral examination?
183Can a party require a deponent to produce documents or other tangible things at a deposition?
184Can someone who is not a party to the litigation be required to appear and testify at a deposition?
185How many depositions may a party normally take in a federal case?
186What is the prescribed length of a deposition in a federal case?
187How many times may a deponent be deposed in a case?
188What remedies are available to address a situation in which a party is conducting a deposition unreasonably or in bad faith?
189What procedure must a party follow to notice the deposition of an organization?
190What are the duties of the court reporter or other officer in beginning, conducting, and concluding a deposition?
191At a deposition by oral examination, may the deposing party question the deponent as if the deponent were testifying at trial?
192At a deposition by oral examination, what is the procedure for objecting to questions or other aspects of the deposition?
193When may a person instruct a deponent not to answer a question in a deposition?
194In general, are objections to the taking of a deposition waived if they are not raised promptly?
195May a deponent review and correct the deposition transcript?
196May a party conduct a deposition by using written questions instead of an oral examination?
197When a party takes a deposition by written questions, to whom must the party give the questions in advance?
198When a party takes a deposition by written questions, what procedure may the parties use to object to one another’s questions?
199When a party takes a deposition by written questions, may the other parties also submit written questions?
200What is the role of the court reporter or other officer in beginning, conducting, and concluding a deposition by written questions?
201What limits do the Federal Rules of Evidence place on the admissibility of deposition testimony as evidence at trial?
202What does it mean to impeach a witness at trial?
203May testimony from a witness’s deposition be used to contradict or impeach the witness at trial?
204If a nonparty witness is unavailable to testify in person at a trial or other court proceeding, may a party use the witness’s deposition testimony ...
205In a trial or other court proceeding, for what purposes may a party use an adverse party’s deposition testimony?
206May a party serve interrogatories on someone who is not also a party?
207What subjects or matters may an interrogatory address?
208How many interrogatories may a party serve on another party?
209How long does the responding party have to answer interrogatories?
210Must a party’s responses to interrogatories be in writing?
211May a responding party object to interrogatories?
212When responding to interrogatories, who must sign the answers and the objections?
213May a party answer an interrogatory by producing business records?
214May a party serve requests to produce documents or tangible things on someone who is not a party?
215How can a party require a nonparty to produce documents or tangible things?
216Is there a limit to the number of requests to produce that a party may serve on another party?
217What subjects or matters may be addressed by a request to produce?
218What information must the requesting party include in each request to produce?
219Must a party respond in writing to requests to produce?
220How long does a party have to respond to requests to produce?
221What are the two permissible responses to a request to produce?
222Must a party respond under oath to requests to produce?
223When a party produces documents for inspection, what are the two permissible methods for organizing the documents?
224When a party produces documents for inspection, may the requesting party copy the documents?
225When requesting electronically stored information from another party, may the requesting party specify the form in which the information is to be p...
226If the requesting party specifies the form in which the responding party is to produce electronically stored information, may the responding party ...
227If the requesting party does not specify the form in which the responding party is to produce electronically stored information, what form must the...
228In general, must a party produce electronically stored information if that information is not reasonably accessible to that party?
229Can a party normally be required to produce the same electronically stored information in multiple forms?
230In a federal civil case, who may be ordered to undergo a physical or mental examination?
231In a federal civil case, under what circumstances may the court order a physical or mental examination of a person who is not a party?
232What procedure must a party follow to obtain a court order for a physical or mental examination?
233May the parties agree to a mental or physical examination without a court order?
234After conducting a mental or physical examination as part of discovery, must the examiner prepare a written report?
235When a mental or physical exam is conducted as part of discovery, who is entitled to receive a copy of the examiner’s report?
236When a mental or physical examination is conducted as part of discovery, what actions by the examinee would waive any claim of privilege as to the ...
237If a party admits something in response to a formal request for admission, does that admission bind that party at trial?
238If a party admits something in response to a formal request for admission, may that party later attempt to change or withdraw its admission?
239Can a party serve requests for admission on a nonparty?
240Is there a limit to the number of requests for admission that a party may serve on another party?
241How long does a party have to respond to requests for admission?
242Must a party respond in writing to requests for admission?
243What subjects or matters may be addressed by requests for admission?
244What is the effect of a party’s failure to make a timely response to a request for admission?
245May a party object to a request for admission?
246Who must sign the answers and objections to requests for admission?
247Must a party respond under oath to requests for admission?
248What three types of responses, other than objections, may a party make to a request for admission?
249If a requesting party believes that an opponent’s response to a request for admission is insufficient, what do the civil rules allow the requesting...
250If a responding party fails to admit a matter in response to a request for admission, and the requesting party later proves that matter at trial, w...
251What triggers a party’s duty to supplement or correct a disclosure or a discovery response?
252May the court hold someone in contempt for failure to comply with a subpoena?
253Within what geographic area may a subpoena require a person to produce documents?
254Within what geographic area can a subpoena require a person to attend a trial, hearing, or deposition?
255What does it mean to quash a subpoena?
256When do the civil rules require a court to modify or quash a subpoena?
257What are discovery sanctions?
258Is a signature required on discovery disclosures, requests, responses, and objections?
259What does a signer certify by signing discovery disclosures, requests, responses, and objections?
260If a person signs a discovery response that violates the signature certifications, what consequence must the court impose?
261When do the civil rules allow the court to compel someone to provide discovery?
262When a party moves to compel discovery, what must the party certify in the motion?
263If the court grants a motion to compel discovery, must the court normally require the losing party to pay the moving party’s expenses in bringing t...
264If the court denies a motion to compel discovery, must the court normally require the moving party to pay the opposing party’s expenses in bringing...
265What does it mean for a court to have discretion in making a decision?
266If a party or a witness fails to obey a court order to provide discovery, what sanctions may the court impose?
267What sanctions may the court impose if a party fails to make or supplement required disclosures?
268When may the court impose sanctions for the loss of electronically stored information?
269A plaintiff was injured in a retailer’s store when a bolt broke and caused a shelf to collapse onto the plaintiff. The retailer kept the broken bol...
270A plaintiff suffered personal injury after being exposed to a cleaning product manufactured by the defendant. The plaintiff sued the defendant in f...
271What is a voluntary dismissal?
272What is an involuntary dismissal?
273What is a dismissal without prejudice?
274What is a dismissal with prejudice?
275What is adjudication on the merits?
276What two procedures can a plaintiff use to dismiss a case voluntarily, without a court order?
277Under what procedural circumstances must the plaintiff obtain a court order for a voluntary dismissal?
278If a plaintiff moves for a voluntary dismissal, what effect does a pending counterclaim have on the judge’s decision?
279A plaintiff sued a defendant in federal court. The plaintiff’s claim arose under federal law. The defendant answered and asserted a counterclaim un...
280Is a voluntary dismissal generally considered to be a dismissal without prejudice?
281A plaintiff sued a defendant in federal court for breach of contract. The plaintiff had previously filed the same claim in a state court but dismis...
282What is the procedural effect of a voluntary dismissal if the plaintiff has previously dismissed the same claim in another case?
283What is the procedural effect of treating a dismissal as an adjudication on the merits?
284What is a failure to prosecute?
285Are (1) failure to prosecute, (2) failure to comply with the Federal Rules of Civil Procedure, and (3) failure to obey a court order all grounds fo...
286Are most involuntary dismissals considered to be adjudications on the merits?
287What types of involuntary dismissals are not considered to be adjudications on the merits?
288Do the rules regarding voluntary and involuntary dismissals generally apply to counterclaims, crossclaims, and third-party claims?
289If a party wants to voluntarily dismiss a counterclaim, crossclaim, or third-party claim without a court order or a stipulation, at what point in t...
290What is an offer of judgment?
291What is the latest date on which one party can serve an offer of judgment on another before trial?
292If a party receives an offer of judgment, how long does that party have to respond?
293What is the status of an offer of judgment if the offeree does not accept it?
294If the offeree does not accept an offer of judgment, is the offering party precluded from making another offer?
295What are the requirements for a party’s acceptance of an offer of judgment?
296May a party make an offer of judgment after the party has been found liable, if the extent of liability is to be determined in a later proceeding?
297What is the latest that one party can serve an offer of judgment on another before a hearing to determine the extent of liability?
298If a party accepts an offer of judgment, and either party files the offer and the notice of acceptance with the court, what must the clerk of the c...
299What consequence do the civil rules impose on a party who does not accept an offer of judgment and later obtains a less favorable judgment at trial?
300A defendant in a federal case served a timely offer of judgment on the plaintiff before trial. The offer proposed to allow a judgment against the d...
301What is alternative dispute resolution?
302What is mediation?
303What is arbitration?
304Is an arbitrator’s decision necessarily binding on the parties?
305May the parties engage in alternative dispute resolution before a case is filed?
306If the parties have agreed to use alternative dispute resolution, is that agreement generally enforceable?
307If the parties have agreed to binding arbitration, will the federal courts generally enforce the arbitration award?
308On what grounds may a federal court vacate, or refuse to enforce, an arbitration award?
309Must the federal courts take steps to encourage the parties to use alternative dispute resolution before trial?
310Do the federal courts have the power to require the parties to use alternative dispute resolution before trial?
311What is a scheduling order?
312At what point in the case must the court normally issue the scheduling order?
313What matters must be addressed in the scheduling order?
314What matters may optionally be addressed in the scheduling order?
315What is a pretrial conference?
316Under the Federal Rules of Civil Procedure, what are some of the primary topics that may be addressed at a pretrial conference?
317Is there a limit to the number of pretrial conferences a court can hold in a civil case?
318Who can be required to attend a pretrial conference?
319What must each party’s attorney be authorized to do at a pretrial conference?
320For what purpose can the court require the parties—as distinguished from the parties’ attorneys—to be present or otherwise available at a pretrial ...
321For what purpose, specified by the Federal Rules of Civil Procedure, may the court hold a final pretrial conference?
322Should the court issue a pretrial order following a pretrial conference?
323If a court issues an order summarizing a final pretrial conference, under what conditions can that order be modified?
324May the court sanction an attorney or party who fails to appear at a scheduling conference or pretrial conference when ordered to do so?
325May the court sanction an attorney or party who fails to participate in good faith at a pretrial conference?
326May the court sanction an attorney or party who fails to obey a scheduling order or other pretrial order?
327One corporation sued another corporation in federal court. The court issued an order scheduling a pretrial conference. The order stated: “In additi...

What are preliminary injunctions and temporary restraining orders?

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