Civ pro 1 exams an answers Forum

[trepinator]

Does anyone have any old Civ pro exams? We covered:

Complaint 8(a)
responding to the complaint 8(b)
Answer 12
Amendments 15
Pretrial Conference 16
Discovery 26
Discovery Methods 30, 33, 34, 45
Discovery Sanctions 37
Summary Judgment 56

I can't find many that cover these topics. My professor doesn't give out old exams. Any help would be greatly appreciated.

[arklaw13]

Does anyone have any old Civ pro exams? We covered:

Complaint 8(a)
responding to the complaint 8(b)
Answer 12
Amendments 15
Pretrial Conference 16
Discovery 26
Discovery Methods 30, 33, 34, 45
Discovery Sanctions 37
Summary Judgment 56

I can't find many that cover these topics. My professor doesn't give out old exams. Any help would be greatly appreciated.

I've never seen an exam with an issue spotter with questions about pretrial conferences or discovery. Maybe a policy question if your prof likes those.

Here's some our prof gave us about answer/amendments, other stuff:

Question Two: (25 minutes)

Plaintiff sued defendant in federal court for civil rights violations arising out of an arrest. Two weeks after answering the complaint, the defendant realized that he failed to include three defenses in his answer: lack of venue, failure to join an indispensable party, and statute of limitations. Can he still raise these defenses? Why or why not? If so, how? What further information do you need?

Question One (40 minutes)

Assume the following. Your firm represents the plaintiff in a medical malpractice case against a doctor licensed to practice in Missouri. The complaint was filed in federal court in Missouri; jurisdiction is based on 28 U.S.C. Section 1332.

The Defendant answered the Complaint but has now filed a motion to dismiss under Rule 12(b)(6) based on the following Missouri state statute:

In any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices. The court may grant no more than one additional period, not to exceed 60 days, to file the affidavit pursuant to this section, upon a finding of good cause.


More than 120 days has elapsed since the Complaint was answered and your firm has not complied with the statute. The last paragraph of the Defendant’s motion includes a request for sanctions under Rule 11.

Draft a memorandum discussing how to respond to the Defendant’s motion. Please consider all potential defenses, even if you think that one is dispositive.

Question Three (30 minutes)

Assume the following. Your firm represents a plaintiff in an employment discrimination case. A partner asks you to review a complaint he drafted for filing in federal court. The complaint includes an appropriate caption and signature. The body of the complaint provides that:

1. Plaintiff is a qualified teacher with 20 years of teaching experience.
2. Plaintiff is female and 54 years old.
3. Defendant is the Apex County school district.
4. Plaintiff applied to the Defendant for a job teaching fifth grade. She has taught fifth grade for over ten years.
5. The Defendant did not hire the Plaintiff. Instead, Defendant hired a 30 year old man with no teaching experience and no advanced degree.
6. Plaintiff has a master’s degree in education.
7. Defendant discriminated against the Plaintiff because of her age and because she is a woman.

The partner asks you whether this complaint is sufficient under the Federal Rules of Civil Procedure. What will you tell him?

[A. Nony Mouse]

FWIW, I had Civ Pro in 2 semesters and one of our issue-spotting questions first semester was exclusively about discovery, so it can happen.

(OP, I'm sorry, I don't have any old exams to offer.)

[arklaw13]

FWIW, I had Civ Pro in 2 semesters and one of our issue-spotting questions first semester was exclusively about discovery, so it can happen.

(OP, I'm sorry, I don't have any old exams to offer.)

How did that work? I'm trying to think of what a question like that would be. Maybe it's just because we only talked about discovery from a policy perspective and I have no idea what the BLL is.

[UnderrateOverachieve]

What kind of overly practical Civil Procedure class are you in?

Where is the weird personal jurisdiction issues?




http://law.ggu.edu/law-library/study-ai ... ourse-name


check here.

[trepinator]

Thank you guys for the help. Our questions (we had one midterm) went something like this...

A partner at your firm has handed you a rough draft of the complaint that was written by another associate. He also gave you the original facts. Please go through the facts and correct any issues with the complaint.

Answer would go something like this.

8(b) my associate denied the wrong factual allegations. We must admit these, deny these, and can aver knowledge to these (keeping in mind rule 11 for each step)

then we would go into a 8(a)(2) using Conley, Swierkiwicz, Iqbal, and Twombly. (no longer notice standard, but legal conclusions ignored, if any left over claims require inferences, they must be plausible)

Then we would have to talk about rule 11 sanctions because we signed the document.

That was the gist of our midterm. But I haven't done any practice questions on discovery yet. Also, what are your opinions on pre-writing answers to this type of exam? I have frameworks that I made that literally go step by step through an analyses of all the rules we covered. But since the exam is so predictable, I though I could get some of the rules out of the way before hand and pick and choose and leave spots open for analyses and facts.

Taking into account what we covered, if i had to bet, the test will probably be a 8(a)(2) question with rule 11 and maybe a 15 relation back issue and a 26 question that covers pretrial conference, discovery methods, motion to compel/protect, a 45 subpoena with rule 37 sanctions for both originally failing to comply with the request and then completely blowing off the request. Again thanks for the help and any more hypos would be greatly appreciated!

[A. Nony Mouse]

FWIW, I had Civ Pro in 2 semesters and one of our issue-spotting questions first semester was exclusively about discovery, so it can happen.

(OP, I'm sorry, I don't have any old exams to offer.)

How did that work? I'm trying to think of what a question like that would be. Maybe it's just because we only talked about discovery from a policy perspective and I have no idea what the BLL is.

Am trying to remember... Part of it involved a lawsuit involving a laboratory (? I think) and what kind of access someone suing the lab could get to the lab to examine...whatever. Basically I think it was getting at what kind of discovery is available for non-documents (in this case, a physical place). I think there was also stuff about expert witnesses, medical exams/reports, and interrogatories/depositions.

We started with complaints and didn't do anything about jurisdiction until the second semester, so you can get into quite a lot of detail about discovery.

[arklaw13]

FWIW, I had Civ Pro in 2 semesters and one of our issue-spotting questions first semester was exclusively about discovery, so it can happen.

(OP, I'm sorry, I don't have any old exams to offer.)

How did that work? I'm trying to think of what a question like that would be. Maybe it's just because we only talked about discovery from a policy perspective and I have no idea what the BLL is.

Am trying to remember... Part of it involved a lawsuit involving a laboratory (? I think) and what kind of access someone suing the lab could get to the lab to examine...whatever. Basically I think it was getting at what kind of discovery is available for non-documents (in this case, a physical place). I think there was also stuff about expert witnesses, medical exams/reports, and interrogatories/depositions.

We started with complaints and didn't do anything about jurisdiction until the second semester, so you can get into quite a lot of detail about discovery.

Funny. My prof said as a litigation associate the majority of what you'll be doing is discovery related since that's where 90% of the time is spent during a lawsuit.

Then he taught us almost nothing useful about discovery.

[A. Nony Mouse]

The joy of law school...