CivPro Sem 2

Quiz 1-12

Under Rule 41, both the plaintiff and the defendant may dismiss an action without a court order. (T/F)

False

[Plaintiff only]

Under Rule 41, a stipulation of dismissal signed by all parties who have appeared may result in a dismissal of the action, but only if the court orders the dismissal. (T/F)

False

[Parties can agree by stipulation OR you can get a court order, don’t need both]

If the plaintiff previously voluntarily dismissed their claim in federal district court, and then brings that same claim to another district court, and then files a notice of dismissal before the opposing party serves an answer or motion for summary judgment, the case will be dismissed with prejudice. (T/F)

True

[Two Dismissal Rule]

If the plaintiff previously voluntarily dismissed their claim in federal district court, and then brings that same claim to another district court, and then the parties all sign a stipulation of dismissal in that second case, the case will necessarily be dismissed with prejudice. (T/F)

False

[no prejudice b/c we all agreed OR we agreed on the prejudice that’s being attached (settlement, fees, etc.)]

Under Rule 56, when a judge rules on a motion for summary judgment, she must determine whether the evidence is such that a reasonable jury could return a verdict for the nonmoving party.  

True

Under FRCP 18(a), a plaintiff may bring any number of claims against a defendant that it has against him/her/it/them, but only if those claims arise "out of the same transaction, occurrence, or series of transactions or occurrences."

False

[As many claims as you want babes go crazy don’t have to be related at all]

Under Rule 42(a), a trial judge may order a separate trial for a separate issue or claim in an action before the court at the time.

False

[42(b)]

Under FRCP 20(a), which one of the following claims is true?

A plaintiff or a defendant may be joined in an action if they assert a right to relief, or a right to relief is asserted against them, arising out of the same transaction, occurrence, or series of transactions or occurrences, AND a question of law or fact common to all plaintiffs or all defendants will arise in the action.