Mastering Multiple Choice for Federal Civil Procedure MBE Bar Prep and 1L Exam Prep
Authors:
Janssen, William M. / Baicker-McKee, Steven
Edition:
2nd
Copyright Date:
2016
13 chapters
have results for Mastering Multiple Choice for Federal Civil Procedure MBE Bar Prep and 1L Exam Prep
Title Page 3 results
Halftitle Page 3 results
Part 1. Introduction to Mastering Multiple Choice for Federal Civil Procedure 138 results (showing 5 best matches)
- The book contains 156 multiple-choice questions on all the topics and subtopics included in the National Conference of Bar Examiners’ (NCBE) subject matter outline for Civil Procedure (see below). The number of questions on each topic correlates to the percentages that the NCBE has stated it is now using in the Civil Procedure segment of the MBE. The questions are presented in a manner that simulates the format used on the MBE, and that formatting should also help you prepare for most Civil Procedure law school exams.
- Even students who have done well in law school may be thrown by the multiple-choice format of the MBE (especially if their own law school courses did not test using the multiple-choice method). Students who thrive on answering open-ended questions in class and who perform well on short answer or essay questions for Civil Procedure courses may instead struggle with multiple-choice questions on their law school exams and the MBE. Understanding why this happens can help you prepare for the format of the MBE and reduce your anxiety as you take your examination. Some small changes in how you approach a multiple-choice test may make you both more time-efficient and successful.
- • When the time comes for you to sit for the bar examination, you will almost certainly be asked to complete both the Multistate Bar Examination (MBE) and your State’s jurisdiction-specific essay examination. The MBE is a single-day, 200-question multiple-choice examination. As discussed in the Bar Exam Studying section above, for bar examination purposes, you will have 1 minute 48 seconds to read, think through, and answer each multiple-choice question. It would be wise, then, to try to follow that time plan for your law school multiple-choice questions. That is good practice for the career-defining “pop-quiz” that will be coming your way when you graduate (the bar exam).
- Although you can certainly use this book to pretest your knowledge or give you a sense of what you will be learning, it will nearly always be more useful for you to go through these questions after you have studied and mastered the subject. This is true whether you are using the book to prep for law school exams or the MBE. This book enables you to test your ability to translate substantive knowledge into problem-solving contexts. Until the substantive mastery is there, you cannot optimally practice that exercise.
- The MBE tests national, federal civil practice only. We anticipate that many States will continue to test their State-specific Civil Procedures by essay, but will relegate most (or all) of their testing on national Civil Procedure to multiple-choice questions such as those sampled in this book. It is this book’s goal to impart any State-specific Civil Procedure test practice assistance; for obvious reasons, that type of practice needs to be keyed to the enacted and decisional law of each particular State.
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Preface to the Second Edition 4 results
- This book is intended to help both new graduates studying to take their bar examinations, as well as students studying to learn Civil Procedure concepts in the first instance. The 156 questions and answers contained here have been created by two law professors who now teach Civil Procedure in their classrooms, but formerly practiced civil litigation for many years in federal and state courts. The questions highlight those topics and subtopics which appear to be those most reliably examined in a multiple-choice format. This Second Edition has updated prior multiple-choice questions and expanded the total question volume by 25% with all new multiple-choice questions, and incorporates the December 1, 2015 amendments to the Federal Rules of Civil Procedure, which will be tested starting in July 2016.
- that precedes the Questions and Answers. It offers a guide for multiple-choice strategies that may be useful in helping convert substantive Civil Procedure knowledge into exam-readiness.
- Civil Procedure was added as a testing topic to the multistate bar examination in February 2015; it has now been included in each administration of the MBE since then. In law school, Civil Procedure remains a topic area that many students find dense and unnerving.
- Please let the Authors know if you have suggestions or critiques for improving this book. We enthusiastically welcome your comments.
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Table of Contents 23 results (showing 5 best matches)
- PART 1. INTRODUCTION TO MASTERING MULTIPLE CHOICE FOR FEDERAL CIVIL PROCEDURE
- E. Bar Exam Studying—What You Need to Know About Civil Procedure Questions
- 1. Addition of Civil Procedure to the MBE
- F. Law School Exam Studying—What You Need to Know About Civil Procedure Questions
- H. An Approach for Success with Multiple-Choice Questions
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Summary of Contents 4 results
Part 3. Multiple Choice Answers (With Explanations and Citations) 487 results (showing 5 best matches)
- A report and recommendation is required in certain circumstances, such as under Rules 52 and 72 of the Federal Rules of Civil Procedure for special masters and magistrate judges, but not for a district court judge following a bench trial, as explained in Answer (B).
- Answer (C) is the best choice:
- Answer (D) is the best choice:
- Answer (D) is the best choice:
- Answer (C) is the best choice:
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About the Authors 2 results
- is a professor of law at the Charleston School of Law in Charleston, South Carolina, where he teaches civil procedure, products liability, mass torts, and constitutional law. He has been honored four times by the Charleston students as their “Professor of the Year.” He is the author of
- is an assistant professor of law at Duquesne University School of Law in Pittsburgh, Pennsylvania, where he teaches civil procedure, advanced pretrial litigation techniques, and energy law and has been honored by the Duquesne students as their “Professor of the Year.” He is a co-author of
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Part 2. Multiple Choice Questions 482 results (showing 5 best matches)
- 113. Carpenter was injured while hammering a defective nail. Carpenter brought a diversity action in Oklahoma federal court against the nail’s Manufacturer. The case was filed on the eve before Oklahoma’s statute of limitations for personal injuries would have expired. Oklahoma’s limitations statute, however, provided that personal injury plaintiffs must file their lawsuits within the limitations period and then either (a) complete service of process on the defendant within that limitations period as well or, alternatively, (b) complete service within 60 days after filing. Carpenter filed the complaint within the limitations period, but failed to complete service on Manufacturer within 60 days thereafter.
- (C) Broker’s demand exceeds the numerical maximum set in the Federal Rules of Civil Procedure for allowable requests for inspection.
- 49. A State law negligence claim is pending in federal court in Oregon under the court’s diversity jurisdiction. Assume that the Oregon Rules of Civil Procedure provide that the judge must give the jury a copy of the jury instructions bound in an official Oregon “Jury Instructions” folder. Assume that the Federal Rules of Civil Procedure do not address the topic, but the federal judge handling the case, as a matter of judicial practice, provides juries with a copy of the jury instructions fastened with just a staple.
- 27. Patient sues Doctor for medical malpractice in federal court under the court’s diversity jurisdiction. As part of a statute intended to curtail frivolous medical malpractice actions, applicable State law requires that a plaintiff submit a certification of merit from a licensed medical doctor at the time the plaintiff files a medical malpractice action. Assume neither the Federal Rules of Civil Procedure, federal statute, or federal common law imposes such a precondition.
- 1. Neighbor, a painter, painted the exterior of Homeowner’s house. Homeowner believed that Neighbor did an unprofessional job, hired another painter to repaint the house, and sued Neighbor for damages in State court in a State that has adopted the Federal Rules of Civil Procedure as its State procedural rules. Neighbor filed a counterclaim asserting two claims: one seeking the money that Homeowner promised to pay him for the painting job, and one seeking recovery of the riding lawnmower that Homeowner previously borrowed, which is unrelated to the painting fees dispute.
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Acknowledgments 3 results
- Professor Janssen thanks his co-author for their tremendous adventure through federal civil procedure, as well as Anna C. Hathaway and Morgan L. Ivey for their wonderful research assistance in preparing the book’s manuscript. He dedicates his work on the book to the love of his life, Mary Kay Schwemmer.
- Professor Baicker-McKee also thanks his co-author, without whose friendship and encouragement he might not have made the rewarding shift to legal education. He thanks Terry O’Donnell for his tremendous assistance in preparing this edition’s manuscript. He dedicates this book to his wife Carol and his children, Kyle, Eric, and Sara, and pays homage to the squash gods—may they smile down on him.
- This is a book by two colleagues, who began a friendship as law clerks that has continued and enriched our lives for nearly thirty years.
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Copyright Page 2 results
- The publisher is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.
- West, West Academic Publishing, and West Academic are trademarks of West Publishing Corporation, used under license.
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- Publication Date: May 13th, 2016
- ISBN: 9781634604659
- Subject: Civil Procedure
- Series: Academic and Career Success
- Type: Academic/Prof. Development
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Description:
Looking for a reliable multiple-choice practice resource for federal civil procedure?
Well, you MUST buy this book if:A. You are studying for the Multistate Bar Examination, and are a little freaked out by the arrival of Civil Procedure to the question categories in the exam;
B. You are now enrolled in a Civil Procedure course and you are still trying to figure out precisely what was going on in Pennoyer v. Neff;
C. You want a resource that not only allows you to test your understanding of Civil Procedure, but enhances it by providing detailed explanations;
D. All of the above.
This second edition (expanded by 25% with new questions, and now also encompassing the December 2015 Rules amendments) is a multiple-choice exam practice book designed for (a) bar exam takers, who are preparing to take the MBE multiple-choice bar exam (Civil Procedure was recently added as a testing topic in the MBE multiple-choice bar exam), and (b) 1L law students, who are preparing to take their course examinations. The book offers practical, easy-to-follow advice on multiple-choice exam-taking strategies, clear suggestions on effective multiple-choice practicing techniques, and a robust set of Civil Procedure multiple-choice practice questions with answers and explanations (designed to simulate MBE-style questions). Tables help users decode the tested-topic for each practice question.
