Mastering Multiple Choice for Federal Civil Procedure MBE Bar Prep and 1L Exam Prep
Authors:
Janssen, William M. / Baicker-McKee, Steven F.
Edition:
4th
Copyright Date:
2022
14 chapters
have results for Mastering Multiple Choice for Federal Civil Procedure MBE Bar Prep and 1L Exam Prep
MASTERING MULTIPLE CHOICE for 3 results
Title Page 4 results
Part 1 Introduction to Mastering Multiple Choice for Federal Civil Procedure 146 results (showing 5 best matches)
- The book contains 230 multiple choice questions on all the topics and subtopics included in the National Conference of Bar Examiners’ (NCBE) subject matter outline for Civil Procedure (which we have reprinted below). The volume of this book’s questions on each topic roughly correlates to the percentages that the NCBE has announced it is now using in the Civil Procedure segment of the MBE. The questions are also posed to you in a manner that simulates the format used on the MBE (which is also the format often used in law school exams).
- The NCBE included Civil Procedure as a tested topic in the MBE for the first time on the February 2015 administration of the national multiple choice bar examination. Previously, the topic of Civil Procedure had been tested on bar examinations principally through the use of essay questions.
- The MBE tests national, federal civil practice only. Many States continue to test their State-specific Civil Procedures by essay or other means, 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 not this book’s function 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.
- This book also contains something that the MBE and your Civil Procedure examinations will not—answers. Following the 230 multiple choice questions are the corresponding answers and explanations. Those answers and explanations will tell you which choice was right and why, and why the other choices were wrong.
- Introduction to Mastering Multiple Choice
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Preface to the Fourth Edition 6 results (showing 5 best matches)
- Civil Procedure remains a topic area that both 1L students and bar exam studiers find often dense and unsettling. This book is intended to help both—those trying to learn the nuances of Civil Procedure for the first time and those trying to remember those nuances as their bar examination approaches.
- The 230 questions, answers, and explanations contained here have been created by two law professors who teach Civil Procedure in their classrooms, but who also practiced civil litigation for many years in federal and State courts. The questions encompass every one of the topics and subtopics that the National Conference of Bar Examiners identified in its Subject Matter Outline as within the scope of coverage for the MBE portion of national bar examinations. This Fourth Edition has expanded the total question volume by 15% with new multiple choice questions, answers, and explanations. It also incorporates amendments to the Federal Rules of Civil Procedure, current through January 2022.
- Civil Procedure was first added as a testing topic to the multistate bar examination’s multiple choice test (“MBE”) in February 2015. It has been included in each administration of the MBE since then.
- (Part 1). It contains helpful advice and strategies on attacking multiple choice questions.
- TABLES for DECODING TOPICS
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Summary of Contents 3 results
Table of Contents 22 results (showing 5 best matches)
- 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
- Multiple Choice Answers (with Explanations and Citations)
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Part 3 Multiple Choice Answers (with Explanations and Citations) 736 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 (C) is the best choice:
- Answer (D) 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 six times by the Charleston students as their “Professor of the Year.” He is also the author of
- is the Joseph A. Katarincic Chair of Legal Process and Civil Procedure and an associate professor of law at Duquesne University School of Law in Pittsburgh, Pennsylvania, where he teaches civil procedure, litigation simulation courses, environmental law, and environmental litigation and has been honored by the Duquesne students as their “Professor of the Year.” He is the author of the
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Part 2 Multiple Choice Questions 687 results (showing 5 best matches)
- Driver bought a car from the local Dealer. Driver had repeated problems with the car’s automatic transmission and, after multiple attempted repairs by the Dealer’s service department, eventually demanded a full refund, asserting breach of the car’s warranty. The Dealer refused to provide the refund, so Driver sued the Dealer for breach of warranty in a State court that has adopted rules of civil procedure mirroring the Federal Rules of Civil Procedure. The statute of limitations on the breach of warranty claim ended two days after Driver filed the complaint, and the complaint contained all of the dates needed to confirm that Driver filed the complaint timely. The Dealer filed an answer to the complaint in which it asserted that the Manufacturer was the entity that issued the warranty, not the Dealer. Seventeen days after receiving the answer, Driver filed an amended complaint adding the Manufacturer as a defendant. The Manufacturer responded with a motion to dismiss under Rule 12(b)...
- 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 the day before Oklahoma’s statute of limitations for personal injuries would have expired. Oklahoma’s limitations statute, however, provided that, to be timely filed, 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.
- Broker’s demand exceeds the numerical maximum set in the Federal Rules of Civil Procedure for allowable requests for inspection.
- 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 mandate that judges must give juries 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 her own standard chambers practice, typically provides her juries with a copy of the jury instructions fastened with just a staple.
- Patient sued 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, the applicable State’s 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 nor any federal statute or federal common law imposes such a precondition.
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Acknowledgments 3 results
- Professor Janssen thanks his co-author for their tremendous adventure through federal civil procedure, as well as George E. (Ward) Coleman who assisted masterfully with the finalization of this manuscript. A special thank-you also to those many students who have, over the years, offered invaluable suggestions that have improved this text. 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 Kate Czekalski, Taylor Pollier, and Ben Norman for their 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 more than thirty years.
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Part 5 Questions Listed by Category and Knowledge Area 165 results (showing 5 best matches)
Part 4 Questions Listed by Question Number 164 results (showing 5 best matches)
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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Advisory Board 6 results (showing 5 best matches)
- University Professor and Chief Justice Warren E. Burger Professor of Constitutional Law and the Courts, New York University
- Professor of Law and Dean Emeritus
- President, William and Flora Hewlett Foundation
- Arthur J. Kania Dean and Professor of Law
- Dean and Joseph L. Rauh, Jr. Chair of Public Interest Law
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- Publication Date: April 25th, 2022
- ISBN: 9781636593364
- Subject: Civil Procedure
- Series: Academic and Career Success
- Type: Academic/Prof. Development
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Description:
Need a little practice with multiple choice questions in federal civil procedure? Your solution has arrived.
You MUST buy this book if:
A. You are studying for your Bar Exam’s MBE multiple choice test, and are more than just a little freaked out by how broadly Civil Procedure can be tested;
B. You are in law school, enrolled in a Civil Procedure course, and you are exasperated trying to master the countless nuances of Civil Procedure;
C. You want a resource that helps coach you in improving multiple choice exam performance, with strategies, realistic questions, answers, and detailed explanations;
D. All of the above.
This fourth edition (expanded with new questions, new answers, and new explanations) encompasses material reflecting all Civil Procedure Rule amendments through December 2021, along with applicable new case law through February 2022. This multiple choice practice book is designed for: (a) bar exam takers, who are preparing to take the MBE multiple choice bar exam, and (b) 1L law students, who are preparing to take their course examinations. This practice 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.