Federal Law Practice Test

These questions are part of the practice quiz. Start practicing

• In the acronym EEL N BIRD, which term is NOT part of the EEL portion?
• If something changes during the application, you have 3 general days to redisclose. This rule is triggered by a change in what?
• When must service of process occur under Rule 4(m) if the complaint is properly filed?
• What is the purpose of the FDCPA?
• Under federal jurisdiction, which statement about standing is accurate?
• How soon after receipt of a complaint may a defendant remove a case to federal court?
• In the memory anchors, which letter represents Census-style data?
• FDCPA applies to whom?
• Precise Days are defined as which?
• Which statement best describes conflict preemption?
• Which agency is the enforcer most of the time?
• Which statement accurately describes standing vs. ripeness?
• In the memory anchors, the letter B is associated with which act?
• In diversity, which law governs statutes of limitations under Erie?
• What is the amount-in-controversy threshold for diversity jurisdiction?
• When HOEPA is triggered, lenders must provide what?
• In diversity cases, how does Erie guide choice of law?
• Under the Fourth Amendment, which statement best reflects the general requirement for searches in the absence of consent or other exceptions?
• What is the purpose of the Flood Disaster Protection Act?
• Which item is NOT a Rule 23 prerequisite for class certification?
• Which factor may influence the choice of sanctions under FRCP 37?
• Which statement best describes the work product doctrine?
• Which data item is NOT included in HMDA reporting?
• What is Auer deference, and when does it typically apply?
• Which statement best describes the purpose of 28 U.S.C. § 1292(b) interlocutory appeals?
• Which of the following is a correct expansion for the first E in EEL?
• Which act allows consumers to dispute inaccuracies in their credit reports?
• Which item is not a RESPA disclosure?
• What is the purpose of the Equal Credit Opportunity Act (ECOA)?
• Under Erie, in diversity cases, which law governs substantive issues?
• Which situation would create federal subject-matter jurisdiction based on a federal question?
• Which statement describes Chevron deference?
• Under Rule 12(b)(6), when should a court dismiss for failure to state a claim?
• GLBA requires which of the following?
• What is the final judgment rule for federal appellate jurisdiction, and what are typical exceptions?
• Can both official-capacity and personal-capacity claims be pursued in a Section 1983 suit?
• Which tolerance category has a 10% fee tolerance?
• Under Rule 12(b)(6), what phrase describes the standard applied to the complaint's allegations?
• Which act governs debt collection practices?
• What is the purpose of the Truth in Lending Act (TILA)?
• Under the Federal Rules of Evidence, how are physician-patient privileges treated across jurisdictions?
• After a Change of Circumstance, what is the deadline to mail a revised LE?
• What is the Dormant Commerce Clause?
• When a defendant is served in another state, what standard governs the exercise of personal jurisdiction in federal court?
• Which items are the key disclosures under RESPA?
• EEL N BIRD is used to denote what kind of reasons?
• What does 'complete diversity' mean in federal diversity jurisdiction?
• In the memory anchors, the letter Z is associated with which act?
• What is the two-step Chevron framework for reviewing agency interpretations of statutes?
• Which statement best describes a Mortgage Loan Originator (MLO)?
• In POPIN, what is the item represented by the letter P?
• Under RESPA timing, the Loan Estimate must be provided within how many business days of application?
• How do a temporary restraining order (TRO) and a preliminary injunction differ, and when is each appropriate?
• The Escrow Account Statement is a disclosure required by which act?
• Which Rule 23(b) type is designed for predominance and superiority?
• In a Section 1983 action, which doctrine allows suits against municipalities for constitutional violations?
• For appellate review, which standard applies to questions of law?
• A properly granted JMOL under Rule 50 results in:
• Regarding sovereign immunity, which statement accurately describes when a federal suit may proceed?
• A federal court may hear a case against the United States only if:
• Which statement best describes the effect of federal preemption?
• For closed-end real estate loans, which documents are required under TRID?
• What is the standard for granting a judgment as a matter of law under FRCP 50?
• Which scenario best illustrates general jurisdiction?
• Which set of items are the key disclosures under TILA?
• Which entities enforce the SAFE Act?
• What does complete diversity require?
• The Closing Disclosure (CD) is associated with which act?
• What is FRCP 26(f) about, and why is it important?
• Which elements constitute essential standing under Article III?
• What is the primary purpose of protective orders in discovery?
• TRID's scope excludes which type of transactions?
• What is the difference between due process and equal protection?
• What is the core rule of the Erie doctrine for federal courts sitting in diversity?
• Which agency enforces HMDA?
• What is the purpose of preemption in federal law?
• In the ALIENS acronym, what does E stand for?
• When may a defendant remove a case to federal court?
• Which act is designed to track lending patterns and prevent redlining?
• Which statement best describes the approach to the Best Evidence Rule regarding duplicates?
• In BIRD, which item corresponds to the letter B?
• What makes an appeal from a district court order final?
• Which tolerance category has unlimited tolerance under TILA-RESPA?
• What is the automatic stay in bankruptcy?
• Which of the following is a protected class under ECOA?
• Which statement about discovery proportionality is true?
• Which statement best describes express preemption?
• What does FRE 901 require?
• What is the general scope of discovery under FRCP 26(b)(1)?
• Under the Best Evidence Rule, which must be produced to prove contents?
• What standard did Twombly and Iqbal establish for federal complaints?
• Can removal be based on diversity if there are multiple defendants and one shares a state with a plaintiff?
• Jeopardy attaches in a bench trial and in a jury trial.
• Which type of order is typically eligible for immediate appeal under the collateral order doctrine?
• In EEL N BIRD, what does L stand for?
• Which Regulation Letter applies to RESPA?
• In reviewing a trial court's findings, which standard applies to credibility determinations on appeal?
• Which statement regarding Chevron and Skidmore deference is true?
• What does a new trial remedy focus on?
• What are the two core requirements for federal diversity jurisdiction?
• What is the primary distinction between a complaint and an answer in federal civil procedure?
• What is the effect of a proper JMOL motion under Rule 50?
• Under the Erie doctrine, in federal courts sitting in diversity, which law governs substantive issues?
• What is the purpose of the Fair Credit Reporting Act (FCRA)?
• Which statement about forum non conveniens is accurate?
• How does Erie distinguish substantive from procedural law in practice?
• Which statement describes Skidmore deference?
• Under Rule 26(b)(1), which factor influences discovery proportionality?
• Which statement describes the Rule 23 requirement of adequacy of representation?
• How is corporate citizenship determined for diversity purposes?
• Which statement about forum non conveniens is accurate?
• What is the purpose of Rule 1 of the Federal Rules of Civil Procedure?
• What does the Best Evidence Rule require when proving the content of a writing?
• Under COAT, which statement is true?
• Under what rule and circumstances can a party seek an interlocutory appeal of an order related to injunctive relief?
• What are consumer rights under FCRA?
• When are Miranda warnings required?
• In the memory anchors, GLBA is linked to which concept?
• What is the purpose of the Gramm-Leach-Bliley Act (GLBA)?
• Which item is NOT a requirement under the SAFE Act?
• Which of the following actions are prohibited by the Fair Debt Collection Practices Act?
• What is mootness?
• Under RR, which items are included in the 10% fee tolerance?
• What are the three elements of standing under Article III?
• Which statement best describes 28 U.S.C. § 1367 supplemental jurisdiction?
• What describes field preemption?
• HMDA requires reporting of which of the following items?
• Who enforces the Truth in Lending Act (TILA)?
• In diversity jurisdiction, what condition prevents removal based on diversity?
• What is the difference between claim preclusion and issue preclusion?
• In POPIN, what does the letter N represent?
• Which practice is allowed under RESPA?
• What is the minimum amount in controversy for federal diversity jurisdiction?
• What happens when a defendant fails to respond to a complaint within the time allowed?
• What does '0% Fee Tolerance' refer to in TRID tolerances?
• Which statement best captures the difference between JMOL and a new trial?
• In the ALIENS acronym used for a complete mortgage application, what does A represent?
• What is the effect of the Class Action Fairness Act (CAFA) on federal jurisdiction over class actions?
• Who enforces both TILA and RESPA?
• In the context of preclusion, which statement is true?
• How are general and specific personal jurisdiction different?
• Which statement best describes the difference between the attorney-client privilege and the work-product doctrine in federal practice?
• Name two common hearsay exceptions under FRE 803 and two for unavailable declarants under FRE 804.
• When is a warrant generally required for searches under the Fourth Amendment, and what are common exceptions?
• Which Regulation Letter governs the Truth in Lending Act (TILA)?
• Under FCRA, bankruptcy stays on a credit report for how long, and most derogatory items stay for how long?
• The Best Evidence Rule permits secondary evidence when:
• What is the purpose of the TRID integrated disclosures?
• Under which standard is the admissibility of expert testimony determined in federal courts?
• What is remand in the context of removal?
• What does service of process require under the FRCP?
• Rule 26(b)(1) governs which aspect of civil procedure?
• According to exam strategy, memorizing which items yields easy points?
• Which statement best describes the purpose of the collateral order doctrine?
• What is the primary purpose of the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act)?
• In the ALIENS acronym, what does N stand for?
• What pleading standard must federal courts apply after Twombly and Iqbal?
• Are Miranda warnings required in noncustodial interrogations?
• What makes an agency action 'final' under the APA?
• ECOA is represented by which regulation letter?
• Which item changes based on the loan amount percentage?
• In the memory anchors, the letter X is associated with which act?
• What does supplemental jurisdiction under 28 U.S.C. § 1367 allow?
• Which statement best describes Skidmore deference relative to Chevron?
• What is the basic requirement for service of process in federal court under FRCP 4?
• Which statement best describes when an agency action is final under the APA?
• Which statement best describes the Ex parte Young doctrine?
• The crime-fraud exception to the attorney-client privilege provides that:
• Which statement best describes a final judgment?
• What are the essential elements of a Section 1983 claim?
• Which statement is true about TRID forms?
• HOEPA triggers are based on which of the following?
• Which statement best describes the Closing Disclosure (CD) timing rule?
• What effect does a bankruptcy discharge have on the debtor’s personal liability?
• What is the primary purpose of the Administrative Procedure Act (APA)?
• What is the attorney‑client privilege?
• Under RESPA, a 'thing of value' is defined as which of the following?
• How many days are allowed to mail the Loan Estimate (LE) after ALIENS is collected?
• Which factor is considered when determining proportionality in discovery?
• What is the purpose of the crime-fraud exception to the attorney-client privilege?
• In the ALIENS acronym, what does L stand for?
• Who enforces the FCRA?
• Which statement best describes the difference between claim preclusion and issue preclusion in federal practice?
• Who enforces RESPA?
• What is the purpose of 28 U.S.C. § 1292(b) interlocutory appeals?
• General Days are defined as which of the following?
• In the BIRD acronym, what does I stand for?
• What is hearsay, and what is the basic rule about its admissibility in federal courts?
• Double jeopardy applies to successive punishments for the same offense.
• Which agency enforces ECOA?
• Under FRE 701, lay opinions are admissible if:
• What is proper venue for a federal civil action under 28 U.S.C. § 1391?
• When does federal subject-matter jurisdiction exist based on a federal question?
• What is the effect of the Federal Arbitration Act on arbitration agreements in federal courts?
• Under the Best Evidence Rule, when is secondary evidence permissible?
• What are the Rule 23 prerequisites and Rule 23(b) types for class actions?
• Under FRE 701, lay opinions are admissible if:
• Which statement correctly lists the Rule 23 class action prerequisites?
• In the ALIENS acronym, what does S stand for?
• What triggers Chevron deference?
• After removal, when must a case be remanded to state court?
• What happens when a case becomes moot?
• How do relevance and admissibility relate under FRE 401-403?
• Which data does HMDA include?
• Which form of preemption is described as federal regulation occupying a field to the exclusion of state regulation?
• Which of the following is not a recognized basis for 'unavailability' under FRE 804?
• In the ALIENS acronym, what does I stand for?
• Which of the following is included in a complete mortgage application under ALIENS?
• How does the Administrative Procedure Act govern agency rulemaking?
• Protective orders in discovery primarily aim to protect which type of information?
• In the memory anchors, SAFE is linked to which concept?
• Under HMDA, is applicant demographic information optional to disclose?
• What is the difference between a JMOL and a new trial?
• Which of the following is NOT an element of Article III standing?
• What is the purpose of RESPA?
• Which statement is true about general jurisdiction in personal jurisdiction doctrine?
• Under RR, which item is included in the 10% tolerance relating to fees?
• TRID covers which type of credit transactions?
• Federal question jurisdiction exists when the plaintiff's complaint raises a federal question in which sense?
• In Chevron Step Two, what does a court do if the statute is ambiguous?
• What are Rule 11 sanctions?
• For corporate citizenship in diversity, which factor determines the principal place of business (nerve center)?
• In discovery, how is privilege treated?
• When is the right to a jury trial guaranteed in federal civil litigation?
• Which of the following is a ECOA protected class example?
• Which statement best describes the difference between general and specific jurisdiction?
• Which sanctions may a court impose under FRCP 37 for discovery violations?
• What is the 4(m) deadline in federal service of process?
• What is the purpose of a privilege log, and when must it be produced?
• Which statement about claim preclusion is correct?
• In the acronym EEL N BIRD, what does N stand for?
• What is the purpose of HMDA?
• Under RESPA timing, the Closing Disclosure must be provided before consummation by how many business days?