Civil Procedure Multistate Bar Practice Exam

What must the trial court determine regarding the merits of the case for a Final Judgment?

1. Whether the jury is in consensus

2. Whether there are any unresolved motions

3. Whether there is anything left to resolve on the case

4. Whether the evidence is sufficient for appeal

The correct answer is: Whether there is anything left to resolve on the case

For a Final Judgment, the trial court must ascertain whether there is anything left to resolve on the case. This determination is essential because a Final Judgment signifies that the case has been fully resolved on the merits, with all issues decided, and no further proceedings pending that could affect the outcome. A judgment that does not meet this criterion would generally not qualify as final, leaving room for further litigation or appeals. Understanding why this is important relates to the principle that a Final Judgment should bring closure to the litigation. If there are still unresolved matters—such as outstanding motions or pending counterclaims—the court's decision would not be conclusive. The aim of a Final Judgment is to ensure that all claims and defenses have been adjudicated and that the parties know the final outcome of their case. Thus, for a judgment to be considered final, it is critical that the court evaluates whether all aspects of the case have been fully addressed and resolved, aligning with the procedural mandates for concluding litigation effectively.