Crucial Exams

Multistate Bar Examination Practice Question

An attorney represents a plaintiff in a federal lawsuit. The attorney files a complaint alleging a breach of contract but knowingly includes a claim for fraud, which is factually unsupported by the evidence the attorney possesses. The defendant files a motion for sanctions under Rule 11. What must the court consider to decide whether sanctions are appropriate?

  • Whether the plaintiff provided written consent for including the fraud claim in the complaint.

  • Whether the attorney subjectively believed the fraud claim was legally plausible.

  • Whether the defendant suffered harm as a result of the unsupported fraud claim.

  • Whether the attorney conducted a reasonable inquiry into the factual basis for the fraud claim before filing.

Multistate Bar Examination
Civil Procedure
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