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NEW QUESTION 20
Under the 1993 Rule 11, as under the prior rule, parties have the continued obligation to mitigate damages resulting from a Rule 11 violation.
Which of the following may relate to this situation?
- A. Thomas v. Capital Sec. Serv., 836 F.2d 866, 879 (5th Cir. 1988) - "A party seeking Rule 11 costs and attorneys' fees has a duty to mitigate those expenses by correlating his response, in hours and funds expended, to the merit of the claims."
- B. Danvers v. Danvers, 959 F.2d 601, 605 (6th Cir. 1992) - Remanded for reduction of sanctions award where defendant's attorney spent several hours researching and preparing for discovery on meritless action rather than moving to dismiss.
- C. United Food & Commercial Workers Union Local No. 115 v. Armour & Co., 106 F.R.D. 345, 349-50 (N.D. Cal. 1985) - Court reduced fee request because counsel over-litigated the case.
- D. Hamil v. Mobex Managed Servs. Co., 208 F.R.D. 247, 250 (N.D. Ind. 2002) - "[A] party must request Rule 11 sanctions as soon as practicable after discovery of a Rule 11 violation."
- E. Pollution Control Indus. of Am. v. Van Gundy, 21 F.3d 152, 156 (7th Cir. 1994) - Vacating sanctions against plaintiffs and remanding for appropriate award where defendants had a duty to mitigate costs but failed to raise the dispositive issue in a prompt and cost-efficient manner.
Answer: D
NEW QUESTION 21
According to OFSI, the asset freeze as a financial sanction generally involves the further steps, except:
- A. Prohibited to make funds or economic resources available, directly or indirectly for a benefit
- B. Prohibited to deal with the frozen funds or economic resources
- C. Changes in ownership of the frozen funds or economic resources
- D. Prohibited to engage in actions that, directly or indirectly, circumvent the financial sanctions prohibitions
- E. Prohibited to make funds or economic resources available, directly or indirectly for a designated person
Answer: C
NEW QUESTION 22
Which of the following could affect the pursuit and implementation of incentive policies?
- A. Partisan struggle
- B. Individual Struggle
- C. Factional struggle
- D. Institutional struggle
- E. National Struggle
Answer: A,C,D
NEW QUESTION 23
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