Which of the following highlights how the Act is different from Rule 11 as amended in 1993?

Which of the following highlights how the Act is different from Rule 11 as amended in 1993?
A . The Act changes the procedure for imposing Rule 11 sanctions and it makes sanctions mandatory, removing any discretion from the district courts
B. The Act presumes that the opposing party’s attorneys’ fees will be the sanction, rejecting the focus on deterrence reflected in Rule 11
C. The Act does not change the procedure for imposing Rule 11 sanctions and it makes sanctions mandatory, removing any discretion from the district courts
D. The Act does not presume that the opposing party’s attorneys’ fees will be the sanction, rejecting the focus on deterrence reflected in Rule 11

View Answer

Answer: A,B

Explanation:

The differences between the Act and Rule 11 as amended in 1993 are substantial. The Act changes the procedure for imposing Rule 11 sanctions and it makes sanctions mandatory, removing any discretion from the district courts. In addition, the Act presumes that the opposing party’s attorneys’ fees will be the sanction, rejecting the focus on deterrence reflected in Rule 11.