Civil Procedure – Hypotheticals Practice Test

These questions are part of the practice quiz. Start practicing

• Rule 18(a) allows adding an independent claim after proper impleader without needing relatedness to the main claim.
• A state allows service of process by first-class mail when delivering a complaint and summons to the defendant's home address. The defendant challenges the method, arguing it is improper. The court should:
• A dispute arises in which a state-law claim includes a question of patent validity that is essential to a party’s recovery. Under which scenario would removal to federal court be most likely supported?
• In a federal diversity case, removal to federal court is proper when:
• Which ground is recognized under Rule 59 as a basis for granting a new trial due to the verdict’s relation to the evidence?
• Under Rule 20, permissive joinder allows plaintiffs or defendants to join if they arise from the same transaction or occurrence and share common questions of law or fact.
• In Tolliver v. Acme, Tolliver alleges sex discrimination on information and belief and completes discovery but finds no evidence. Under Rule 11, Tolliver may proceed or must withdraw?
• Blake (Ohio) asserts a counterclaim against Browning (New York) for $35,000 for injuries. Does the court have jurisdiction to hear the counterclaim?
• In a federal action, a plaintiff sues under 42 U.S.C. §1983 for a First Amendment violation and also asserts a state-law defamation claim against the same defendant. Which statement about the federal court's authority to hear the defamation claim is correct?
• Under a transactional approach to claim preclusion with broad joinder, the second suit for negligence will not be barred if ...
• Under a diversity-based action, a defendant files a third-party complaint against a nonparty for indemnity related to the same dispute. May the court hear the third-party complaint under supplemental jurisdiction?
• In a diversity jurisdiction, if a plaintiff and a defendant are both citizens of the same state, there is
• Which statement best describes Full Faith and Credit in relation to final judgments of sister states?
• Rule 15(a)(1) permits amendment as of right within 21 days after service of a responsive pleading.
• What is the primary purpose of Rule 14 Impleader?
• Under Erie, if Tennessee has not decided an issue involving exclusive contracts, may a federal judge rely on related state-area precedents to predict how Tennessee would decide?
• Are communications between a client and his lawyer still privileged if the client plans to repudiates a contract?
• Under 28 U.S.C. § 1367, a federal court may exercise supplemental jurisdiction over state-law claims that form part of the same case or controversy as the federal claim.
• Requests for Admissions require a response within a specified time. Which statement is correct?
• In a sequence of cases, which would the federal court have subject-matter jurisdiction over all claims?
• If DeLesseps is uncertain whether Said or Ismail caused the breach, may he implead both?
• Under Rule 26(b)(1), which item is least likely to be subject to discovery in a sex discrimination case where damages include lost income?
• Crandall, a Missouri citizen, and Rizzouti, an Iowa citizen, sue Janssen, a Vermont citizen, Gompers, an American citizen who moved to Great Britain, and Toussaint, a Frenchwoman who has moved to Iowa for a one-year visiting professorship. The suit is based on diversity jurisdiction. (Assume Toussaint has not been admitted as a permanent resident.)
• Inadvertent production of a privileged document occurred in a patent case. Under Rule 26(b)(5)(B), which of the following best describes the recipient's obligations?
• True or False: Proper service of process automatically grants personal jurisdiction.
• Question 1: A defendant removes to federal court a state court action that asserts a federal copyright claim and a related state-law contract claim arising from the same publication. What is the proper ruling for the federal court?
• In a summary-judgment dispute involving a life insurance policy, the movant attaches an affidavit stating the insured committed suicide. The opposing affidavit states the insured did not commit suicide. The court should
• In federal court in Florida, defendant Trinh replies to a complaint and includes a personal jurisdiction objection in the answer. Which statement about this objection is correct?
• Removal to federal court under 28 U.S.C. §1441 requires the federal court to have original jurisdiction. Which statement is correct?
• Permissive joinder of multiple plaintiffs is permitted when:
• Pariah Corporation seeks indemnification from Donnelly, a former supervisor. Donnelly moves to dismiss the indemnity claim for lack of subject matter jurisdiction. The court's authority is most accurately described as:
• Potpourri: A plaintiff sues for breach of contract and also seeks specific performance. Under typical Rule 18 practice,
• Which of the following scenarios best illustrates nonmutual defensive collateral estoppel?
• Coleridge, a New York plaintiff, joins Browning’s diversity case as an additional plaintiff. Coleridge’s own claim does not meet the amount-in-controversy requirement. Does §1367(a) authorize jurisdiction for Coleridge’s claim if it arises from the same nucleus of facts as Browning’s claim?
• If a defendant fails to answer a complaint, the court may enter a default. A default may be set aside for good cause under which rule?
• What is the purpose of Rule 4 regarding service of process?
• Rule 60(b) provides relief from a final judgment on grounds including:
• Which of the following statements about Rule 14 impleader is true?
• Question 13: A foreign corporation maintains continuous and systematic contacts with Forum State Y. The claim arises from a contract unrelated to those contacts. The appropriate basis of jurisdiction is:
• Which statement about Grable-style federal-question jurisdiction after Grable & Sons is most accurate?
• For permissive joinder under Rule 20, claims may be joined if they arise from the same transaction and share a common question of law or fact. This means joinder is allowed when:
• If a federal court lacks personal jurisdiction over a defendant, what is the typical remedy?
• Which statute governs transfer for the convenience of the forum when the case could have been filed in the destination district?
• LeCompte brings suit for battery and is served by first-class mail. The defendant does not respond, and a default judgment is entered. Three months later, the plaintiff seeks to sell the defendant's house to satisfy the judgment. The defendant moves for relief from judgment under the state's relief-from-judgment rule. The likely outcome is that:
• Which best describes the functional difference between Rule 4 and Rule 5 in service practice?
• In the inconvenient forum scenario, a plaintiff sues a Delaware corporation in a Massachusetts state court. The corporation seeks to remove the case to federal court. Which option would best accomplish removal to the proper federal court?
• Removal on the basis of a federal question: can the defendant remove to federal court if the plaintiff files a federal question claim in state court?
• For diversity purposes, a corporation is considered a citizen of which states?
• In federal court, when a jury awards damages that are unreasonably low but the liability finding is supported by the evidence, what is the proper remedy?
• If the jury's damages award is grossly excessive in light of the evidence, the trial court may order a remittitur. Which statement is correct?
• Erie doctrine: in a diversity action, which law governs conflicts-of-law rules applied by the federal court?
• During a deposition, if a key witness plans to relocate to another country, counsel may seek a protective order to limit cross-examination. The best description of such a remedy is
• Question 12: In a diversity removal case, the presence of a defendant who is a citizen of the forum state makes removal improper. The proper choice is:
• Rule 4 service on a corporation: which option is a valid method of service?
• Rule 4(e)(2)(C) targets service on an agent 'authorized by appointment or by law to receive service of process.' In the Massachusetts example, what type of appointment qualifies?
• If venue is improper, what is the proper remedy?
• Rule 20 permissive joinder allows plaintiffs to join claims against a single defendant when:
• If a party destroys relevant emails or other information during litigation, what type of sanction is commonly available to the court?
• Question 10: Rasmussen, an employee of Apex Welding, sues in Pennsylvania state court for breach of contract. After removal, Rasmussen amends to add a claim under the Federal Age Discrimination in Employment Act. The removal is:
• Which of the following is a safe statement regarding the removal of a case that could have been filed originally in federal court under §1331?
• Collateral estoppel prevents relitigation of issues that were actually litigated and necessarily decided in a prior action. This principle can apply to:
• A state-law tort claim arises in state court where the defendant asserts a federal issue that is necessarily raised and substantially involved in the case. Which doctrine supports removal to federal court?
• What is the controlling takeaway about service on a new third-party defendant under Rule 14?
• If a defendant is served at the defendant's home in another state and answers the complaint, this primarily demonstrates:
• True or False: In collateral estoppel, the nonparty to the prior action may never be bound by a prior judgment, regardless of fairness or opportunity to litigate.
• In a prior action, A sued B for negligence and obtained a final judgment on the merits. In a subsequent action involving the same incident against different parties, can collateral estoppel be invoked to preclude relitigation of the negligence issue against the same defendant?
• Under traditional diversity rules, which scenario would support removal to federal court based on diversity when the amount in controversy exceeds $75,000 and there is complete diversity among all plaintiffs and defendants?
• After both sides have presented, a Rule 50(a) motion is denied, and the movant seeks judgment notwithstanding the verdict under Rule 50(b). Which statement is correct?
• Removal to federal court is permitted when which condition is met?
• In a tort case where the place of injury is Vermont and Rhode Island's choice-of-law rule applies, Rhode Island refuses to enforce advance waivers unless individually negotiated; Vermont enforces waivers. Which law governs the enforceability of the waiver?
• Consolidation of related cases in federal court may be done if:
• Corporate citizenship for diversity purposes: a corporation is a citizen of which states?
• Under Rule 20, when may multiple plaintiffs or multiple defendants be joined in one action?
• Removal to federal court is proper if the case involves a federal question or complete diversity.
• In evaluating a motion for summary judgment, if there is no genuine issue of material fact, the court should
• A party may move for summary judgment if there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.
• After Pariah impleads Pelosi, Cavers asserts a direct defamation claim against Pelosi. Pelosi moves to dismiss the claim for lack of subject matter jurisdiction. Which statement about the court's jurisdiction is correct?
• Which of the following acts might subject a litigant to sanctions under Rule 11?
• A U.S. citizen sues a Canadian corporation in federal court based on diversity. The Canadian corporation is incorporated in Canada and has its principal place of business in Canada. Is this diversity valid?
• Added, but not authorized. Which scenario would give federal jurisdiction over the last-mentioned claim? Richards Corp (Delaware) sues Ortega (New Jersey) for misappropriating trade secrets. Four subcases follow: 1) Ortega counters with patent infringement for $60,000. 2) A discharge issue arises. 3) An additional state-law issue is raised. 4) Ortega counters with patent infringement for $120,000.
• A scribbled note indicating the price for insulation work is offered as proof of a contract. Under the Statute of Frauds, the note is likely insufficient because it
• May the federal court exercise supplemental jurisdiction over the pendent state-law contract claim that arises from the same events as the federal claim?
• A police officer may be immune from a §1983 suit if:
• Gotschall invested in Faithful Investments Inc. based on a brochure claiming a 15 percent return. A trial without a jury found the brochure did not guarantee any particular rate of return. Carmichael later sues Faithful on the same misrepresentation. Faithful moves for summary judgment arguing Carmichael is estopped by the first suit from proving misrepresentation. The court should rule:
• In a diversity case, the federal court may apply Rhode Island's choice-of-law rules for torts if there is no controlling decision from Rhode Island on the issue. This approach is
• Which statement about service and notice is consistent with due process?
• A plaintiff amends a complaint to add a federal civil rights claim arising from the same conduct after the limitations period has run. The amendment will relate back if:
• May a defendant implead multiple third-party defendants under Rule 14 if several people may be liable?
• A defendant may implead a non-party third-party defendant if the third party may be liable to the plaintiff.
• Which scenario would provide federal jurisdiction over all claims in a diversity action?
• Question 2: In a dispute over unfair competition worth $1,000,000, a Connecticut plaintiff sues a Vermont defendant in Connecticut state court. The defendant removes to the federal district court in Vermont. Which statement is correct?
• Rule 26(a)(1) requires certain disclosures; if a party fails to disclose a document and the omission is not harmless, what is the proper remedy?
• In a prior action, D lost a negligence issue against P. In a later action, E sues D for damages arising from the same incident. May E invoke collateral estoppel to bind D on the negligence issue?
• Under Rule 42, a court may order a separate trial for liability and damages if separate trials would avoid substantial prejudice to a party.
• In a case filed in state court, a plaintiff from Georgia sues Swensson (North Carolina) and Dracut (Virginia) for battery. Swensson asserts a federal civil-rights counterclaim under 42 U.S.C. §1983. If Dracut consents to removal, what is the likely jurisdictional result?
• Two plaintiffs are citizens of California who sue two defendants: one from New York and one from California. Does diversity exist for federal purposes?
• Under Rule 14, a defendant may bring in a third-party defendant who may be liable for all or part of the plaintiff's claim. This is permissible only if there is subject-matter jurisdiction over the third-party defendant.
• Kroger suggested that crossclaims by a defendant against another defendant from the same state may be heard in federal court even if complete diversity is destroyed. True or False?
• Which statement about waivers under Rule 12(g)(2) and Rule 12(h)(1) is true?
• In a state-court case involving a patent claim, removal to federal court is attempted after the defendant asserts the existence of a patent license obligation. The respondent argues removal is proper because the case ‘arises under’ patent law. Which option best describes the correct view?
• A trial court's misapplication of the law in a trial can be grounds for a new trial if the misapplication more likely than not affected the verdict. Which statement is correct?
• When a party withholds documents on the basis of privilege, what procedural step is typically required?
• A trial court instructs the jury with erroneous law; which statement about granting a new trial due to erroneous instructions is correct?
• In the Marlowe impleader case, which rule governs service on the third-party defendant?
• Question 15: A case removed based solely on a federal question is later dismissed of the federal claim, leaving only state-law claims. The proper action is:
• Rule 26(c) protective orders are used to protect a party from annoyance, embarrassment, oppression, or undue burden or expense. Which of the following is a proper ground for seeking such an order?
• Assume that DeLesseps impleads Said for indemnification on the theory that his faulty dredging work caused the contract breach. Said claims that his insurer, Cairo Casualty and Indemnity Co., has a duty to pay any damages resulting from his breach. May Said assert a claim against Cairo in the same action?
• In a France versus DeLesseps contract dispute, is it proper for DeLesseps to implead Said as a third-party defendant if Said may be liable to DeLesseps for the damages?
• In the second action after a prior liability verdict, the plaintiff seeks to use collateral estoppel to prove the defendant’s negligence without relitigating the plaintiff’s own negligence. Which statement best reflects the doctrine?
• A party moves for a new trial on the ground that the verdict is against the weight of the evidence. The court should ordinarily:
• Under the impact rule for negligent infliction of emotional distress, which scenario correctly reflects the rule?
• What is essential to establishing supplemental jurisdiction under 28 U.S.C. §1367(a)?
• A corporation with no forum state presence negotiates a contract through an in‑state agent who negotiates entirely outside the forum state and the contract is formed outside the forum. The forum state’s long‑arm statute authorizes jurisdiction for contracting to supply goods or services in the state and for transacting business in the state. Should the court exercise jurisdiction over the corporation?
• Where may a patent infringement case be properly venued under 28 U.S.C. §1400(b)?
• Under Rule 13(a), if a defendant has a claim arising from the same transaction or occurrence as the plaintiff's claim, must it be raised in the first action as a counterclaim? If not, it is barred from a later action.
• In an appeal from a bench trial, the appellate court reviews the trial court's factual findings for:
• Which statement accurately contrasts the two senses of ‘arises under’ for federal jurisdiction in §1331 and Article III, §2?
• Angus and Phillips from Texas sue Apex Corporation in federal district court in the Western District of Texas. Apex is a Delaware corporation with a plant in El Paso (Texas), a Tennessee factory, and a headquarters in Oklahoma. There are 15 officers at the Oklahoma headquarters. The court will find that there
• During deliberations, a juror reveals personal experience with trucks and the emergency brake, suggesting potential bias; what action should the court take?
• If a case has complete diversity of citizenship and the amount in controversy exceeds $75,000, what is the general effect on jurisdiction?
• Specific jurisdiction arises when which of the following is satisfied?
• If the nonmovant files no opposition to a motion for summary judgment, the court should
• Which scenario qualifies for federal question jurisdiction?
• Under Rule 26(b)(1), who bears the burden to show that producing electronically stored information would be unduly burdensome or costly?
• Which statement accurately describes general jurisdiction over a corporation?
• In a diversity action, the plaintiff resided in Indiana; the defendants resided in Kentucky and Tennessee; negotiations occurred in Western Tennessee. Venue would be proper in which district?
• An interrogatory asks a plaintiff to explain the basis for liability; the plaintiff responds that the defendant was negligent in operating his vehicle. Which characterization best describes this answer?
• In Davies, which statement best describes the relationship between service and due process?
• Under Rule 12(b)(3), what may happen if a court finds venue is improper?
• If an opposing affidavit in a summary-judgment opposition contains statements that are not admissible or lack personal knowledge, the court may
• Under the Massachusetts rules, which provision authorizes service on an out-of-state corporate defendant by mail requiring a signed receipt?
• Under Rule 4, is service on the city clerk valid as agent for service of process for a nonresident who conducts business in Massachusetts when authorized by operation of law?
• Between two extremes. Given the same facts, the Maryland court would probably conclude that it lacks personal jurisdiction over the manufacturer because:
• Rule 4(e) service of process: which method is valid for serving an individual in the state?
• Question 4: Ace Truck Bodies is a Minnesota corporation that sells a gasoline tank used in Illinois. A tank injures Jack in Illinois. The Illinois long-arm statute authorizes jurisdiction over a defendant who commits a tort in Illinois. The Illinois Supreme Court has held that this language is met if the defendant's product causes injury to a person within the state. Is Ace probably subject to personal jurisdiction in Illinois?
• Under 1391(b)(2), a district is proper if a substantial part of the events occurred there. A contract dispute occurred mostly in District A; the parties reside in District B. Where is venue proper?
• France sues DeLesseps for faulty canal construction. DeLesseps does not implead Said. France recovers a judgment from DeLesseps and DeLesseps pays the damages. May he now sue Said for indemnification?
• Arrowmark sues Sentry for trademark infringement, alleging use of a logo identical to Arrowmark’s mark and sale in Arrowmark’s market area. The jury finds Arrowmark’s mark valid and that Sentry did not infringe in Arrowmark’s market. Sentry later begins selling products with the same logo in another state, and Arrowmark sues again. Sentry defends that the earlier verdict precludes this claim. What is the likely outcome?
• Quantus Software Company, based in Massachusetts, designs software and sells it throughout New England. It installs two systems in Vermont law offices and negotiates a separate contract with Tawney & Hughes's managing partner in Connecticut to build a system for their main office in Connecticut. A Vermont court hears Tawney & Hughes's breach-of-contract claim against Quantus for the Vermont installation. Vermont's long-arm statute authorizes suits that arise out of transacting any business in Vermont. The Vermont court will likely:
• In Mullane v. Central Hanover Bank & Trust Co., which statement about notice is correct?
• A Rule 34 request seeks all documents relating to the drafting, negotiation, or execution of a contract. Which description best captures the scope of discoverable documents?
• After an answer is served, what is true about amending a pleading?
• Admissibility of other acts in a civil case. Which statement is correct?
• Which item is protected by attorney-client privilege?
• In a diversity-based action with multiple plaintiffs, the amount in controversy is tested by:
• In a scenario where a town sues a contractor for breach of contract and later sues for negligence and refunds on unfinished work, and the jurisdiction allows broad joinder, what is the likely status of the second action?
• Before using Rule 18(a) to add an independent claim, what must occur?
• In a fraud case tried before a jury, after the verdict, the defendant moves for judgment notwithstanding the verdict on the ground that the plaintiff failed to prove reliance. The court should grant the motion if:
• A case involving federal copyright claims is within federal question jurisdiction.
• Under Rule 13, which statement correctly describes a crossclaim?
• Question 6: Mary Smith, a Massachusetts resident, travels to California, rents a car, and has an accident with an Exxon Mobil truck. Exxon sues Mary in a California state court. Will California have personal jurisdiction over Mary?
• St. Paul misery. Wanda sues Peroski in federal court in a diversity action for injuries from a construction accident. Wanda seeks $100,000. Peroski denies negligence. To determine whether the amount-in-controversy requirement is met, the court will
• Under Rule 14, a defendant may implead a subcontractor if the subcontractor may be liable to the defendant for all or part of the plaintiff's claim.
• After initial disclosures, a party discovers an itemization of expenses misfiled and not disclosed. When should this document be disclosed under Rule 26(a)(1) and 26(e)(1)?
• Under the primary rights approach to claim preclusion in a state court, a federal civil rights claim and a state-law assault and battery claim arising from the same conduct would likely be treated as:
• The phrase 'arises out of transacting business in the state' in a long-arm statute means that:
• True or False: The mutuality requirement in collateral estoppel means a party is bound by an earlier judgment only if it was a party to that earlier proceeding or in privity with a party to that proceeding.
• A U.S. citizen sues a Canadian corporation in federal court based on diversity. The Canadian corporation is incorporated in Canada and has its principal place of business in Canada. Is this diversity valid?
• Rule 12(f) permits striking from pleadings any immaterial, redundant, or scandalous matter. Which statement is true about when that may be used?
• If a party fails to object to the admissibility of evidence at trial and the issue is raised for the first time in a post-trial motion, what is the usual result?
• Which preclusion principle prevents relitigation of an issue actually litigated and necessarily decided in an earlier action?
• Under Rule 16, scheduling orders may be modified for good cause; this modification is allowed in the interests of justice.
• A party may obtain relief from a final judgment under Rule 60(b) on which grounds?
• Which statement best describes the rule about removal when a contract dispute presents a federal patent defense that does not appear in the plaintiff’s complaint?
• Under which circumstance does a Lanburn Act claim require filing in federal court?
• Onofrio lives in Oregon and works in Idaho. He sues Corcoran, an Idaho citizen, and Brainard Corporation, incorporated in California with its principal place of business in Idaho, in federal court in California for $200,000 against each defendant. Brainard has a large sales office employing 125 people in Oregon, and its president lives in Oregon. Is the court's jurisdiction proper?
• Aggravation of damages. Maurice sues O'Connell in federal court based on diversity, seeking $25,000 for libel and $65,000 for unrelated negligence. He also joins Parker as codefendant on the negligence claim, seeking $65,000 from Parker. Assume Maurice's claims do not involve a common undivided interest. Does Maurice meet the amount-in-controversy requirement against Parker and O'Connell?
• Which provision governs the principle that a defendant cannot remove a case to federal court based on diversity if a citizen of the forum state is a party?
• Which statement best describes the relationship between service of process and personal jurisdiction in federal court?
• In a federal diversity case, personal jurisdiction over a nonresident defendant is determined by the state's long-arm statute to satisfy due process.
• Which of the following is a proper ground for seeking a protective order under Rule 26(c)?
• Withers sues Rendoso in federal court for negligent indirect infliction of emotional distress, and Rendoso moves to dismiss under Rule 12(b)(6) and then seeks Rule 11 sanctions. The court will likely:
• Two years later, Poretto, a Utah resident, dies. She had an insurance contract with National Life Insurance Company, an Oregon company. In Utah court, suit proceeds. The court dismisses as unconstitutional. The most likely conclusion is that:
• Under Rule 26(b)(1), which item is within the scope of discovery if it is relevant to the case?
• Which statement best describes the primary policy behind excluding evidence of subsequent remedial measures to prove negligence under rules of evidence?
• Conway Corporation sues FunSoft in federal court for trademark infringement under §1338(a). If FunSoft challenges subject-matter jurisdiction by claiming it did not sell Voop in Illinois, the court should
• The 90-day period to serve pleadings can be extended by court order for good cause.
• Congress considers a bill to provide for diversity jurisdiction as long as at least one plaintiff is from a different state than one defendant. Which statement is correct?
• If a jury returns a verdict on two of three claims in favor of the plaintiff and against on the third, the court may:
• Which statement about the memo describing negotiations and its discoverability is correct?
• After proper impleader under Rule 14, may DeLesseps also add an independent claim against Said under Rule 18(a) in the same case?
• During a deposition, opposing counsel questions the mental impressions of the attorney who prepared the witness. The likely ruling is:
• Question 11: Neff, a resident of California, travels to Oregon where he is served with process in a dispute with Mitchell, a lawyer who performed work for Neff. Mitchell sues in Oregon. Under Burnham v. Superior Court, is Neff subject to personal jurisdiction in Oregon based on service while physically present in the state?
• Under Rule 19, if an indispensable party cannot be joined, the case should be dismissed.
• At the close of the plaintiff's evidence in a civil case, the defendant moves for judgment as a matter of law under Rule 50(a). Which statement best describes when the court should grant the motion?
• Westford, a Wisconsin citizen, is joined as a co-plaintiff in a federal diversity action. The court's supplemental jurisdiction over Westford's claim would be:
• The J. McIntyre decision is primarily about which issue?
• In a federal case, venue transfer under 28 U.S.C. 1404(a) is proper when:
• Under 28 U.S.C. §1367, when may a federal court exercise supplemental jurisdiction over state-law claims?
• Question 8: In a removal case with multiple defendants, one defendant did not join in the removal notice. Is the lack of consent waived by the removal?
• An amendment relates back to the original filing date if the amendment asserts a claim arising out of the same conduct and the defendant had notice.
• If a complaint presents a federal question, is removal to federal court generally available?
• Which statement describes the crime-fraud exception to attorney-client privilege?
• Under Rule 15(a)(1), a party may amend its pleading as of right in which circumstance?
• Question 5: Boyarin, VP of Illinois company Compu-Drive, learns Mercy Hospital in Virginia plans to contract with MediSoft, a Virginia company, to design software. Boyarin discloses MediSoft's shortcomings. MediSoft sues Boyarin in Virginia for interference with advantageous business relations. Boyarin moves to dismiss for lack of personal jurisdiction. The Virginia court will likely:
• In a patent infringement dispute, the court denies a summary judgment that the patent is invalid. After trial, the jury finds in favor of the non‑infringing party. Two years later, the patent owner sues again for a different use of the same switch. The defendant asserts res judicata. What is the likely outcome?
• Under Rule 8, a defendant may deny an allegation by stating lack of knowledge or information sufficient to form a belief as to the truth of the allegation.
• What is the rationale behind the difference between Rule 4 and Rule 5 in this context?
• A plaintiff requests pre-market testing records for a drug from an independent testing company that works with the defendant. The defendant should object because:
• Which of the following is a proper ground for relief from a final judgment under Rule 60(b)?
• Under the impleader scenario, service on Daniel by mailing a copy to him at his home is ...
• In a case where a long-arm statute authorizes suit for torts but not contract claims, and a directed verdict is entered for the defendant on the contract claim, the plaintiff sues again for the same injuries. Which claim is barred by res judicata?
• Under Rule 11 sanctions, the following scenario would result in sanctions against both parties: Smithers and Garcia engaged in misrepresentations that later proved false. Which statement is correct?
• Question 14: A nonresident manufacturer has continuous and substantial contacts with Forum State Z. The claim arises from a contract unrelated to those contacts. The appropriate basis of jurisdiction is:
• Question 9: Tyrgyz sues Dr. Boch and Dr. Ivens in New Jersey state court. Boch files a notice of removal; Ivens answers; Boch removes. Two months later, Ivens moves to remand on the ground that he did not consent to removal. The motion should be:
• In a federal case in which the plaintiff sues under the federal Age Discrimination in Employment Act and asserts a pendent state-law contract claim arising from the same events, which law governs the contract claim for purposes of the federal court's decision?
• Which statement best describes the protection afforded by work product in civil litigation?
• To obtain the other party’s work product, a party must show substantial need and inability to obtain the information by other means. This principle reflects which Rule?
• An amendment adding a new contract claim arising from the same conduct as the original suit will relate back under Rule 15(c)(1)(B) if the new claim:
• Which statement about compulsory counterclaims under Rule 13 is true?
• What is the preferred form of producing electronically stored information under Rule 34?
• Question 3: A California resident sues an Oregon defendant for a fee claim arising from services performed in Oregon. The case is filed in an Oregon state court. Does Oregon have personal jurisdiction over the nonresident defendant based on minimum contacts in Oregon?
• Which statement about waiver of Rule 12 defenses is true?
• In a federal diversity case, Defendant A asserts a crossclaim against Defendant B for contribution arising from the same conduct. Does the court have supplemental jurisdiction over the crossclaim under 28 U.S.C. §1367(a)?
• After the J. McIntyre decision, the Maryland court would probably find personal jurisdiction over a Georgia manufacturer who sells 500 presses to a Pennsylvania distributor that resells into Maryland, where an injury occurred in Maryland, because:
• Which law governs service of process in a federal diversity case?
• Which statement best reflects the pleading standard after Twombly and Iqbal?
• A federal judge may predict how a state would decide a substantive issue that the state has not yet decided, and apply that predicted decision to the case.
• Which statement best describes complete diversity for removal?
• Does the involvement of a non-attorney consultant in preparing a legal memorandum affect the attorney-client privilege?
• Removal to federal court may be appropriate when which of the following conditions exists?
• A plaintiff sues for negligence and the jury returns a general verdict for the defendant. In a subsequent action arising from the same incident, can the plaintiff use collateral estoppel to preclude re‑litigation of the negligence issues?
• Conductrol later sues Granite State separately for damages after a related incident where Regal Property Management and Conductrol shared an interest in proving negligence. The second action will be:
• Congressperson Smith introduces a bill that would provide for diversity jurisdiction 'so long as at least one plaintiff in the case is a citizen of a different state from one defendant.' Which statement is correct?
• Davies v. Holland Corporation dealt with service on an out-of-state defendant by mail. In that case, service was proper under which rule combination?
• Service by mail or publication is often used in lieu of in-hand service when:
• In the camel claim example, the claim against the subcontractor for camels is not a proper impleader claim.
• A Utah resident beneficiary sues United Assurance, a Georgia insurer, in Utah state court on a life-insurance contract. Utah authorizes jurisdiction over suits by Utah residents on contracts if the resident is the insured or a beneficiary. The court's best view is that:
• Which discovery request is least likely to be ordered by a court?
• For removal based on diversity, there must be complete diversity between plaintiffs and defendants.
• If a contract is not enforceable under the Statute of Frauds, may a plaintiff recover in quantum meruit for the value of the benefit conferred?
• In a case where DeLesseps is sued by France and impleads Said for indemnification, Said moves to dismiss the third-party claim arguing that the indemnity claim has not accrued yet. What should the court do?
• A manufacturer that distributes through several states and a distributor in a forum state gives a price rebate for presses resold into that state. Which scenario is most likely to support personal jurisdiction in that forum state?
• Which factor is typically considered when a federal court decides to transfer a case for convenience under 28 U.S.C. § 1404(a)?
• A court may transfer a case to another federal district court for convenience and in the interest of justice. Which option describes this rule?
• In a case where a plaintiff asserts a state-law breach of contract claim and the defendant’s defense raises a federal question that is not on the face of the complaint, what is the standard for removal?
• By the numbers. A diversity case cannot be heard in federal court unless the amount in controversy is at least
• In the context of federal jurisdiction, which scenario best demonstrates why a case would not be removable despite a federal issue appearing in the defense or counterclaim?
• In a product liability action alleging strict liability and negligence, the defendant raises a comparative negligence defense. How are damages affected if fault is allocated?
• After a trial, the court grants a Rule 59 new trial due to improperly excluded evidence. If an appellate court later determines the excluded evidence was inadmissible, what remedy will it typically order?
• In Davies, why was personal jurisdiction not proper?
• A plaintiff sues in state court for breach of contract and, after filing, a federal securities statute preempts part of the claim. The defendant seeks removal. Which statement is most accurate?
• During discovery, a defense attorney drafts an affidavit for a witness to sign to support a motion. Must this affidavit be disclosed under Rule 26(a)(1)?
• Under Rule 14(a)(1), what is required for a defendant to implead a third-party defendant?
• Marla moved from Montana to Colorado to attend a two-year beauty program and signed a six-month lease in Denver. She plans to stay if she likes it, or return to Montana if she doesn't. Where is her domicile for purposes of federal court analysis?
• In Williams v. Smith, the plaintiff sues for excessive force and the complaint misidentifies the arresting officer. The complaint is amended later to correct the officer’s identity. Under Rule 15(c)(1)(B), the correct answer is:
• In a bench trial, after the plaintiff has presented its case, the defendant moves for judgment as a matter of law. Which statement is true?
• Relation back of amendments to add new parties under Rule 15(c) requires notice to the new party and same conduct.
• In removal based on diversity, must all defendants join in the removal?
• A plaintiff sues two defendants for separate torts, seeking $60,000 from Defendant A and $90,000 from Defendant B, in a diversity action. There is no common undivided interest between the claims. For purposes of the amount in controversy, which defendant(s) is/are within federal jurisdiction?
• In which of the following cases would the federal court lack diversity jurisdiction? Assume the suit is for more than $75,000.
• Herrick sues Marlowe for injuries in Massachusetts. Herrick serves copies of the summons and complaint by delivering them to Daniel, Marlowe’s shop manager, in the shop. Is service proper?
• Under Rule 26(a)(2)(B), when must an expert report be produced?
• For diversity jurisdiction, a corporation is a citizen of which states?
• In a federal trademark case under §1338(a), if the defendant challenges jurisdiction by arguing no sale occurred in the forum, the court should
• Question 7: A breach-of-contract action is amended to add a federal Age Discrimination in Employment Act claim. The defendant removes to federal court. The action is:
• A student moves to Idaho for college and signs a one-year lease, opens a bank account, takes a college job, and plans to return to Pennsylvania after completing the degree. If she sues a Pennsylvania doctor in Idaho federal court, what is her domicile for diversity purposes?
• Amount in controversy for diversity jurisdiction must exceed which amount?
• Browning, Blake, and Wordsworth are involved in a three-car collision. Browning, a New Yorker, sues Blake and Wordsworth, both from Ohio, for $80,000 for her personal injuries. Blake asserts a crossclaim against Wordsworth for his own injuries arising from the collision. Does the court have jurisdiction over the crossclaim?
• A federal court may exercise supplemental jurisdiction over state-law claims that are part of the same case or controversy as a federal question claim.
• In a nonjury trial, after the plaintiff has presented evidence, the defendant moves for entry of judgment on the ground that the plaintiff has not proven a legally sufficient evidentiary basis for a verdict on the issue. The court should grant if:
• A drug manufacturer sues in Texas federal court for injuries from a drug sold in Texas. The manufacturer moves to dismiss under Rule 12(b)(2) for lack of personal jurisdiction. The Texas court had dismissed for lack of personal jurisdiction because the drug was sold by a distributor, not by the defendant. The plaintiff then sues in Delaware for the same injuries. The second action will:
• In a case where Wordsworth asserts a claim against Browning as a third-party defendant, and Browning later asserts a claim against Wordsworth for property damage, will the court have supplemental jurisdiction over Browning’s subsequent claim?
• Rule 11 safe harbor requires that a proposed sanctions motion be served on the opposing party with a 21-day period to withdraw or correct. Which option states this correctly?
• In a malpractice action, the patient alleges the surgeon appeared to be an employee of the hospital. Under apparent authority theory, when is the hospital liable for the surgeon's acts?
• Under Rule 14, after filing a third-party complaint, the third-party defendant must be served with which documents?
• Under Rule 14, can a defendant gain a conditional judgment against a third-party indemnitor when the main claim and indemnity claim are resolved in the defendant’s favor and the indemnitor’s payment is contingent on the defendant paying the main judgment?
• Carnahan, a New Hampshire resident, sues Perkins, a Missouri resident, for injuries from a New York accident. Which scenario is most likely to satisfy both notice and personal jurisdiction under current standards?
• Which statement best describes the concept of 'telescoping' claims under Rule 14(a)(5)?