Civil Procedure Video Assessments
Regarding injunctions, which of the following is FALSE? A. A mandatory injunction prohibits a defendant from doing something. B. A preliminary injunction can be issued prior to a full hearing on the merits, but it requires notice to the defendant and a hearing on whether it should be granted. C. A temporary restraining order is used to preserve the status quo until the court can make a decision on a preliminary injunction. D. If a temporary restraining order is issued without notice, the other party can make a motion to dissolve the order.
A. A mandatory injunction prohibits a defendant from doing something.
A federal court does NOT have supplemental jurisdiction over which of the following claims in a diversity action? A. A permissive counterclaim in which the amount in controversy does not exceed $75,000 B. A cross-claim that arises out of the same transaction or occurrence as the main claim C. A compulsory counterclaim D. Joined claims by diverse plaintiffs who have claims against the defendant sharing a common nucleus of operative fact
A. A permissive counterclaim in which the amount in controversy does not exceed $75,000
FILL IN THE BLANKS. A ____________ is a claim asserted against a co-party and is never ____________. A. counter-claim; permissive B. cross-claim; compulsory C. cross-claim; permissive D. counter-claim; compulsory
B. cross-claim; compulsory
Which of the following statements regarding diversity jurisdiction is FALSE? A. A person can have more than one legal domicile at a time for purposes of jurisdiction. B. A citizen of a foreign county who has been admitted to the U.S. as a permanent resident is treated as a citizen of their state of domicile. C. Diversity jurisdiction exists for controversies between a citizen of a state and a citizen of a foreign country. D. A corporation can be a citizen of the state, states, or foreign country in which it is incorporated.
A. A person can have more than one legal domicile at a time for purposes of jurisdiction.
Which of the following CANNOT be waived by the defendant? A. Lack of subject matter jurisdiction B. Improper venue C. Failure to state a claim upon which relief can be granted D. Lack of personal jurisdiction
A. Lack of subject matter jurisdiction
Which of the following is NOT a type of pleading? A. Motion to Dismiss B. Complaint C. Answer D. Reply
A. Motion to Dismiss
Which of the following is NOT correct? An amendment relates back to the date of the original filing IF it concerns the same: A. Parties B. Conduct C. Transaction D. Occurrence
A. Parties
Under the Erie Doctrine, which of the following is NOT an example of state substantive law? A. State discovery deadlines B. State rules allocating burdens of proof on state claims C. State rules governing choice of law D. Statutes of limitations for state claims
A. State discovery deadlines
Which of the following is NOT a prerequisite for bringing a class action? A. The amount in controversy is at least $100,000. B. The members of the class must be so numerous that joinder is impracticable. C. There must be a question of fact or law that is common to the class. D. The claims or defenses of the class representatives must be typical of the class.
A. The amount in controversy is at least $100,000.
Regarding the jurisdictional amount for actions based on diversity jurisdiction, which of the following is FALSE? A. The plaintiff must establish the jurisdictional amount to a legal certainty. B. The amount in controversy must exceed $75,000, excluding interest and costs. C. A plaintiff may aggregate all claims against one defendant in determining whether the jurisdictional amount is met. D. A plaintiff generally may not aggregate all claims against multiple defendants in determining whether the jurisdictional amount is met.
A. The plaintiff must establish the jurisdictional amount to a legal certainty.
Regarding complaints, which of the following is FALSE? A. The plaintiff's recovery is generally limited to the claim for relief made in the complaint. B. A complaint must include a demand for judgment for the relief sought. C. A complaint must include a short and plain statement of the court's subject matter jurisdiction. D. The federal rules require only notice pleading in most cases.
A. The plaintiff's recovery is generally limited to the claim for relief made in the complaint.
FILL IN THE BLANKS. Information is discoverable even if it is not _________. Information that is _________ is not subject to discovery. A. admissible as evidence at a trial; privileged B. admissible as evidence at a trial; hearsay C. relevant; privileged D. relevant; hearsay
A. admissible as evidence at a trial; privileged
FILL IN THE BLANKS. Removal is the procedure by which a case brought in ________________ court is shifted to ___________________ court. A. state; federal B. state; another state C. federal; state D. federal; another federal court
A. state; federal
Regarding issue preclusion, which of the following is TRUE? A. The facts relevant to the particular issue and the applicable law need not be identical in order for issue preclusion to apply. B. A default judgment cannot have an issue preclusion effect. C. Both the party seeking issue preclusion and the party against whom the issue is to be precluded must have been parties to the original action or successors in interests to those parties. D. Issue preclusion applies only when the second suit involves the same claim or cause of action.
B. A default judgment cannot have an issue preclusion effect.
Which of the following is FALSE regarding federal question jurisdiction? A. Federal question jurisdiction exists only for claims that arise under federal law. B. A defendant's counterclaim can bring a case within the court's federal question jurisdiction. C. Only the plaintiff's claim counts toward determining federal question jurisdiction. D. The well-pleaded complaint rule requires that the plaintiff's claim be based on federal law and appear on the face of the complaint.
B. A defendant's counterclaim can bring a case within the court's federal question jurisdiction.
Regarding permissive joinder of parties, which of the following is TRUE? A. Permissive joinder of parties is limited to joining plaintiffs. B. A plaintiff may join if the claim arises out of the same transaction or occurrence and there is a common question of law or fact. C. A party can be joined under Rule 20 even if her presence would destroy diversity. D. A party cannot be joined if his claim does not meet the jurisdictional amount.
B. A plaintiff may join if the claim arises out of the same transaction or occurrence and there is a common question of law or fact.
Regarding the appealability of an interlocutory order, which of the following is FALSE? A. An order granting or denying an injunction is immediately appealable. B. An appellate court must hear the case if the trial court certifies it involves a controlling question of law. C. An order that changes or affects possession of property is immediately appealable. D. Both the trial and appellate courts must agree to allow the appeal of most interlocutory orders.
B. An appellate court must hear the case if the trial court certifies it involves a controlling question of law.
Regarding in rem jurisdiction, which of the following is FALSE? A. When a court has in rem jurisdiction, it can adjudicate the rights of all parties to the property that is the subject of the action. B. An in rem suit is brought against a person. C. In rem jurisdiction exists over real property located in the forum state. D. In rem jurisdiction exists over personal property located in the forum state.
B. An in rem suit is brought against a person.
Which of the following may NOT be used to support a motion for summary judgment? A. A deposition B. An unsworn pleading C. Answers to interrogatories D. An affidavit
B. An unsworn pleading
Which of the following statements regarding supplemental jurisdiction is FALSE? A. Supplemental jurisdiction works for federal question cases if the additional claims are related. B. Compulsory counterclaims will generally not get in under supplemental jurisdiction. C. Supplemental jurisdiction in diversity cases does not ever allow you to join a non-diverse parties. D. Cross-claims that arise out of the same nucleus of operative facts asserted by a defendant will generally qualify for supplemental jurisdiction.
B. Compulsory counterclaims will generally not get in under supplemental jurisdiction.
Which of the following statements is FALSE regarding compulsory joinder? A. A necessary party may be served within 100 miles from where the summons was issued, even if the service is outside of the state and beyond its long-arm statute jurisdiction. B. In a case based exclusively on diversity jurisdiction, a necessary party may be joined even if joinder of that party would destroy complete diversity. C. A necessary party is a person whose participation in the lawsuit is necessary for a just adjudication. D. When the court dismisses an action because of the inability to join a necessary party, the party is said to be "indispensable."
B. In a case based exclusively on diversity jurisdiction, a necessary party may be joined even if joinder of that party would destroy complete diversity.
Regarding quasi in rem jurisdiction, which of the following is FALSE? A. Historically, quasi in rem actions were used to reach a party's assets. B. In determining whether a court has quasi-in-rem jurisdiction, the court uses a test that is stricter than the minimum contacts test. C. The subject matter of the suit may or may not be related to the property. D. The suit may be brought to adjudicate the claim to property of a particular defendant.
B. In determining whether a court has quasi-in-rem jurisdiction, the court uses a test that is stricter than the minimum contacts test.
Regarding interrogatories, which of the following is TRUE? A. Interrogatories may be served on any person with relevant information about the case. B. Interrogatories may be answered by supplying the records from which the answers can be ascertained when the burden of finding the information is substantially the same for either party. C. Responses to interrogatories must be served within 45 days. D. A party may serve only 30 interrogatories, unless the court allows more.
B. Interrogatories may be answered by supplying the records from which the answers can be ascertained when the burden of finding the information is substantially the same for either party.
Which of the following claims must be supported by an independent jurisdictional basis? A. Compulsory counterclaim B. Permissive counterclaim C. Cross-claims D. Impleader by the defendant
B. Permissive counterclaim
Which of the following is NOT a factor considered by federal courts when determining applicable state law? A. Persuasive decisions by the lower state courts of the state B. Persuasive decisions by the state's federal circuit court C. Rulings from the highest state court D. Predictions on how the highest state court would rule on new issues
B. Persuasive decisions by the state's federal circuit court
Regarding waiver of service, which of the following is FALSE? A. Defendants have a duty to avoid unnecessary expenses of serving the summons by waiving service. B. Plaintiffs cannot notify defendants by first class mail that an action has commenced and request that the defendant waive service of process. C. A defendant that waives service has 60 days to answer the complaint. D. A domestic defendant has 30 days to respond to a plaintiff's request for waiver of service.
B. Plaintiffs cannot notify defendants by first class mail that an action has commenced and request that the defendant waive service of process.
Regarding intervention, which of the following is TRUE? A. Permissive intervention may be allowed by the court only when there is a common question of both law and fact between the intervenor's claim and the primary claim. B. Supplemental jurisdiction is not permitted for either type of intervention when jurisdiction is based on diversity. C. Intervention is typically sought by defendants. D. Intervenors in diversity cases must satisfy complete diversity but need not meet the amount-in-controversy requirements.
B. Supplemental jurisdiction is not permitted for either type of intervention when jurisdiction is based on diversity.
Regarding the use of depositions at trial, which of the following is TRUE? A. If the contents of a deposition are discoverable, they are also admissible at trial. B. The deposition of an adverse party is admissible as an admission of a party opponent. C. The deposition of a non-party witness may be used both as substantive evidence and to impeach the witness's credibility. D. The deposition of a witness who is dead or otherwise unavailable may not be used at trial.
B. The deposition of an adverse party is admissible as an admission of a party opponent.
Regarding the work product rule, which of the following is FALSE? A. The work product doctrine protects documents and things that are prepared in anticipation of litigation from discovery. B. The mental impressions of an attorney can be obtained upon a showing of sufficient need and inability to secure by other means. C. The work product doctrine creates a qualified immunity from discovery. D. The work product doctrine does not protect documents prepared before the cause of action arose.
B. The mental impressions of an attorney can be obtained upon a showing of sufficient need and inability to secure by other means.
In determining whether due process requirements have been met, which of the following is FALSE? A. There must be minimum contacts between the defendant and the forum state. B. The plaintiff's purposeful availment of the protection of the forum state's laws is important in ascertaining whether minimum contacts exist. C. A court's exercise of personal jurisdiction cannot offend traditional notions of fair play and substantial justice. D. Contacts between the forum and the plaintiff are not independently sufficient to satisfy due process.
B. The plaintiff's purposeful availment of the protection of the forum state's laws is important in ascertaining whether minimum contacts exist.
FILL IN THE BLANKS. In a federal action, a defendant must object to improper venue in ______________, if filed, or __________________ in order to avoid waiving the objection. A. a counterclaim; the first responsive pleading B. a pre-answer motion to dismiss; the first responsive pleading C. a counterclaim; a discovery request D. a pre-answer motion to dismiss; a discovery request
B. a pre-answer motion to dismiss; the first responsive pleading
FILL IN THE BLANKS. An amendment to a pleading may be made _________ as a matter of right. When leave of the court must be sought, leave should be _________ granted. A. once; sparingly B. once; freely C. at any time before trial; sparingly D. at any time before trial; freely
B. once; freely
FILL IN THE BLANKS. Every state has a long-arm statute which allows _______________________ over out-of-state defendants for ____________________________ involving that state. A. specific in personam jurisdiction; any case or controversy B. specific in personam jurisdiction; particular transactions C. general in personam jurisdiction; particular transactions D. general in personam jurisdiction; any case or controversy
B. specific in personam jurisdiction; particular transactions
Regarding discovery of expert reports, which of the following is TRUE? A. Courts make no distinction between experts who testify and those who do not. B. The other side can sometimes discover the report of a testifying expert. C. A party can discover the amount of compensation given to the expert, and the underlying facts, data, and assumptions provided to the expert by the lawyer. D. Even if an expert is going to testify, the other side doesn't need the expert's report to prepare for cross examination.
C. A party can discover the amount of compensation given to the expert, and the underlying facts, data, and assumptions provided to the expert by the lawyer.
All of the following form a common basis for specific personal jurisdiction EXCEPT: A. Any claim regarding local property B. Any contract for insurance where the plaintiff was a resident of the state when the claim arose C. An act or omission outside the state causing injury to a person or property here or elsewhere D. A claim arising out of a contract to perform services in the state or to pay someone in the state to perform services elsewhere, or out of the actual performance of such services
C. An act or omission outside the state causing injury to a person or property here or elsewhere
Regarding oral depositions, which of the following is FALSE? A. The deposition is given under oath. B. The deposition is generally limited to one seven-hour day. C. Any person sought to be deposed must be subpoenaed in order to compel attendance. D. An entity selects the individual who will respond at the deposition on the entity's behalf.
C. Any person sought to be deposed must be subpoenaed in order to compel attendance.
FILL IN THE BLANKS. To qualify for supplemental jurisdiction, a __________ must be related to a claim over which the court has subject-matter jurisdiction; and must not be asserted by a __________against a person made party under Rules 14, 19, 20, or 24. A. Cross-claim; defendant B. Counterclaim; plaintiff C. Cross-claim; plaintiff D. Counterclaim; defendant
C. Cross-claim; plaintiff
Which of the following statements regarding diversity jurisdiction is FALSE? A. Claims brought under the Federal Interpleader Act only require minimal diversity. B. A corporation is a citizen of each state in which it is incorporated and of the state where it has its principal place of business. C. Diversity is determined at the time the cause of action arose. D. Actions that may destroy diversity are permitted so long as they are not a "sham."
C. Diversity is determined at the time the cause of action arose.
Regarding the Full Faith and Credit Clause, which of the following is FALSE? A. A party who obtains a judgment in one state may petition the court in another state to enforce the judgment. B. In order for the judgment to be entitled to full faith and credit, the court that rendered the judgment must have had proper subject-matter jurisdiction. C. Federal courts are not required to give full faith and credit to state-court judgments. D. In order for the judgment to be entitled to full faith and credit, the court that rendered the judgment must have had proper personal jurisdiction.
C. Federal courts are not required to give full faith and credit to state-court judgments.
Under the Erie Doctrine, a federal district court generally must apply which law in a diversity action? A. Federal procedural and federal substantive law B. State procedural and state substantive law C. Federal procedural and state substantive law D. State procedural and federal substantive law
C. Federal procedural and state substantive law
Regarding the citizenship of representative parties, which of the following is FALSE? A. Generally, the citizenship of the representative controls. B. The citizenship of the decedent controls for litigation involving a decedent's estate. C. For the legal representative (guardian) for a minor/infant, the citizenship of the guardian controls. D. For the legal representative (guardian) for an incompetent person, the citizenship of the incompetent person controls.
C. For the legal representative (guardian) for a minor/infant, the citizenship of the guardian controls.
Which of the following statements regarding removal is FALSE? A. All defendants must consent to removal within 30 days of service B. Removal based on federal question jurisdiction still depends on the well-pleaded complaint rule (i.e., that the federal question appears on the face of the well-pleaded complaint) C. If the plaintiff's case is based only on state law, the defendant can still remove the case to federal court on the bases of federal question jurisdiction D. Defendants must remove a case within one-year of the commencement of the action unless the plaintiff acted in bad faith
C. If the plaintiff's case is based only on state law, the defendant can still remove the case to federal court on the bases of federal question jurisdiction
Which of the following is NOT a basis for exercising general in personam jurisdiction over a defendant? A. Consent B. Domicile C. Long-arm statute D. Physical presence
C. Long-arm statute
Which of the following claims or demands do NOT require special pleading with particularity? A. Special damages B. Fraud C. Nominal damages D. Mistake
C. Nominal damages
Regarding a jury trial, which of the following is FALSE? A. There is no right to a trial by jury when the remedy sought is an injunction. B. When a case has overlapping legal and equitable issues, the legal issues are tried first. C. Peremptory challenges may be exercised to excuse prospective jurors on the basis of gender, but not race. D. A demand for a jury trial must be made no later than 14 days after service of the last pleading directed to the issue.
C. Peremptory challenges may be exercised to excuse prospective jurors on the basis of gender, but not race.
Regarding impleader, which of the following is FALSE? A. A defendant may implead someone who is or may be liable to the defendant for all or part of the plaintiff's claim against the defendant. B. A person may not be impleaded without personal jurisdiction over that person, but the bulge provision applies. C. Supplemental jurisdiction applies to claims against the third-party defendant by the plaintiff. D. Citizenship of the third-party defendant and the amount of the claim against the third-party defendant do not matter.
C. Supplemental jurisdiction applies to claims against the third-party defendant by the plaintiff.
Which of the following is NOT a requirement for claim preclusion to be applicable? A. There must have been a final judgment on the merits in the previous suit. B. The current suit must be between the same parties or their successors in interest as the previous suit. C. The claim must have been actually litigated in the previous suit. D. The second suit must involve the same claim or cause of action.
C. The claim must have been actually litigated in the previous suit.
Which of the following is NOT proper for determining venue in federal district court? A. The judicial district in which any defendant resides, if all defendants reside in the same state B. The judicial district where the claim arose C. The judicial district in which any plaintiff resides D. The judicial district in which any defendant is subject to personal jurisdiction, if defendants and events are divided among multiple states.
C. The judicial district in which any plaintiff resides
Regarding the right to a trial by jury, which of the following is FALSE? A. A demand for a jury trial may be made by either party. B. Specific jury instructions may be requested by either party. C. The parties will not have an opportunity to object to jury instructions proposed by the judge. D. A verdict rendered by a jury must be unanimous unless the parties have stipulated otherwise.
C. The parties will not have an opportunity to object to jury instructions proposed by the judge.
Which of the following is NOT an example of the same party or their successor in interest for purposes of claim preclusion? A. A member of a class in a class action suit B. The assignee of a claim C. The plaintiff's neighbor in a suit against the homeowner's association D. The executor of an estate
C. The plaintiff's neighbor in a suit against the homeowner's association
Regarding the standards for appellate review, which of the following is TRUE? A. The standard for setting aside judicial decisions regarding the law is "abuse of discretion." B. In reviewing a jury verdict, the verdict must be affirmed by the appellate court unless it is supported by substantial evidence. C. The standard for setting aside judicial findings of fact is "clearly erroneous." D. The appellate court must abide by the conclusions of the district court on legal issues.
C. The standard for setting aside judicial findings of fact is "clearly erroneous."
Which of the following statements regarding personal jurisdiction is TRUE? A. A defendant may not waive personal jurisdiction. B. A defendant may generally assert a defect in personal jurisdiction at any time before trial. C. Unlike with subject matter jurisdiction, a defendant may consent to personal jurisdiction. D. Waiver of personal jurisdiction must be explicitly stated in a motion to the court.
C. Unlike with subject matter jurisdiction, a defendant may consent to personal jurisdiction.
FILL IN THE BLANKS. A _____________________ counterclaim __________________________ the opposing party's claim. A. permissive; must be brought in response to B. permissive; arises out of the same transaction or occurrence as C. compulsory; arises out of the same transaction or occurrence as D. compulsory; is unrelated to the
C. compulsory; arises out of the same transaction or occurrence as
FILL IN THE BLANKS. Regarding an interpleader action, the person holding the property is the ______________, and the person claiming the property is the ______________. A. claimant; stakeholder B. claimant; defendant C. stakeholder; claimant D. stakeholder; plaintiff
C. stakeholder; claimant
Which of the following statements regarding counterclaims is TRUE? A. A party that fails to assert a compulsory counterclaim can usually bring the claim in a subsequent action. B. Permissive counterclaims fall within the supplemental jurisdiction of the court. C. A counterclaim is a claim for relief made against a co-party after an original claim has been made. D. A compulsory counterclaim is a claim that arises out of the same transaction or occurrence as the opposing party's claim.
D. A compulsory counterclaim is a claim that arises out of the same transaction or occurrence as the opposing party's claim.
In granting a motion for judgment as a matter of law, which of the following is NOT a requirement? A. The evidence must be viewed in the light most favorable to the opposing party. B. The evidence cannot support a contrary verdict. C. If an issue turns on the credibility of a witness, then the issue is for the jury to decide, and the motion cannot be granted. D. A motion for summary judgment must have been made before the trial began.
D. A motion for summary judgment must have been made before the trial began.
Regarding a physical or mental examination, which of the following is FALSE? A. A mental examination is permitted only of a party. B. The physical or mental condition of the party must be in controversy. C. An examination is only permitted upon good cause shown. D. A physical examination can be ordered against a non-party.
D. A physical examination can be ordered against a non-party.
Regarding an answer, which of the following is TRUE? A. An answer generally must be filed within one week of service of the complaint. B. A failure to respond to an allegation in the complaint is treated as a denial. C. A counterclaim must be separately pleaded; it cannot be contained in the answer. D. Affirmative defenses must be pleaded in the answer.
D. Affirmative defenses must be pleaded in the answer.
Which of the following individuals CANNOT receive service for a corporation to be properly served? A. An officer B. A managing agent C. An authorized agent D. Any employee
D. Any employee
In diversity cases, for which of the following claims is supplemental jurisdiction NOT precluded? A. Claims by existing plaintiffs against additional persons joined as necessary parties under Rule 19 B. Claims by plaintiffs joined under Rule 19 C. Claims by existing plaintiffs against impleaded third-party defendants under Rule 14 D. Compulsory counterclaims by a defendant against a plaintiff
D. Compulsory counterclaims by a defendant against a plaintiff
Which of the following is NOT a final judgment on the merits? A. A default judgment B. A summary judgment C. Voluntary dismissal with prejudice D. Dismissal for lack of personal jurisdiction
D. Dismissal for lack of personal jurisdiction
Which of the following statements regarding removal is FALSE? A. Removal is proper only if the case could have originally been brought by the plaintiff in federal court. B. Removal based on diversity jurisdiction is proper only if the case was originally brought in a state of which no defendant is a citizen. C. Only a defendant can remove a case. D. Federal courts cannot abstain from hearing a properly removed case.
D. Federal courts cannot abstain from hearing a properly removed case.
Which of the following statements regarding supplemental jurisdiction is FALSE? A. Supplemental jurisdiction allows a federal court to hear a claim over which it otherwise would not have jurisdiction B. Supplemental jurisdiction applies only when the court already has jurisdiction over another claim C. The key test for determining the existence of supplemental jurisdiction is the common nucleus of operative fact test D. If the requirements for supplemental jurisdiction are met, the federal court is required to exercise jurisdiction over the claim
D. If the requirements for supplemental jurisdiction are met, the federal court is required to exercise jurisdiction over the claim
Which of the following is FALSE regarding an attorney's responsibility with respect to documents such as pleadings filed with the court? A. An attorney must sign the documents. B. By signing, the attorney certifies that, among other things, the document is not being presented for an improper purpose. C. An attorney may be sanctioned for a false certification. D. Most pleadings and motions need not be certified.
D. Most pleadings and motions need not be certified.
For complete diversity to exist, which of the following must be TRUE? A. All parties are citizens of different states B. All plaintiffs are citizens of different states C. All defendants are citizens of different states D. No defendant is a citizen of the same state as any plaintiff
D. No defendant is a citizen of the same state as any plaintiff
Which of the following is NOT subject to mandatory disclosure in a case about a car accident? A. The names and addresses of persons with discoverable information about the accident B. Any applicable insurance agreements C. The identities of expert witnesses and information about them, including their qualifications, publications, and compensation D. Notes made by the attorney after interviewing witnesses to the accident
D. Notes made by the attorney after interviewing witnesses to the accident
Which of the following methods for service of process is NOT legally sufficient for service on a defendant within the United States? A. Personal delivery B. Leaving the summons and complaint at the defendant's dwelling with a person of suitable age and discretion C. Delivery to an appointed agent D. Service by registered mail, unless permitted by state law
D. Service by registered mail, unless permitted by state law
Which of the following is NOT one of the situations in which a federal court can assert broader personal jurisdiction than that allowed by the state long-arm statute? A. Nationwide service of process under the Federal Interpleader Act B. The unusual situation in which the defendant is not subject to personal jurisdiction in any state court C. Service within 100 miles of the federal courthouse when joining a necessary party under Rule 19 D. Service within 150 miles of the federal courthouse when impleading a third-party defendant under Rule 14
D. Service within 150 miles of the federal courthouse when impleading a third-party defendant under Rule 14
Regarding statutory interpleader under the Federal Interpleader Act, which of the following is FALSE? A. In order to satisfy the jurisdictional amount, the claim must be $500 or more. B. The Act authorizes nationwide service of process. C. Venue is proper in any district where any claimant resides. D. Statutory interpleader requires complete diversity.
D. Statutory interpleader requires complete diversity.
In which of the following circumstances is an involuntary dismissal with prejudice? A. The action is dismissed for failure to join a necessary party B. The action is dismissed for lack of jurisdiction C. The action is dismissed for improper venue D. The action is dismissed for plaintiff's failure to prosecute
D. The action is dismissed for plaintiff's failure to prosecute
Which of the following is LEAST likely to be proper grounds to grant a new trial? A. Newly discovered evidence that existed at the time of trial has emerged B. Prejudicial misconduct by a lawyer, party, judge, or juror C. The verdict is against the great weight of the evidence D. The amount of damages is much higher than asked for in the complaint
D. The amount of damages is much higher than asked for in the complaint
Which of the following statements regarding the subject matter jurisdiction of federal courts is FALSE? A. Federal courts have limited subject matter jurisdiction. B. The plaintiff must affirmatively plead the basis for the federal court's subject matter jurisdiction. C. Any party can challenge the court's lack of subject matter jurisdiction at any time. D. The defendant can waive the federal court's lack of subject matter jurisdiction.
D. The defendant can waive the federal court's lack of subject matter jurisdiction.
In which of the following circumstances is general in personam jurisdiction LEAST likely to exist? A. The individual defendant is physically present in the state when served. B. The defendant corporation is incorporated in another state but has its principal place of business in the forum state. C. The defendant corporation is incorporated in the forum state. D. The defendant corporation entered a contract to ship goods to the forum state.
D. The defendant corporation entered a contract to ship goods to the forum state.
Which of the following is NOT a requirement for issue preclusion to be applicable? A. The same issue of fact must arise in the two suits. B. The issue must have been actually and necessarily decided in the previous suit. C. The determination of the issue must have been essential to the prior judgment. D. The second suit must involve the same claim or cause of action.
D. The second suit must involve the same claim or cause of action.
FILL IN THE BLANKS. When deciding a motion to dismiss for failure to state a claim, the court engages in a two-step inquiry: (1) identify allegations that are ____________________, and (2) ask whether remaining allegations make a ______________________ case for recovery. A. plausible; conclusory B. conclusory; persuasive C. supported by evidence; persuasive D. conclusory; plausible
D. conclusory; plausible
FILL IN THE BLANKS. A motion for JMOL made at the close of all the evidence and ________________ by the court may be renewed within _____ days of the jury's returning a verdict. A. granted; 28 B. denied; 21 C. granted; 21 D. denied; 28
D. denied; 28
FILL IN THE BLANKS. A summary judgment motion is granted when there is no genuine dispute of ________________________ and the moving party is entitled to judgment _______________________. A. substantive law; notwithstanding the verdict B. substantive law; as a matter of law C. material fact; notwithstanding the verdict D. material fact; as a matter of law
D. material fact; as a matter of law
