Civil Procedure Midterm

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Assume that D enters onto P's property, damages it, and takes away fish from P's pond on the property. Which one of the following forms of action would P use to recover damages for these wrongs in a single action at common law? a. Trespass b. Trespass on the Case c. Conversion d. Detinue

Assume that D, a citizen of Iowa, trespasses on P's land located in Minnesota. P, the owner of the land, is a citizen of Wisconsin. Assume that P wants to commence a diversity action in federal court against D for damages and the amount-in-controversy requirement is satisfied. Under the FEDERAL venue statutes, where is venue proper? a. The District of Iowa where D resides. b. The District of Minnesota where the trespass occurred. c. The District of Wisconsin where P resides. d. Answers A and B are the locations where venue would be proper.

A, B, & D

An appeal at the outset of the lawsuit raising the issue of whether a preliminary injunction has been properly issued by the trial court is an example of what? a. A partial appeal b. A preliminary appeal c. An interlocutory appeal d. An extraordinary appeal

Modern equivalent of traverse

denial

Modern equivalent of general demurrer

motion to dismiss for failure to state a claim

Modern equivalent of dilatory plea

motion to dismiss for improper venue

Having just heard your client's story, if you were a lawyer, would you agree to handle this case (Waddell)? a. Yes, this would be easy money even though the clients are likely to lose the case; it would be also great to get the school district as a client. b. Yes, although this case would be a challenge, but it has "better" facts than Waddell, which is distinguishable, there is a "better" plaintiff if the school district is the plaintiff, and there is a reasonable chance that the clients could win.. c. No, a lawyer is bound not to bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.; here, precedent is clearly against the potential plaintiffs. d. No, the only reasonable recourse is to tell the client that there is legal precedent against the client's position; the clients should move on and worry about more important things.

Put the following events in chronological order: a. Development of the Forms of Action b. Development of Equity c. Merger of Law and Equity in England d. Merger of Law and Equity and Creation of One Form of Action Known as the Civil Action in the United States

1. A 2. B 3. D 4. C

- D-1 admitted using the cabin on the land and to catching fish in the pond on P's property without permission. D-1 punched P and broke P's nose. D-1 won a large prize in a local contest for one of the fish D-1 caught. - D-1 took P to the emergency room in D-1's pickup truck. En route, D-1's truck collided with D-2. Either D-1 and D-2, or both, may have been driving too fast for the conditions. On the facts of Problem 1-1, assume that P's suit against D-1 and D-2 does not meet the requirements for federal subject-matter jurisdiction. What option or options does P have? a. P could only sue D-1 and D-2 in some state court, such as a Minnesota state court. b. P could try to sue in federal court and see if D-1 and D-2 objected. If D-1 and D-2 failed to object, then they waived their objection to federal jurisdiction and the suit could continue. c. P could sue in federal court if D-1 and D-2 consented to suit there. d. Answers B and C are both correct.

Assume that P raises greyhound dogs and that D stole several dogs from P's kennel on P's land. D entered one of the greyhounds in a race and won $25,000. P wants to bring a common-law action against D to recover the prize money. P's theory is that no person should be allowed to profit at another's expense without making restitution for the reasonable value of any property, services, or other benefits that have been unfairly received and retained. What form of action should P use to do so? a. General assumpsit b. Special assumpsit c. Trover d. Ejectment

Assume that P raises greyhound dogs and that D stole several dogs from P's kennel on P's land. The fair market value of the stolen dogs was $1000. However, because D forged papers showing the dogs had a superior pedigree than they really had, D was able to sell them to an unsuspecting buyer for $10,000. P wants to bring a common-law action against D to recover the proceeds of the sale. Which one of the following forms of action should P use to do so? a. General assumpsit b. Trespass (de bonis asportatus) c. Ejectment d. Special assumpsit

Assume that a state statute provides as follows: "The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained. Nonetheless, no action shall be commenced pursuant to this section with respect to an injury after ten years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury regardless of when the cause of action or claim accrues or the defect is discovered." Assume that the legislative history of this section indicates that the sole purpose of the ten-year limitation is to create a final deadline for filing suit that is not subject to any exceptions so that the manufacturer can "rest easy" knowing that they won't be sued. The ten-year limitation is MOST LIKELY an example of what kind of provision? a. This kind of provision, known as a statute of repose, is most likely an example of a provision enacted for a "substantive" purpose. b. This kind of provision, known as a statute of repose, is most likely an example of a provision enacted for a "procedural" purpose.

Based on Federal Rule 18(a), P commence an action against D-1 based on diversity of citizenship and seeking damages for D-1's trespass. battery, and negligence as well as the prize for the fish. In P's federal civil action, is P permitted to join claims against D-1 based on D-1's alleged trespass, battery, and negligence as well as a claim for the prize money ? a. Yes, because Rule 18 allows a party asserting a claim to join as many claims as the party has against an opposing party. b. No, because Rule 18 does not allow contingent or alternative claims. c. No, because Rule 18 only allows claims to be joined when they have a reasonably close factual connection to make them a convenient trial unit; here, the events are separated by too much time and space. d. No, because Rule 18 does not allow claims based on different theories (e.g., intentional torts and negligence cannot be mixed). e. No, based on all of the reasons stated in Answers B, C, and D, above.

Historically, which of the following was NOT associated with the development of equity? a. Pleading to a single issue of fact or law b. The Chancery court c. The "clean-up" doctrine d. Decrees of specific performance e. All of the above are associated with equity.

If the plaintiff wanted to have specific personal property in the defendant's possession seized and returned to the plaintiff on the ground that the plaintiff is immediately entitled to its possession, which one of the following provisional remedies should the plaintiff use? a. Replevin b. Attachment c. Receivership d. Garnishment

In a traditional common-law action, what did a traverse do? a. It amounted to a simple denial of a prior factual allegation. b. It created an issue of law. c. It admitted the allegations of the prior pleading and presented new matter to avoid the legal effect of those allegations. d. It asserted that the previous alleged facts did not give rise to a legally recognized claim or defense. e. Answers B and D are both correct.

P commence an action Is there a risk that P might face if P decides not to join all of P's claims together against D-1 in P's action? a. Yes, a risk exists that P will have lost the claims that are not presented because P may have "split" P's claim and thus would be barred by the doctrine of claim preclusion. b. No, in an action in federal court, joining multiple claims in one lawsuit is permissive, not compulsory.

P, D-1, and D-2 have a three car automobile accident. P sues D-1 and D-2 for damages for personal injuries arising out of the automobile accident, alleging that either D-1 or D-2 or both were negligent and caused P's injuries. Under these circumstances, if the judicial system in which P commenced the action has a permissive party joinder rule identical to Rule 20 of the Federal Rules of Civil Procedure, are D-1 and D-2 properly joined? a. Yes, D-1 and D-2 are properly joined in the action because the claims against them arise out of the same transaction or occurrence and involve common questions of law or fact. b. Yes, D-1 and D-2 are properly joined in the action because the claims satisfy the "local action" rule. c. No, D-1 and D-2 are not properly joined in the action. d. Both answers A and B are correct.

The statute of limitations may be supported by procedural and substantive policies. Of the two policies listed below, which is the one that embodies procedural purposes? a. Minimizing the deterioration of evidence, which helps to ensure accurate fact-finding, prevent fraud, reduce litigation costs, and preserve the Integrity of the legal system. b. Repose, which allows peace of mind, avoids disrupting settled expectations, reduces uncertainty about the future, and reduces the cost of measures designed to guard against the risk of untimely claims.

To have a neutral third party manage property that is the subject of the action a. Receivership b. Attachment c. Replevin d. Garnishment e. Temporary Restraining Order (TRO) f. Preliminary Injunction

What are the federal INTERMEDIATE APPELLATE courts today called? a. The federal intermediate appellate courts are the courts of appeals. b. The federal intermediate appellate courts are the superior courts. c. The federal intermediate appellate courts are the appellate division of the district courts. d. The federal intermediate appellate courts are the senior courts. e. None of the above.

When a court is reviewing and revising determinations made by other courts, what kind of jurisdiction is the court is exercising? a. Appellate jurisdiction. b. Original jurisdiction. c. Concurrent jurisdiction. d. Personal jurisdiction.

In Waddell case, the parents of high school football players filed a civil action in a Georgia trial court. They asserted that the officials clearly erred by not awarding the team an automatic first down after a roughing-the-killer penalty. As a result, the team had to punt. The other team subsequently drove the ball down and scored to win the game. The court rejected the action as not "justiciable." In your opinion, which of the following presents the BEST ground for doing so? a. The issue in the case was not important enough. b. The plaintiffs did not suffer any legal injury or monetary damage. c. The court lacked the expertise to determine to decide the issues. d. It was impractical to intervene at that point because the game was over. e. It was impossible to tell who would win the game if the court ordered the teams to pick up where they left off (as the trial court had ordered).

A, B, C, D, and E

In the Cudahy case that James Quirk "challenged" the Jaycees, offering to give them $1,000 ". . . if a daily dose of four glasses [of fluoridated water] cannot cause 'dermatologic, gastrointestinal and neurological disorders."Quirk added, "If the Jaycees should find that we have misrepresented matters in this paper, we will then also pay the sum of $1,000." The Jaycees demanded payment, which was refused. The Jaycees then commenced an action seeking, inter alia, a judgment for $1,000. After a trial on the merits, the jury found misrepresentation. The court entered judgment on the verdict and denied motions after the verdict. Defendant Quirk then appealed to the Wisconsin Supreme Court, which reversed and ordered the case dismissed. In your opinion, which of the following do you think is the BEST ground for concluding the action was not "justiciable"? a. This matter should be handled by public debate rather than the courts because it was a political question. b. Courts (and juries) lacked the expertise to resolve this scientific issue. c. The litigants were not "proper" litigants in the sense that they were not appropriate persons to present the issue for decision. d. The issue raised was not a "proper" issue in that it wasn't sufficiently important and appropriate for judicial decision. e. The plaintiffs did not suffer any legal injury or sufficient monetary damages.

A, B, C, D, and E*

The Restatement (Second) of Judgments encourages courts to weigh several "factors" to determine which jurisdiction's law applies. In your opinion, do you think it is a good approach to making a decision in particular cases? Select any or all of the statements that you agree with? a. The structure of the balancing-of-interests test is arranged around neither a single question of fact, nor a single definitional issue, but rather around two or moresets of facts or interests, each set pointing to a different outcome in the case. The winning litigant is not determined by placing actions into legally relevant categories, but ratherby the court determining which side's interests or facts are weightier. This appears to be a fair statement of how the balance-of-interest test operates. b. The balancing-of-factors test is based on an attractive metaphor — the weighing of interests upon a scale of justice. Thus, it appears to describe with considerable candor how judges actually decide cases, and to be malleable enough in its operation so that all the special circumstances of particular cases may be taken into account. c. There are colorable advantages to using the balancing-of-factors test, but the metaphor of the balance is likely to collapse when pressed into service as a method of deciding cases; thus, a balancing-of-factors test is likely to be more difficult to apply than it first appears. d. The balancing-of-factors test fails to ensure that like cases will be treated alike, and it gives inadequate guidance about what future actions are permitted to the citizenry. Thus, the continued use of the test is ill-advised. e. Would it be a surprise to you that the balancing-of-interests test tends to result in the court that is engaged in the balancing process ends up deciding that the applicable law with "most significant relationship" is law protects litigants who are citizens in the court's home jurisdiction?

A, B, C, D, and E* (Chapter 1 Unit 4 Question 9)

In Martin, a professional golfer suffering from circulatory disorder resulting in malformation of his right leg sued non-profit professional golf association. The golfer alleged that association's rule banning use of golf carts in certain of its tournaments violated Americans with Disabilities Act (ADA). In your opinion, what was the MOST LIKELY REASON that the golfer's action was justiciable? a. Professional golf is more important than high school football because professional golfers earn substantial amounts from playing.. b. A specific federal law protected the golfer because the tournament is prohibited discriminating against either spectators or competitors on the basis of disability. c. No one involved was betting on the outcome of the golf tournament. d. Martin's claim differs from one that might be asserted by players with less serious afflictions that make walking the course uncomfortable or difficult, but not beyond their capacity.

A, B, C, and D*

Assume that a state statute in State X relieves a driver from liability for damages incurred by a guest in the driver's car unless the accident was caused by the driver being under the influence of intoxicating liquor or because of the gross negligence of the driver. Assume D, the driver, who is citizen of State X, gives a ride to P, a citizen of State Y, back to P's home state from State X. Assume that State Y does not have a statute like State X's "guest" statute and that P is injured in an accident due to D's ordinary negligence. Assume that the accident occurred in State Y just across the border from State X and that P was taken to a hospital in State Y. P readily admits that P was D's guest and only ordinary negligence is involved. If P commences a negligence action against D in an appropriate court in State X, which state's law do you think should be applied? a. The law of State X should be applied and the action should be dismissed because the journey began in State X, P was clearly a guest at the time of the accident, and only ordinary negligence was involved. b. The law of State Y should be applied and the action should proceed because the accident occurred in State Y and the law of the place where the D's negligence occurred should apply, which would allow P's action to go forward. c. Since the action was commenced in State X, then State X should apply the guest statute because a State X citizen was the driver and it is unfair to impose liability upon D. However, if the action had been commenced in State Y, then State Y should apply because a citizen of State Y was injured in State Y. d. You have no idea what should happen in this situation.

A, B, C, and D* (Chapter 1 Unit 4 Question 8)

Which of the following pleadings would be permitted in a code pleading state modeled on the N.Y. Field Code? a. Complaint b. Answer c. Reply d. Rejoinder

A, B, and C

After P has commenced an action in federal district court against D-1, assume that P learns that D-1 has two freezers full of fish that had been caught in P's pond prior to the commencement of the action. Can P add a claim for the value of the fish in the two freezers to P's pending action? a. Yes, by means of a supplemental complaint. b. Yes, by means of an amended complaint. c. Yes, by means of the relation back doctrine. d. No, P cannot add the claim because it has been lost as a result of claim preclusion.

Assume that D illegally fishes on P's land, catches a very large fish, and subsequently wins a $20,000 prize in a contest using P's fish. Which of the following remedies would provide the LARGEST recovery if P were to sue D? a. Damages b. Restitution c. Civil contempt d. Declaratory relief

Assume that P (Wis.) sued D-1 and D-2 for damages in a diversity action in U.S. District Court in Wisconsin in the judicial district where P resides. D-1 and D-2 are served with process pursuant to a "long-arm" statute. Absent additional facts, do you think that D-1 and D-2 are likely to have a "sufficient connection" to Wisconsin to make litigation there "fair" for purposes of personal jurisdiction? In other words, is it likely that D-1 and D-2 will be subject to personal jurisdiction in Wisconsin for purposes of P's action against them? a. Yes, because D-1 and D-2 should have foreseen that P could have been from any state and neither defendant has to travel too far to attend litigation there. b. No, because a "sufficient connection" must exist between the defendant, the claim, and the state where the action is brought; here, none of the events giving rise to the claims took place in Wisconsin nor are either of the defendants present or appear to be active in that state.

Assume that P commenced the action in a U.S. District Court in Minnesota against D-1 and D-2. Is it likely that D-2 will have a valid personal jurisdiction objection? a. Yes, because D-2 is not from the State of Minnesta and has now left the state. b. No, because D-2 purposefully was driving in the State of Minnesota and the crash occurred there.

Assume that P learns that D-1 has frozen the fish that D-1 caught on P's land and subsequently won the fishing prize. P has learned that D-1 is planning on holding a big party and to serve P's prize-winning fish to D-1's friends. P wants the fish back so P can have it stuffed and framed to put on P's wall. Which one of the following remedies should P use to get the fish back while P's suit is pending and before D-1 serves it to D-1's friends? a. Punitive damages b. Replevin c. Receivership d. Permanent injunction personally ordering D-1 to return the frozen fish to P e. Ejectment

Assume that P raises greyhound dogs and P has sued D in a common-law action. P alleged that D stole several dogs from P's kennel on P's land and seeks their value at the time and place of taking. In contrast, D maintains that P had given the dogs to D and that P has only now claimed they were stolen because one of the dogs turned out to be an excellent racing dog. In D's defensive response to P's common-law action, what is the proper method for D to deny P's allegation that the dogs had been stolen? a. D should use a general demurrer. b. D should traverse. c. D should confess and avoid. d. D should assert a dilatory plea.

Assume that P sued D for breach of a contract in federal court. What is the proper and most efficient method to add a claim for new damages based on additional breaches of the contract occurring after commencement of the action? a. P should serve an amended complaint. b. P should serve a supplemental pleading; in this instance, it would be a supplemental complaint. c. P should dismiss the complaint voluntarily and commence a new action. d. P should commence a declaratory judgment action based on the new damages.

Assume that P wants to commence an action in a Minnesota state court against D-1 for trespassing on P's land. Assume that D-1 lives in County X, which adjoins County Y, the county where P's land is located. Assuming the Minnesota courts follow TRADITIONAL RULES governing venue, in which county or counties do you think P will be able commence the action? a. County X because D-1 lives there. b. County Y because P's land is located there. c. County X or County Y--It is P's choice. d. Any county where D-1 is served with process.

Assume that P's neighbor, D, has been taking a short-cut across P's land. P has asked D to stop cutting across P's land, but D continues to do so. P wants to sue D for damages. In a common-law action, which one of the following forms of action should P use? a. Replevin b. Trespass c. Trespass on the case d. Special Assumpsit

Assume that an equity court orders the specific performance of contract on the ground that monetary damages are deemed to be inadequate because the contract involved land or a unique chattel (piece of personal property). Which one of the following would be the basis for the court doing so? a. Fair and just compensation b. Inadequate remedy at law c. The clean-up doctrine d. Merger of law and equity

Assume that an individual is regarded as being too young to commence a lawsuit in a particular jurisdiction without a legal representative to handle the litigation. If such an individual sued in their own name without a representative, which of the following is a proper description of this situation? a. The individual is not the real party in interest. b. The individual lacks the capacity to sue. c. The individual has split the individual's claim for relief. d. The individual is a misjoined party.

Assume that at trial the judge realizes that the court lacks jurisdiction over the action because there is a lack of diversity of citizenship among the parties and the defect cannot be cured. What is the proper course of action at that point for the judge to take? a. The judge should enter judgment for the defendant. b. The judge should dismiss the action. c. The judge should do nothing because the defendant failed to object in a timely manner and thus the objection has been waived. d. The judge should strike the complaint.

Assume that the defendant's answer contains the following allegation: "If there is a debt, it is owed jointly by the defendant and [name] who is a citizen of _. This person can be made a party without depriving this court of jurisdiction over the existing parties." This allegation is an example of what defense or objection? a. Improper venue b. Failure to join a party under Rule 19 c. Insufficient service of process d. Lack of personal jurisdiction

Assume that the plaintiff needs to correct an error in the plaintiff's allegations in the complaint. By what means would the plaintiff do so? a. A supplemental pleading. b. An amendment. c. A provisional remedy. d. A new summons.

Assume the defendant wants to dispute the truth of an allegation in the plaintiff's complaint in a civil action in federal court. Which of the following would be proper method for doing so? a. By asserting truth as an affirmative defense in the defendant's answer. b. By denying the relevant allegation in the defendant's answer. c. By moving to strike the plaintiff's allegation on the ground that the allegation was untrue. d. By moving to dismiss the plaintiff's action by means of a motion to dismiss for failure to state a claim upon which relief can be granted.

Assuming that D-2 was 15 years old at the time of the accident. Assume also that D-2 was driving illegally without a license and was so intoxicated that D-2 lacked the physical and mental ability to control the car. In this situation, does D-2 have the "capacity" to sue and be sued (as provided in Federal Rule 17(b) and (c))? a. Yes, because D-2 has a constitutional right to sue or be sued in federal court. b. No, because D-2 is a minor and has to have a representative to conduct litigation on D-2's behalf. c. No, because D-2 did not have the physical and mental ability to control the sports car due to intoxication and therefore lacks the capacity to sue or be sued. d. No, because persons driving without a license forfeit all rights to sue or be sued. e. No, the reasons stated in Answers B, C, and D, above.

Consider the following state statute: "No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions." Of what kind of rule is this provision MOST LIKELY a good example? a. Purely procedural rule. b. Purely substantive rule. c. Rule that may be both procedural and substantive in nature. d. None of the above

If no other court within a state can be found with subject-matter jurisdiction over a case, which court will be, by definition, able to hear the case? a. Any court the plaintiff chooses within the system. b. The court of general jurisdiction. c. A court of equity. d. The superior court. e. The state supreme court.

In a traditional common-law action, which form of action would be appropriate to assert a claim for damages based on false imprisonment? a. Ejectment b. Trespass c. Trespass on the case d. Trover e. General assumpsit

On the facts of Problem 1-1, in which P wants to sue D-1 and D-2 in a federal court, which BRANCH of federal jurisdiction would P MOST LIKELY try to meet in order to sue in a federal court? a. Federal question jurisdiction because P's claim arises under the Constitution, laws, or treatises of the United States. b. Diversity jurisdiction because P has claims that arise under state law, P is a citizen of Wisconsin, D-1 is a citizen of Minnesota, D-2 is a citizen of Ohio, and P's claims total to more than $75,000.

The geographic location within a sovereign's territory where a particular type of action may or must be brought designates or establishes what? a. It designates the location where personal jurisdiction is proper. b. It designates the proper venue for the action. c. It establishes the subject-matter jurisdiction of the court. d. It establishes the applicable law.

To seize property from the defendant and have it brought into the custody of the court a. Receivership b. Attachment c. Replevin d. Garnishment e. Temporary Restraining Order (TRO) f. Preliminary Injunction

What is the principal TRIAL court in the federal system called? a. The principal federal trial court is the circuit court. b. The principal federal trial court is the district court. c. The principal federal trial court is the superior court. d. The principal federal trial court is the court of claims. e. None of the above.

What was a "wager of law"? a. A wager of law was a trial of a dispute determined by the outcome of a personal battle or combat between the parties or in an issue joined upon a writ of right between their champions . b. A wager of law was essentially a character reference, initially by kin and later by neighbours (from the same region as the defendant), often 11 or 12 men, and it was a way to give credibility to the oath of a defendant at a time when a person's oath had more credibility than a written record; it was also known as compurgation. c. A wager of law was the procedure by which a legal claim can be made. A plaintiff could start an action only when it is possible to state the claim in words that followed one of the traditional forms. d. A wager of law was the mode of trial in trespass actions. e. A wager of law was a formal bet on what rule or outcome would be announced in a pending case.

Which form of action at common law is the source of the modern law of conversion? (Conversion is an intentional tort consisting of "a taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession." A chattel is a piece of personal property, including something that can be moved, such as a horse, a watch, or a car; chattel also can refer to rights such as copyright and patents; it usually does not refer to land and buildings.) a. General assumpsit b. Trover c. Ejectment d. Covenant e. Detinue

Which of the following establishes the outer boundary of federal subject-matter jurisdiction (the authority of the federal courts to hear the class of cases to which the plaintiff's suit belongs)? a. Limited jurisdiction. b. Article III of the United States Constitution. c. The no-waiver or consent rule. d. Original jurisdiction.

Which of the following, if any, is an ACCURATE statement? a. The vast majority of civil actions in the United States are filed in the federal courts, not the state courts. b. There is at least one federal district court in every state and some states are divided into multiple federal districts. c. Federalism refers to the separation of powers between the legislative, executive, and judicial branches of government. d. The most common designation of the highest court in court systems in the United States is the "Superior Court." e. None of the above statements are accurate.

Under the Federal Rules of Civil Procedure, what is the name of the document(s) that the defendant ordinarily receives at the outset of a civil action? a. Restraining order b. Summons c. Return of service d. Complaint e. Indictment

B and D

Assume a court decides that it would be inappropriate to hear a case because the issue involved is not "sufficiently important" or the party raising it is not a "proper litigant." Of the following, which one of the following BEST states how that decision would be described? a. The court lacks jurisdiction. b. There is no authority to hear the case. c. The case is not justiciable. d. The plaintiff lacks a valid claim for relief. e. The claim is moot.

Assume that P locks D in a room in order to keep P from attending an important business meeting. Assume further that P was confined against P's will, D did so intentionally, there were no lawful grounds for P's confinement, and P suffered physical, financial, and emotional harm. Assume that P finds a way to escape, but it is too late to attend the business meeting. If P were to commence a common-law action, which one of the following forms of action should P use? a. Trespass on the case. b. Replevin. c. Ejectment. d. Trespass.

Assume that P raises greyhound dogs and that D stole several dogs from P's kennel on P's land. Assume further that P doesn't want to the stolen dogs back. If P wants to bring a common-law action against D to recover the value of the dogs at the time and place of their unlawful taking, which one of the following forms of action should P use? a. Ejectment b. General assumpsit c. Trover d. Trespass (based on false imprisonment of the dogs)

Assume that P raises greyhound dogs and that D stole several dogs from P's kennel on P's land. D refuses to return them. P wants to bring a common-law tort action against D to have them returned and to recover damages for their wrongful detention. What form of action should P use? a. Trespass b. Conversion c. Replevin d. Detinue

Assume that P sued D-1 and D-2 in a U.S. District Court. P's complaint demanded $200,000 damages for D-1's trespass, battery, and negligence as well as the $20,000 prize for the fish. P's complaint also demanded $100,000 from D-2 for negligently causing an aggravation to P's previous injuries in the accident. Is P be allowed to join D-1 and D-2 in the same lawsuit in federal court (pursuant to Federal Rule 20(a))? a. Yes, because the claims asserted by P against D-1 and D-2 must arise out of the same transaction or occurrence or series of transactions or occurrences. b. Yes, because at least one question of law or fact must be common to D-1 and D-2 (e.g., the division of damages based on the original injury and the aggravation of that injury). c. Yes, provided both of the elements described in Answers A and B are present. d. No, because some of P's claims against D-1 do not involve the accident and are not made against D-2.

Assume that P's neighbor, D, has been taking a short-cut across P's land. P has asked D to stop, but D continues to do so. Assume that P has sued D for damages several times in common-law trespass actions and recovered nominal amounts. Nevertheless, D has continued to cut across P's land after the conclusion of each action. In this situation, which of the following is P's BEST remedy? a. P should bring an ejectment action, which would result in the sheriff "ejecting" D whenever P tried to cut across P's land. b. P should turn P's dogs loose in order to chase D off the land; if D got mauled by the dogs, that would teach D a lesson and D would certainly think about doing it again. c. P should bring an action in equity seeking an injunction prohibiting D from cutting across P's land; if D violated the injunction, D could be held in contempt. d. P should sue D again; this time P should use trespass on the case because D's actions constitute a nuisance.

Assume that a collision at an intersection occurs involving two cars. There is a dispute which driver was responsible. Under modern procedural systems, can the driver and a passenger in one car join together in a lawsuit against the driver of the other car io recover damages for their respective injuries? a. Yes, because the claims asserted by the driver and passenger arise out of the same transaction, occurrence, or series of transactions or occurrences. b. Yes, because there will be at least one question of law or fact common to the driver's and passenger's claims against the other driver (e.g., who was negligent). c. Yes, for the reasons stated in Answers A and B, above. d. No, there would need to be two separate lawsuits in this situation because the driver's and passenger's damages will be different.

Assume that a federal antitrust case involving price fixing is tried in the U.S. District Court in Omaha, Nebraska and that the losing party wants to appeal the decision in the case. To which court would the losing party appeal? a. The Nebraska Supreme Court. b. The Appellate Division of the U.S. District Court. c. The United States Court of Appeals for the Eighth Circuit. d. The Nebraska Court of Appeals. e. None of the above.

Assume that an action was filed against the Scripps Newspapers and the Ventura County Star-Free Press concerning a spelling bee these defendants sponsored in Ventura County, California. The plaintiff in the action, a student, had won competitions at the classroom and school-wide levels. which earned him the chance to compete in the county-wide spelling bee. The best speller in the county won a trip to Washington D.C. and a place in the national finals. In the final round of the county bee, the contest officials made a mistake, and, instead of winning, the plaintiff came in second. The plaintiff (through his parents) sued the defendants in a California Superior Court seeking damages. If the California courts were to decide that this case would not be appropriate for judicial resolution, on which one of the following grounds would the courts MOST LIKELY rely? a. Mootness because the county competition is over. b. Standing because the plaintiff really didn't suffer that much of an injury. c. Justiciability because the claim, like a referee's decision in a sporting event, is not an appropriate kind of case for judicial resolution. d. Ripeness because no actual controversy is really presented involving a threat of injury that is real and immediate.

P sued D-1 for the wrongful taking of the fish. Which of the following legal theories supports (1) the recovery of the fair market value of the fish at the time and place of taking and (2) the recovery of the prize money? a. Damages for both the fair market value of the fish and the amount of the prize money. b. Restitution for both the fair market value of the fish and the amount of the prize money. c. Damages for the fair market value of the fish and restitution for the amount of the prize money. d. None of the above theories support the recovery of either item.

The Civil Rights Act of 1871 is a federal statute that allows people to sue for civil rights violations. It applies when someone acting "under color of" state-level or local-level law has deprived a person of rights created by the U.S. Constitution or federal statutes (based on 42 U.S.C. § 1983). Federal and state courts have concurrent jurisdiction over § 1983 claims. Assume that P has a federal civil rights claim against D and that P has commenced an action in a state court to recover damages based on § 1983. By what means, if any, can D have the action moved to federal court? a. By a motion to transfer based on improper venue. b. By moving for a forum non conveniens dismissal. c. By filing a notice in the federal district court requesting removal of the action from state to federal court. d. By moving to dismiss the action for lack of subject-matter jurisdiction. e. It is P's prerogative to choose the court in which P asserts P's claim and it would be unfair to P to have P's choice denied by moving the action to a federal court; thus, D cannot defeat P's right by seeking to move the case to federal court; as a result, none of the above means are possible.

To seize the specific personal property in the defendant's possession to which the plaintiff is immediately entitled a. Receivership b. Attachment c. Replevin d. Garnishment e. Temporary Restraining Order (TRO) f. Preliminary Injunction

What is the defendant's first pleading? a. A reply b. A motion c. An answer d. A replication

What is the name of the document that (1) notifies the defendant that an action has been commenced against the defendant and (2) commands the defendant to appear and defend the action by a certain date or the court will enter a judgment against the defendant for the remedy demanded by the plaintiff? a. Return of service b. Complaint c. Summons d. Interpleader

Which of the following, if any, is NOT a characteristic of the adversary system or court organization in the United States? a. The parties (usually through their lawyers) bear the principal burden of initiating, developing, and presenting the case. b. Each party bears the respective burden of the proof to the court on issues, elements, or defenses allocated by the law to its respective side. c. Courts in the United States are specific to areas of law; there are separate constitutional courts, commercial courts, administrative courts, and other courts that opine on consistency of legislation and administrative acts as well as interpret that specific code or constitutional provisions; those courts have the authority to make final decisions that are not reviewed by any other court. d. If a case does not settle or is not otherwise disposed of during pretrial proceedings, the case will be determined by a trial either before a judge or a jury, depending on the circumstances; the final result of the proceeding will be a formal determination of the controversy called a "judgment." e. All of the above statements are correct.

Which one of the following terms BEST describes the coordinate relationship and distribution of power between individual states and the national government in the United States? a. Separation of Powers b. Full Faith and Credit c. Federalism d. Jurisdiction

Assume that D illegally fishes on P's land, catches a very large fish, and subsequently wins a $20,000 prize in a contest using P's fish. Which form of action would P have been traditionally used to recover the $20,000 in a common-law action? a. Trespass b. Special assumpsit c. Trover d. General assumpsit e. Trespass on the case

Assume that P (Wis.) decides to commence a diversity action against D-1 (Minn.) in a U.S. District Court. P's complaint demands (1) $55,000 in damages for D-1's trespass, battery, and negligence and (2) $20,000—the prize for the fish. Does P's claim ACTUALLY meet the requirements of §1332(a)(1) (diversity jurisdiction)? a. Yes, because P's claim complete diversity exists and the jurisdictional amount requirement is met. b. No, because P is not allowed to aggregate two or more claims against a single defendant to meet the amount-in-controversy requirement. c. No, because P's claim arises under state law rather than federal law. d. No, because P's claim does not meet the jurisdictional amount requirement; here, P's claim does not exceed the required jurisdictional amount. e. None of the above answers are correct.

Assume that P raises greyhound dogs and that D stole several dogs from P's kennel on P's land. P hired an investigator to track down the stolen dogs. The investigator found the dogs and secured their return. P wants to bring a common-law action against D to recover damages. What form of action should P use? a. Trespass on the case b. Conversion c. Distraint d. Trespass (de bonis asportatis)

Assume that P raises greyhound dogs and that D stole several dogs from P's kennel on P's land. P hired an investigator to track down the stolen dogs. The investigator found the dogs and secured their return. P wants to bring a common-law action against D to recover damages. What is the name of P's initial pleading in that common-law action? a. Complaint b. Plea c. Petition d. Declaration

Assume that a pre-answer motion to dismiss in federal court relies on the following assertion: "The defendant does not reside in this district and no part of the events or omissions giving rise to the claim occurred in this district." What is the MOST LIKELY basis for this motion? a. Lack of personal jurisdiction b. Insufficient process c. Lack of subject-matter jurisdiction d. Improper venue e. Failure to state a claim upon which relief may be granted

Assume that the defendant wants to raise the defense that the complaint fails to state a claim upon which relief may be granted in an action in federal district court. In light of Federal Rule 12(h)(2), when is the LATEST time that the defendant can properly do so? a. In a pre-answer motion to dismiss for failure to state a claim upon which relief can be granted. b. In the defendant's answer to the complaint. c. In a motion for judgment on the pleadings. d. Up to trial on the merits. e. On appeal.

Assume that two neighbors are having a dispute over a strip of land. P claims the land belongs to P while D claims the land belongs to D. If P were to commence a common-law action for the purpose of trying title to the disputed land, which one of the following forms of action should P use? a. Trespass on the case b. Replevin c. Trover d. Ejectment

Consider the following description: A written statement for presentation to the court which admits for the sake of argument that the facts alleged in the complaint are true, but that the facts still do not constitute a cause of action or a valid claim for relief. Which of the following perform this function? a. Motion for a more definite statement b. General Demurrer c. Motion to dismiss for failure to state a claim for relief upon which relief may be granted d. Answers B and C, above, each fit this description and perform this function.

If a court has jurisdiction over a particular type or class of cases and no other court can validly exercise jurisdiction over cases within that class, what kind of jurisdiction is the court that has jurisdiction over such cases said to have? a. Permanent jurisdiction. b. Original jurisdiction. c. General jurisdiction. d. Exclusive jurisdiction.

P sues D in a civil action in state court, seeking damages for personal injuries received in an automobile accident with D. D believes that a court in a foreign country would be a much more convenient place for the adjudication of the action because the events giving rise to suit occurred there and all the witnesses and evidence are located there. Under these circumstances, what is the proper action to for D to take? a. D should move to transfer the action to the courts of the foreign country. b. D should remove the action to federal court and then move to transfer it to the foreign country under the federal venue transfer statutes. c. D should move to transfer the action under the state's own transfer of venue statutes. d. D should move to dismiss on grounds of forum non conveniens.

P, a citizen of State X, sues D, a citizen of State Y, in the U.S. District Court for the District of State Y. P's complaint asserts two claims for relief. One claim is for breach of a contract between P and D, for which P claims $100,000 in damages. The second claim is a factually and legally unrelated claim for an assault and battery allegedly committed by D against P, for which P seeks $200,000 in damages. Under the Federal Rules of Civil Procedure, are P's claims properly jointed? a. No, P's claims are improperly joined because they do not arise out of the same transaction or occurrence. b. No, P's claims are improperly joined because they do not involve common questions of law or fact. c. No, P's claims are improperly joined for the reasons given in answers A and B, above. d. Yes, P's claims are properly joined.

To issue a warning to a third party directing the third party not to pay the defendant's assets in the third party's possession to the defendant and requiring the third party to hold them until further order from the court a. Receivership b. Attachment c. Replevin d. Garnishment e. Temporary Restraining Order (TRO) f. Preliminary Injunction

What is the branch of federal subject-matter jurisdiction based on claims by plaintiffs arising under the Constitution, laws, or treaties of the United States called? a. Diversity jurisdiction. b. Concurrent jurisdiction. c. Personal jurisdiction. d. Federal question jurisdiction.

What was the name of the plaintiff's first pleading in a traditional action at common law? a. Petition b. Bill c. Complaint d. Declaration

Which clause, amendment, or principle of the U.S. Constitution imposes the duty on a state to recognize another state's judgment in a judicial proceeding? a. Due Process Clause of the Fourteenth Amendment. b. Supremacy Clause. c. The principle of separation of powers. d. Full Faith and Credit Clause.

Which of the following original writs/forms of action would have been traditionally used at common law for P to recover damages based on D-1's intentionally entering P's land for the purpose of fishing, using P's cabin without permission, and punching P in to nose? a. Replevin b. Trespass on the Case c. Covenant d. Trespass e. Answers B and D are both correct.

Which of the following statutes authorized the creation of the Federal Rules of Civil Procedure? a. The Conformity Act of 1872 b. The Judiciary Act of 1789 c. The Field Code d. The Rules Enabling Act of 1934

Assume that P and D have had an accident and P is now suing D for damages based on D's alleged negligence. Assume that D believes that P was intoxicated at the time of the accident, which, if true, would make the plaintiff "contributorily negligent" and would be a complete bar to P's recovery under the applicable law. How would contributory negligence be properly raised by D? a. By a dilatory plea in a common-law action. b. By a general demurrer in a common-law action. c. By means of a plea in a common-law action admitting the allegations of the declaration and presenting the new matter (contributory negligence) to avoid the legal effect of P's allegations. d. As an affirmative defense in D's answer under the Federal Rules of Civil Procedure. e. Answers C and D are both correct.

Which of the following statements about subject-matter jurisdiction, if any, is NOT correct? a. Subject-matter jurisdiction is the court's power to hear the class of cases to which the plaintiff's suit belongs. b. If a court has exclusive jurisdiction over a class of cases, no other court can validly exercise jurisdiction over cases within the class. c. Every state has at least one court of general jurisdiction; courts of general jurisdiction possess the broadest subject-matter authority of all the courts within a state; and they are sometimes referred to as "repository courts" because if no other court within a state can be found with subject-matter jurisdiction over a case, the court of general jurisdiction will be able to hear the case. d. When a court has concurrent jurisdiction with another court, the plaintiff may choose to sue in either of the courts. e. Like venue and personal jurisdiction, a defendant can waive the objection to subject-matter jurisdiction by failing to raise that objection in a timely manner. f. All of the above statements are correct.

To prevent irreparable harm or to preserve the status quo after the defendant has had an opportunity to be heard until a full adjudication on the merits can be had a. Receivership b. Attachment c. Replevin d. Garnishment e. Temporary Restraining Order (TRO) f. Preliminary Injunction

Assuming that a lawsuit follows the ordinary course of events. Arrange the following events in chronological order. a. Presuit Investigation b. Pre-answer motions c. Discovery d. Commencement of the action e. Serving an answer f. Service of Process

1. A 2. D 3. F 4. B 5. E 6. C

Arrange the following in chronological order based on the normal sequence of events in a lawsuit: a. Service of the summons and complaint b. Service of a notice to take the oral deposition of the plaintiff c. Filing the complaint with the clerk of the court d. Service of an answer containing an affirmative defense e. Service of the plaintiff's answer to a defendant's counterclaim f. Service of a motion to dismiss for improper venue

1. C 2. A 3. F 4. D 5. E 6. B

A sixteen-year-old is said to lack what if that minor is unable to bring suit in his or her own name? a. Capacity b. Competence c. Skill d. Ability

An appeal is an example of which one of the following? a. A direct attack on a judgment b. An indirect attack on a judgment c. A collateral attack on a judgment d. A delayed attack on a judgment

A court that hears a type of case that no other court is authorized to hear is said to have what kind of jurisdiction? a. Exclusive jurisdiction over the subject matter of the action b. Limited jurisdiction over the subject matter of the action c. General jurisdiction over the subject matter of the action d. Concurrent jurisdiction over the subject matter of the action

A person who is substantively entitled to enforce the right sued upon in a civil action a. Real Party in interest b. Stakeholder c. Capacity to sue or be sued d. Intervenor e. Third-party plaintiff

A post-trial motion (e.g., a motion for a new trial) is an example of what? a. A direct attack on a judgment b. An indirect attack on a judgment c. A collateral attack on a judgment d. A delayed attack on a judgment

Assume that D serves an answer containing the defense of contributory negligence. In federal court, P would not be permitted to respond without permission from the court; D's defense would automatically be taken as denied or avoided. In a code-pleading state, however, P would be required to respond—for example, by either denying that P was contributorily negligent or asserting some other defense, such as a defense that, even if P had been negligent, P was subsequently in a position of helpless peril, and D had the "last clear chance" to avoid the accident. In a code-pleading state, what pleading would P use to respond? a. A reply b. An answer c. A supplemental complaint d. An amended complaint

Assume that P and D have been involved in an automobile accident. Assume that P has sued D in a diversity action in federal because P believes that D was negligent because D was driving while intoxicated when D ran P off the road. D readily admits that D was "drunk as a skunk." However, D believes that P was also driving while legally intoxicated and that under the applicable law that fact would make P contributorily negligent, which would provide a complete defense to P's action. In light of the Federal Rules, including Rule 11, which of the following actions could D take? a. D should plead the fact of P's intoxication, in such detail as required, as an affirmative defense in D's answer. b. D should deny D's own negligence in order to make P prove it in court. c. D should assert a counterclaim against P because, in litigation, the best defense is a good offense. d. D should not answer the claim because it would be a waste of time since both P and D were negligent and neither one can recover anything.

Assume that P has joined D-1 and D-2 in a negligence action in federal court on the basis that D-1 and D-2 caused P's injuries in the accident. Assume further that D-1 has asserted a crossclaim against D-2 arising out of the automobile accident. What, if anything, does D-2 have to do in response to this crossclaim? a. D-2 must serve a pleading called "an answer to a crossclaim." b. D-2 must serve a pleading called "an answer to a third-party complaint." c. D-2 must serve a pleading called "a reply." d. D-2 need do nothing because D-1's allegations are taken as automatically denied or avoided, as provided by Federal Rule 8(b)(6) (effect of failing to deny) in light of the fact that no response is required by Federal Rule 7(a) (pleadings).

Assume that P has joined D-1 and D-2 in a negligence action in federal court on the basis that D-1 and D-2 caused P's injuries in the accident. Assume further that D-1 wanted to assert a crossclaim against D-2 for injuries that D-1 received in the accident. If D-1 also possesses a claim against D-2 that is factually and legally unrelated to the automobile accident, can D-1 join this factually and legally unrelated claim? a. Yes, D-1 can join the factually and legally unrelated claim with D-1's crossclaim because Rule 18(a) permits a party asserting a crossclaim to join as independent or alternate claims, as many claims as that party has against an opposing party. b. No, D-1 can join only factually and legal related claims with D-1's crossclaim because allowing joinder or factually or legally unrelated claims would complicate the proceedings unnecessarily. c. No, D-1 cannot join the claim because Federal Rule 18(a) applies only plaintiffs; here, D-1 is a defendant and thus D-1 is not allowed to use Rule 18(a)'s "free joinder" provisions. d. No, D-1 cannot join the claim for the reasons stated in Answers B and C, above.

Assume that P properly sues D in federal court. In a federal court civil action, counterclaims are either compulsory or permissive. What makes a counterclaim "compulsory" under the Federal Rules of Civil Procedure? a. Counterclaims that arise out of the same transaction or occurrence as plaintiff's claim are classified as compulsory; that is, such claims must they asserted in the same lawsuit brought by the plaintiff or it is forever barred under principles of res judicata. b. Counterclaims are compulsory when there is a danger that double liability or inconsistent judgments would exist. c. Counterclaims are compulsory when the opposing party has any kind of potential claim against the opposing party. d. Counterclaims are compulsory only if the counterclaim falls within the same legal category as the opposing party's claim.

Assume that P sues D for damages in a federal district court. P asserts that D was negligent in operating D's automobile and, as a result, injured P and damaged P's automobile. D serves an answer admitting that the accident occurred, denying D's negligence, asserting P's contributory negligence as an affirmative defense, and asserting a compulsory counterclaim alleging that P was negligent and liable for D's injuries and damage to D's automobile. Under the Federal Rules of Civil Procedure, what action, if any, must P take? a. P is required to serve an "answer" to D's counterclaim (assuming that D's counterclaim was designated as a counterclaim). b. P is required to serve a "replication" to D's counterclaim (assuming that D's counterclaim was designated as a counterclaim). c. P is not required to serve any response; the allegations of D's counterclaim are automatically taken as denied or avoided. d. P is not permitted to serve any response; the allegations of D's counterclaim are automatically taken as denied or avoided.

Assume that P sues D in a negligence action for damages to the bumper of P's car. The issue of D's negligence is fully litigated, and P recovers $500. The plaintiff (P) in the prior action then sues the same defendant (D) in a new negligence action for damage caused to the motor of P's car in the same accident. P's second action for damage to the motor would not be permitted under what doctrine? a. Claim preclusion b. Issue preclusion c. Waiver d. Bar

Assume that P sues D in a negligence action for damages to the bumper of P's car. The issue of D's negligence is fully litigated, and P recovers $500. The plaintiff (P) in the prior action then sues the same defendant (D) in a new negligence action for damage caused to the motor of P's car in the same accident. Traditionally, it would be said that P's claim for the motor would have what? a. Been merged into the prior judgment b. Been barred by the prior judgment c. Had been split by the prior judgment d. Had been waived by the prior judgment

Assume that P's complaint in a federal court action against D-2 alleges that D-2 negligently drove into D-1's truck at a particular date and time. D-2 points out to D-2's attorney that D-2 was in another city at that date and time. Assuming that D-2 maintains that the accident never happened at all, what is the proper method for D-2 to raise this issue? a. D-2 should deny P's allegation that D-2 negligently drove D-2's vehicle into D-1's truck, indicating that the accident never took place. b. D-2 should assert the fact that the accident never took place as an affirmative defense pursuant to Federal Rule 8(c). c. D-2 should use a general denial to dispute all of P's allegations. d. D-2 should move to strike P's complaint pursuant to Federal Rule 12(f) (motion to strike) on the ground that the plaintiff's allegations are "immaterial."

Assume that P, as part of P's claims against D-1, P seeks a permanent injunction to prevent D-1 from trespassing on P's land. P also seeks a preliminary injunction to prevent D-1 from violating P's rights during the time necessary to adjudicate P's claim, but the U.S. District Court refuses to issue the injunction. May P appeal the court's refusal to issue the preliminary injunction? a. Yes, even though the ruling on the preliminary injunction is not a final judgment, such a decision is important enough to justify an appeal (as provided for by 28 U.S.C. § 1292(a)(1) (interlocutory decisions)). b. Yes, but only if the trial judge certifies that the ruling on the preliminary injunction "involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation." c. No, a ruling on a preliminary injunction is not a final judgment and thus is not appealable. d. No, U.S. Courts of Appeals lack appellate subject-matter jurisdiction to hear any type of interlocutory appeal from federal district courts.

Assume that a party has been fully heard on an issue during a jury trial and the plaintiff has failed to present evidence on one of the required elements of the plaintiff's claim. Under those circumstances, in federal court, what would NOW be the proper motion in this situation? a. A judgment as a matter of law b. A judgment notwithstanding the verdict c. A judgment on the pleadings d. A summary judgment

Assume that in P's personal injury action against D-1, the jury returns a verdict in favor of P and against D-1, but D-1 believes that P has failed to introduce evidence on an essential element of the case on which P had the burden of proof, which of the following post-trial motions is the most appropriate to bring this error to the trial court's attention? a. A motion for judgment nothwithstanding the verdict or a judgment as a matter of law. b. A motion to alter or amend the judgment. c. A motion for a new trial. d. A motion for extraordinary relief from the judgment.

Assume that in P's personal injury action against D-1, the jury returns a verdict in favor of P and against D-1, but D-1 believes that P has failed to introduce evidence on an essential element of the case on which P had the burden of proof. Assume that D-1 has brought P's failure to offer any proof on an essential element of P's case on which P had the burden of proof by using the appropriate post-trial motion. Which, if any, of the following is a PRECONDITION to making such a motion? a. D-1 must have moved for a directed verdict or judgment as a matter of law--at the close of all the evidence in some jurisdictions or at any time prior to the submission to the case to the jury in federal court. b. D-1 must have also moved in the alternative for a new trial no later than 28 days after the entry of the judgment. c. D-1's motion must be supported with affidavits, and the opposing party has 14 days after being served to file opposing affidavits. d. D-1 need not have taken any prior action to seeking the appropriate motion.

Assume that in an action by P against D in federal court, P wins a judgment for $100,000. Due to a clerical error, the judgment entered by the court awards P only $10,000. Upon receipt of the judgment, P immediately notices the mistake. Under these circumstances, what is the proper procedure for P to follow to correct the error? a. A motion to amend the judgment. b. A motion for judgment as a matter of law c. A motion for a new trial. d. An appeal.

Assume that one party wants to make a copy of the document that is in the possession of another party. Under the Federal Rules of Civil Procedure, what is the easiest formal discovery procedure to procure a copy? a. To submit a request for production and copying b. To take the opposing party's deposition and request that the party produce the document at the deposition c. To submit a request to examine the business records of the opposing party if those records include the relevant document d. To send the opposing party an interrogatory asking the opposing party to copy the document and mail it to the requesting party

Assume that the following is used in a discovery device: "The plaintiff asks the defendant to respond within 30 days by admitting, for purposes of this action only and subject to objections to admissibility at trial, the genuineness of the attached of the attached contract." Under the Federal Rules, this is an example of what type of discovery device? a. A request for admission b. An example of a question in an oral deposition c. An interrogatory to a party d. An option to produce business records

Based on Federal Rule 18(a), P commence an action against D-1 based on diversity of citizenship and seeking damages for D-1's trespass. battery, and negligence as well as the prize for the fish. In P's federal civil action, is P permitted to join claims against D-1 based on D-1's alleged trespass, battery, and negligence as well as a claim for the prize money? a. Yes, because Rule 18 allows a party asserting a claim to join as many claims as the party has against an opposing party. b. No, because Rule 18 does not allow contingent or alternative claims. c. No, because Rule 18 only allows claims to be joined when they have a reasonably close factual connection to make them a convenient trial unit; here, the events are separated by too much time and space. d. No, because Rule 18 does not allow claims based on different theories (e.g., intentional torts and negligence cannot be mixed). e. No, based on all of the reasons stated in Answers B, C, and D, above.

D-1 (plaintiff) asserts D-2 (defendant) negligently crashed into D-1's truck and is liable for D-1's damages. D-2 serves an answer denying D-2's negligence and asserting D-1's contributory negligence as an affirmative defense. D-1 believes that D-2 had the "last clear chance" to avoid the accident. D-2's answer also contains a counterclaim asserting a "counterclaim" alleging that D-1 negligence caused the accident and D-1 is liable for D-2's injuries and damage to D-2's sports car. Does D-1 now have to answer? a. Yes, because Rule 7(a) (pleadings) provides for "an answer to a counterclaim designated as such"; if D-1 fails to respond, all of the allegations of the counterclaim will be taken as admitted except ones relating to the amount of damage (as specifically provided in Rule 8(b)(6)). b. Yes, but only if D-2's counterclaim is classified as "compulsory" under Federal Rule 13(a) (compulsory counterclaims); if it is classified as "permissive," then no response is required. c. No, because all counterclaims and crossclaims are automatically taken as denied or avoided. d. No, because a counterclaim may not request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.

Federal Rule 12(c) permits a party to move for judgment on the pleadings. In terms of timing, when can a party so move? a. After the pleadings have closed b. Before the defendant answers the complaint c. When no genuine issue of fact exists d. When no party objects

How are changes are made in pleadings under the Federal Rules of Civil Procedure? a. By serving an amended pleading b. By serving an affirmative change c. By serving a reply d. By serving a "relation back" pleading

How is a civil action commenced in a federal district court? a. By filing a complaint with the court b. By filing a summons with the court c. By serving process on the defendant d. By serving a subpoena on the defendant

If D-1 has continued to trespass repeatedly after P has properly commenced an action against D-1 in federal court, is there a way for P to include damages for those trespasses in P's pending action against D-1? a. Yes, by means of a supplemental complaint. b. Yes, by means of an amended complaint. c. No, P would have to commence a separate action for the trespasses that occurred after the date P's complaint was filed. d. No, because P has split P's claim for relief.

If a defendant refuses to voluntarily pay a court judgment, by what means can the plaintiff can the plaintiff have a public official, such as a sheriff, seize property of the defendant and sell it at public auction to satisfy the judgment? a. A writ of execution b. A writ of mandamus c. A writ of certiorari d. A writ of coram nobis

In a jury trial at the close of all the evidence, if the plaintiff or the defendant (or both) feels that the opposing party has failed to meet the burden of proof allotted to the opposing party, what would be the proper method to raise this issue in federal court TODAY? a. A motion for judgment as a matter of law b. A motion for judgment notwithstanding the verdict c. A motion for judgment on the pleadings d. A motion for summary judgment

In civil procedure, to what does a "return of service" refer? a. Return of service is a written acknowledgment by a process server stating that there was service of legal documents, such as a summons and complaint. b. Return of service is when the process server is unsuccessful in serving process. c. Return of service refers to confirmation of sale of real or personal property conducted by an officer of the court or any other person. d. Return of service is the response of the court or officer to whom a writ of certiorari or a petition or writ of mandamus is directed, answering the allegations of fact in the petition or writ.

P commence an action. Is there a risk that P might face if P decides not to join all of P's claims together against D-1 in P's action? a. Yes, a risk exists that P will have lost the claims that are not presented because P may have "split" P's claim and thus would be barred by the doctrine of claim preclusion. b. No, in an action in federal court, joining multiple claims in one lawsuit is permissive, not compulsory.

P is a citizen of Wisconsin who owns land in Minnesota. Assume that D, a citizen of Minnesota, has been trespassing on P's land in Minnesota by dumping loads of contaminated dirt on P's land and that D plans to continue to do so in the future. Assume that P seeks a permanent injunction ordering D to stop dumping the dirt and to remove the dirt that D has already dumped there in an action in federal district court. Assume further that P's claim exceeds the required amount in controversy for a diversity action. In addition to seeking a permanent injunction and damages, P also seeks a preliminary injunction to prevent D from violating P's rights during the time necessary to adjudicate P's claim. In response to P's claim, D maintains that P gave D permission to dump the dirt. Assume that after a hearing, the U.S. District Court denies the preliminary injunction on the ground that P has failed to demonstrate a likelihood of success on the merits because D had produced sworn affidavits from several credible witnesses indicating that P had given D permission. P wants to appeal immediately. Is that course of action proper? a. Yes, P may appeal; an order granting or denying a preliminary injunction is appealable immediately. b. No, neither party may appeal an order granting or denying a preliminary injunction because it is not a "final" order. c. No, because P's claim is based on diversity of citizenship; the federal courts of appeals only hear issues of federal law. d. No, for the reasons stated in Answers B and C, above.

P sues D-1 for $1,000 in medical expenses incurred as a result of an automobile accident in a state court. P alleges that D-1's negligence caused the accident and resulting injuries to P. Assume that the jury specifically found D-1 to have been negligent and awarded P $1,000. Assume that D-1 then sued P for $250,000 for personal injuries in the same accident. If D-1's action were in court that used rules that were equivalent of the Federal Rules of Civil Procedure, what could P do? a. P could assert res judicata as an affirmative defense because D-1 violated the compulsory counterclaim rule. b. P could assert res judicata as an affirmative defense because D-1 violated the permissive counterclaim rule. c. P could move to dismiss D-1's action on the ground that the court lacks subject-matter jurisdiction. d. P could not take any of the above actions because not allowing D-1 to sue would violate D-1's due process rights.

P, a citizen of New York, sues D, a citizen of California, in federal district court for $500,000 based on a breach of contract claim. D wants to assert a claim against P in the pending action for libel based on a completely separate occurrence, for which D seeks to recover $500,000. Under these circumstances, what would D's libel claim be called and in what pleading would it be asserted or would D be required to assert the libel claim in a separate action? a. D's libel claim would be a permissive counterclaim and it would be asserted in D's answer in the pending action. b. D's libel claim would be a compulsory counterclaim in the pending action because the amounts sought by both parties is the same. c. D's libel claim would be a permissive crossclaim in the pending action and it would be asserted in D's answer. d. D's libel claim would be a an affirmative defense in the pending action and it would be asserted in D's reply. e. None of the above; D would have to assert D's libel claim in a completely separate action.

P, a guest in D's automobile, sues D, the owner of the automobile, in a civil action for P's personal injuries as a result of a known mechanical defect. D defends by denying that the automobile was defective. P's lawyer calls W, an independent witness, to testify that an hour before the accident, in the presence of the plaintiff and the defendant, a mechanic said: "The spindle on that front wheel may break at any moment." (The spindle is a part of the suspension system that carries the hub for the wheel and attaches to the upper and lower control arms.) If W's testimony is offered to PROVE THE SPINDLE WAS DEFECTIVE, is W's testimony hearsay? a. Yes, the out-of-court statement was previously made and it is offered to prove the truth of the matter contained in the statement (In order to prove that the spindle was, in fact, defective, the statement must be true). b. No, W's testimony is not hearsay because W is present in court and can be cross-examined.

The Fourteenth Amendment of the United States Constitution limits the ability of each state to secure what kind jurisdiction over parties who reside in other states? a. Personal jurisdiction b. Original jurisdiction c. Exclusive jurisdiction d. Special jurisdiction

The tort of defamation refers to a false statement, either spoken ("slander") or written ("libel") that injures someone's reputation. D is making statements about Ms. X indicating that she was involved in criminal activity. Ms. X is now deceased. The administrator of Ms. X's estate, P, wants to sue D for slander. P consults an attorney who agrees that slander of Ms. X had clearly occurred and that substantial damages could be recovered. However, all of the statements being made only after Ms. X passed away. The attorney, representing P, commences an action for damages on behalf Ms. X's estate in a federal district court. Had the attorney done any legal research, the attorney would have found that no cause of action exits for slander of a dead person under the applicable law (and the law of all other jurisdictions in the United States). Would this situation likely be a good one to seek Rule 11 sanctions? a. Yes, because the claim is clearly not warranted by existing law; P's lawyer's failure to do any research is likely to undercut the force of a possible argument that a nonfrivolous argument for extending, modifying, or reversing existing law exits. b. No, because P and P's attorney did not commence the action for an improper purpose, such as to harass D. c. No, because P is likely to have had evidentiary support for the factual allegations made in the complaint. d. No, because the complaint was not presented to cause unnecessary delay or needlessly increase the cost of the litigation. e. Answers, B, C, and D are all correct.

This motion requests that the court vacate the judgment and order another trial to re-examine some or all of the matters from the concluded trial; this motion can be made by any party following both jury trials and bench trials. a. A motion for a new trial b. A pre-answer motion to dismiss for failure to state a claim upon which relief can be granted (12(b)(6)) c. A motion for directed verdict d. A motion for partial findings and judgment as a matter of law e. A motion to extraordinary relief from a judgment

What are the various remedies available to a plaintiff at the outset of a lawsuit that preserve the status quo or prevent the dissipation of assets or other serious harm called? a. Provisional remedies b. Restitutionary remedies c. Coercive remedies d. Declaratory remedies

What is a "consent judgment"? a. A consent judgment is a judgment issued by a judge based on an agreement between the parties to a lawsuit to settle the matter; it is aimed at ending the litigation with a judgment that is enforceable. b. A consent judgment is a judgment based on a debtor acknowledging that the debt is owed; in many instances, this form of judgment is utilized in conjunction with a payment plan; the debtor the judgment as "security" so that if the debtor defaults on a payment plan, the creditor is not faced with a reduced balance which makes it economically inefficient to seek collection in full. c. A consent judgment is a judgment that results from a defendant's failure to respond to a complaint. d. A consent judgment is a judgment that results from an arbitration award; it results from a hearing to confirm the award.

What is a sanction in a civil action designed primarily to coerce compliance with a court order by a party called? a. Civil contempt b. Criminal contempt c. Utter contempt d. Beneath contempt

What is an out-of-court statement offered in court to prove the truth of facts contained in the statement? a. Hearsay b. Incompetent evidence c. Irrelevant evidence d. Protected by privilege

What is the power of a court to hear a certain type or class of cases referred to as? a. Subject-matter jurisdiction b. Limited jurisdiction c. General jurisdiction d. Personal jurisdiction

What is the practical effect of the American Rule governing attorney's fees? a. The attorney's fee of the winning party is ordinarily not a recoverable cost in the United States. b. Attorney fees in the United States can be recovered as part of "taxable costs." c. The losing party in civil actions in the United States must ordinarily pay the other party's "reasonable" attorneys fees. d. Answers B and C, above, are both correct.

What is the seizure of property from the defendant pursuant to court order at or near the beginning of a lawsuit (as a security to satisfy a final judgment in the action if the plaintiff ultimately prevails) called? a. Attachment b. Garnishment c. Replevin d. Receivership

When a case is tried only to a judge in federal court, what will the judge do at the conclusion of the case? a. Make findings of fact and conclusions of law b. Prepare jury instructions c. Enter a default judgment in favor of the winning side d. Order summary judgment in favor of the winning side

When the jury is required to make specific findings of fact (rather than determining just who wins and how much, if anything, the winner recovers), what is that type of jury verdict called? a. A special verdict b. A limited verdict c. A partial verdict d. A general verdict

Assume that a landlord, a citizen of New York, and a tenant, a citizen of New Jersey, are having a dispute over rent totaling $7,600.00. Which of the following statements about this dispute are likely to be ACCURATE? a. A landlord-tenant dispute would normally not involve a federal question for purposes of federal subject-matter jurisdiction because relationships and claims between landlords and tenants come under state law rather than arise under federal law. b. The dispute might involve a federal question for purposes of subject-matter jurisdiction if the tenant asserts that the tenant was being discriminated against on the basis of race in violation of the federal Fair Housing Act (which protects the rights of tenants against racial discrimination). c. A federal district court would have original and concurrent jurisdiction over a civil action involving this dispute between the landlord and the tenant based on diversity jurisdiction. d. The federal courts would have exclusive jurisdiction over this case. e. All of the above statements are accurate.

A and B

Assume that the defendant wants to request the federal district court to order a physical examination of the plaintiff's injured arm that is the basis of the plaintiff's damage claim pending against D. What condition(s) must be met in order for the defendant to succeed in this request? a. Good cause b. The condition of the plaintiff's arm is in controversy c. The need for the examination has been certified by an independent physician d. The condition of the arm is not protected by doctor-patient privilege.

A and B

Which form of action developed into the modern law of contracts? a. Trespass b. Special assumpsit c. Trover d. General assumpsit e. Replevin

A and B

Which motion reflects a situation where there is no need for a trial because no genuine dispute of material fact exists and one of the parties is entitled to judgment as a matter of law? a. A motion to dismiss for failure to state a claim upon which relief may be granted. b. A motion for an voluntary dismissal. c. A motion for summary judgment. d. A motion to drop a misjoined party.

A and C

Which clause(s) or amendment(s) of the U.S. Constitution embodies the fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard? a. Due Process Clause of the Fifth Amendment. b. Full Faith and Credit Clause. c. Supremacy Clause. d. Due Process Clause of the Fourteenth Amendment. e. Necessary and Proper Clause.

A and D

Which of the following are ACCURATE statements about interpleader? a. Interpleader may be used by either plaintiffs or defendants. b. Interpleader is the formal or systematic questioning of a person who claims an interest in the litigation. c. Interpleader involves a stakeholder who is in doubt about which of one or more claimants to property held by the stakeholder. d. Interpleader is typically used so that a stakeholder can avoid double or multiple liability. e. The act of inserting words (often extraneous or false ones) into a pleading to avoid liability.

A, C, and D

A "long-arm" statute is relevant to what area of law? a. Subject-matter jurisdiction b. Personal jurisdiction c. Venue d. Joinder of parties e. Joinder of claims

A "repository" court that can hear any case not exclusively confined to some other set of courts in a state. What type of jurisdiction is that court exercising? a. Original jurisdiction b. General jurisdiction c. Exclusive jurisdiction d. Limited jurisdiction

A person who holds money or property that is subject to completing claims of ownership a. Real Party in interest b. Stakeholder c. Capacity to sue or be sued d. Intervenor e. Third-party plaintiff

What is the procedure by which the testimony of a party or witness may be taken and recorded outside court under oath called? a. An inquisition b. An oral or written deposition c. An interrogatory d. A testamentary declaration

After the jury has returned a verdict, the losing party can request the judge to disregard it and instead enter judgment in the losing party's favor. To request the judge to do so, for what would the losing party TRADITIONALLY move? a. An involuntary dismissal b. Judgment notwithstanding the verdict c. Judgment on the pleadings d. Summary judgment

Assume P believes that D was negligent and caused an accident that injured P. Which one of the following forms of action would P use to assert a claim for damages in an action at common law? a. Trespass b. Trespass on the Case c. Special Assumpsit d. Replevin

Assume a pleading in federal court contains the following allegations: (1) "Defendant admits the allegations in paragraphs ___." (2) "Defendant lacks knowledge or information sufficient to form a belief about the truth of the allegation in paragraph ___." (3) "Defendant admits [a specific part of an allegation] in paragraph ___ and denies the truth of the rest of paragraph." In what document would you expect to find these types of allegations? a. A complaint b. An answer c. A counterclaim d. A motion to dismiss for failure to state a claim upon which relief may be granted

Assume that D embezzles money belonging to P and that D then uses the money to buy shares of stock whose market value later goes up. What theory or remedy would BEST serve P in a civil action in order to recover the stock purchased with P's money and any dividends that stock has directly yielded to the wrongdoer? a. Damages to compensate P for P's economic loses. b. Restitution to prevent D's unjust enrichment at P's expense. c. A declaratory judgment. d. Special assumpsit.

Assume that D owes P a debt of $100,000, but D refuses to pay. Assume that P commences a diversity action in federal district court to collect the debt. Assume that D does not appear in the action or otherwise respond after being properly served with process. Assume the plaintiff brings to the attention of the clerk of the court that the defendant has failed to appear after being served with the summons and complaint. What is the next thing or event that happens? a. The plaintiff can have the sheriff seize the defendant's property and sell it at a sherrif's sale in repayment of the debt. b. The clerk enters default on the record. c. The judge will award the plaintiff with a default judgment, which is just as good as any other judgment. d. The plaintiff need not do anything else; the clerk will mail the plaintiff the default judgment.

Assume that D-1 has trespassed repeatedly on P's land. P sues D-1 for damages for past trespasses inflicted on P's land. Would P have a constitutional right to a jury trial in most American procedural systems? a. Yes, P's action was a local action. b. Yes, because trespass actions like this one would have fallen within a writ of trespass which provided jury trials in actions at common law for damages. c. No, because trespass actions historically were classified as transitory actions. d. No, because the merger of law and equity eliminated the right to a jury trial in most American procedural systems.

Assume that H had a life insurance policy in the amount of $500,000, payable to "my favorite wife." It turns out that H had three wives, all of whom H had divorced. W-1 sued the insurance company for the policy proceeds in an appropriate federal district court. The insurance company fears that W-2 and W-3 will also claim the policy proceeds. What should the insurance company do to protect itself from multiple liabilities? a. The insurance company should crossclaim against W-2 and W-3. b. The insurance company should counterclaim for interpleader, joining W-2 and W-3 to join in the action in order to litigate their claims in a single action. c. The insurance company can do nothing because the decision in the pending against brought by W-1 will bind W-2 and W-3. d. The insurance company should move to dismiss the action on the ground that the action is not justiciable.

Assume that P and D have had an automobile accident. P wants to eliminate the need of calling witnesses or presenting testimony at trial to establish conclusively that D was driving D's car in excess of the posted speed limit when the accident occurred. Which one of the following devices would be the BEST one to do so? a. An oral deposition b. A request for admission c. An interrogatory d. A subpoena e. A deposition upon written questions

What is the rule that requires most appeals be taken at the end of the lawsuit to prevent the disruption of the pretrial and trial process called? a. Partial judgment rule b. Final judgment rule c. Interlocutory judgment rule d. Declaratory judgment rule

Assume that P sues D in a U.S. District Court based on the requisite diversity and amount in controversy. P's complaint asserts that D negligently drove D's vehicle into P. What burden of proof will P have with regard to the elements of P's negligence claim (duty, breach of duty, causation, and damages)? a. A scintilla of evidence b. A preponderance of the evidence c. Clear and convincing evidence d. Beyond a reasonable doubt

Assume that P wants to sue D for a breach of contract. In a common-law action, which one of the following forms of action would P have used? a. Trespass b. Special Assumpsit c. General Assumpsit d. Conversion

Assume that P's complaint in a federal court action against D-2 alleges that D-2 negligently drove into D-1's truck at a particular date and time. Assume that D-2 agrees that D-2 negligently crashed into D-1's truck, but D-2 believes that P will not be able to prove it. In light of Federal Rule 11(b) (representations to the court), what is D-2 entitled, obligated, or permitted do in such a situation? a. D-2 is entitled to make P prove all elements of P's claim and thus D-2 is entitled to deny P's allegations with regard to the accident. b. D-2 is obligated to admit all allegations in D-2's answer that D-2 knows are true. c. D-2 can move for sanctions pursuant to Rule 11(b) because P's factual contentions do not have evidentiary support. d. D-2 can deny P's allegations with regard to the accident because D-2 lacks knowledge or information sufficient to form a belief about the truth of P's allegations; that statement will have the effect of a denial, as provided Federal Rule 8(b)(5) (lacking knowledge or information).

Assume that a civil action is pending in federal court and that the ISSUE before the court is how a defendant should request the court to delete what the defendant believes to be scandalous allegations in the plaintiff's complaint. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately states the rule or rules applicable to this situation? See Casebook 4th, page 53. a. The plaintiff is allowed to use any language to describe the plaintiff's claim for relief as long as it is not being presented to cause unnecessary delay, or needlessly increase the cost of litigation and it gives the opposing party '"fair notice" of the claim being asserted. b. The court may strike from a pleading an insufficient defense or any scandalous matter. (The court may act: (1) on its own; or (2) on motion made by a party either before responding to the pleading as provided in Federal Rule 12(f) or, if a response is not allowed, within 21 days after being served with the pleading.) c. Both answers A and B, above, state the applicable rules.

Assume that a defendant in a common-law action answered the declaration with a plea of confession and avoidance. What is the modern analogue of this plea? a. A denial in the defendant's answer b. An admission of the plaintiff's allegations and an assertion of an affirmative defense c. An assertion of a counterclaim d. A motion to dismiss on the ground that the complaint fails to state a claim upon which relief may be granted

Assume that a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue in federal court. Under those circumstances, the court may enter judgment against the party on a claim or defense if, under the controlling law, that claim or defense can be maintained or defeated only with a favorable finding on that issue. Under the Federal Rules of Civil Procedure, what would that result be called? a. A verdict against the plaintiff or defendant b. A judgment based on partial findings c. A summary judgment d. A writ of mandamus

Assume that a state statute provides as follows: "The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained. Nonetheless, no action shall be commenced pursuant to this section with respect to an injury after ten years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury regardless of when the cause of action or claim accrues or the defect is discovered." Assume that the legislative history of this section indicates that the sole purpose of the ten-year limitation is to prevent defendants from answering claims where evidence may prove elusive due to unavailable witnesses (perhaps deceased), faded memories, lost or destroyed records, and institutions that no longer exist. The ten-year limitation is MOST LIKELY an example of what kind of provision? a. This kind of provision, known as a statute of repose, is most likely an example of a provision enacted for a "substantive" purpose. b. This kind of provision, known as a statute of repose, is most likely an example of a provision enacted for a "procedural" purpose.

Assume that a state tort civil action was filed in a state court and the defendant lost in the state trial court. Assume that the defendant has appealed to the state's highest court and the defendant again loses. The defendant then appeals to the United States Supreme Court. The ISSUE before the Court is whether the Court has jurisdiction to hear the case. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately states the rule or rules applicable to this situation? See Casebook 4th, pages 74-75. a. At this point, the defendant has the right to remove the case from the state court to the U.S. Supreme Court if the defendant believes the state court's decision is erroneous and it could have originally been brought in federal court based on diversity; that means that the case would be moved to the U.S. Supreme Court if the Court decides to permit removal. b. The highest state court's decision can be appealed to the Supreme Court of the United States, but only where there is a question dealing with federal law. c. All issues involved in the case can be reviewed but only if the U.S. Supreme Court grants a writ of certiorari. d. The appeal to the U.S. Supreme Court would not be permitted because such an appeal would violate the final judgment rule.

Assume that in a federal court civil action, the court orders the plaintiff to respond to the defendant's answer containing only admissions, denials, and affirmative defenses. What is the name of the pleading that the plaintiff must serve to comply with this order? a. An answer b. A reply c. A confession and avoidance d. A demurrer

Assume that in an action by P against D in federal court, P wins a judgment for $100,000. D believes that the judge admitted evidence at trial that was inadmissible under the Federal Rules of Evidence. Under these circumstances, what is the proper motion for D to seek to remedy and correct the error? a. A motion for judgment as a matter of law. b. A motion for a new trial. c. A motion for judgment notwithstanding the verdict. d. A motion to set aside the judgment under Federal Rule 60 ("Relief from a Judgment or Order").

Assume that the plaintiff brought a diversity action against the defendant in a U.S. District Court based upon an alleged battery. At trial, the defendant asserts that the battery was in self-defense. The ISSUE before the court is how and when that defense should be raised in the litigation. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately states the rule or rules applicable to this situation? See Casebook 4th, page 53-54. a. A defense based on facts other than those that support the plaintiff's claim may be raised at any time, even at trial. b. The defendant is required to serve an answer to a complaint; in responding to the complaint, a party must state in short and plain terms its defenses to each claim asserted against it; In doing so, a party must affirmatively state any avoidance or affirmative defense. c. Affirmative defenses are reasons the defendant gives for why a plaintiff should not win; self-defense is an affirmative defense that can be raised the first time on appeal in the interests of justice because of its importance. d. None of the above answers accurately states the rule or rules applicable to this situation.

Assume that the plaintiff commences an action against a defendant in a federal district court and serves the defendant with a summons and complaint. Assume that the defendant fails to respond as required by the summons. What should the plaintiff do to take advantage of the defendant's default? a. The plaintiff should move for summary judgment. b. The plaintiff should call the default to the attention of the clerk of the court. c. The plaintiff should seek to hold the defendant in contempt of court. d. The plaintiff should serve the defendant with the process again in order to give the defendant a second chance to respond in order to comply with the requirements of Rule 11. e. The plaintiff should move to amend the plaintiff's complaint to ask for more damages given the fact that the defendant has defaulted.

Assume the P had brought a negligence action against D-1 in a COMMON-LAW COURT, which of the following would have been the proper way to raise the issue that P had commenced the action in the wrong location? a. General demurrer b. Dilatory plea c. Traverse d. Confession and avoidance

By what means would a response disputing the allegations of the plaintiff's complaint be made under the Federal Rules of Civil Procedure? a. A rebuttal b. An answer c. A reply d. A supplemental pleading

Every action in federal court must be brought in the name of the person seeking to enforce the right asserted in the action. What is such a person called? a. The responsible party b. The real party in interest c. The party-in-chief d. A mandatory (indispensable) party

Federal and state constitutions do not guarantee jury trials in all cases. What grounds primarily determine the kinds of cases in which a right to a jury trial exists? a. Statutory grounds b. Historical grounds c. Discretionary grounds d. Practical grounds

How may a violation of an injunction be punished? a. By holding the violator in contempt of court b. By entering summary judgment against the violator c. By entering a declaration of noncompliance against the violator d. Placing the violator's spouse in jail

If P had sued D-1 and D-2 in a COMMON-LAW COURT, which of the following would have been the proper method by which D-1 and D-2 could have raised their personal jurisdiction objection? a. General demurrer b. Dilatory plea c. Traverse d. Confession and avoidance

If a court determines that (1) a person should be joined in a lawsuit but cannot be for some reason and (2) the lawsuit should be dismissed because of the failure to join that person, what is the absent person called? a. A necessary party b. A mandatory (indispensable) party c. A real party in interest d. An incapacitated party

If the defendant fails to appear in the action after the defendant has been properly notified, what is the judgment that may be entered against the defendant called? a. A contempt judgment b. A default judgment c. A supplemental judgment d. An interlocutory judgment

In a federal court action, if P is unsure whether D-1 or D-2 , or both, were negligent and thus responsible for P's injuries, what action should or must P take or how should P plead? a. P should plead hypothetically (If . . . then . . .). b. P should plead alternatively (Either . . . or . . . , or both of them). c. P should commence two actions because P is prohibited from pleading inconsistently in federal court. d. P must commence two separate actions because P is unable to plead "simply, concisely, and directly" as required by Federal Rule 8(d)(1).

In most procedural systems, a party can challenge a certain number of jurors without stating a reason. What are such challenges called? a. Exclusionary challenges b. Peremptory challenges c. Deportation challenges d. Exemplary challenges

In what document should claims that the defendant has against the plaintiff which arise out of the same transaction or occurrence that is the subject matter of the plaintiff's claim be alleged? a. The defendant's rebuttal b. The defendant's answer c. The defendant's reply d. The defendant's supplemental pleading

P sued D-1 in a U.S. District Court in Wisconsin in the judicial district where P resides. Based on the facts stated in Problem 1-1, P's complaint demanded from D-1 (1) $100,000 in damages for D-1's trespass, battery, and negligence, (2) $20,000—the prize for the fish—on the basis of unjust enrichment, and (3) $5,000 in attorney's fees. Assume D-1 moves for a dismissal pursuant to Rule 12(b)(7) because D-1 believes D-2 is an "indispensable" party. The court denies D-1's motion. D-1 then realizes for the first time that (1) D-1 has a valid venue objection and (2) the applicable law clearly does not allow P to recover attorney's fees. Can D-1 serve a second preanswer motion based on these defenses? a. Yes, D-1 can assert both defenses in a second preanswer motion. b. No, D-1 can no longer raise the venue objection, but D-1 could raise the attorney's fee issue in D-1's answer. c. No, D-1 can no longer raise the attorney's fee issue, but D-1 could raise the venue objection in D-1's answer. d. No, D-1 has waived both objections by failing to include it in D-1's preanswer motion based on objection to join an indispensable party.

P sues D-2 in a STATE COURT in Ohio in where D-2 resides. Even though the action has been commenced in D-2's current home state, D-2 is planning to move to Minnesota soon and feels that it would be more convenient for everyone if the action were litigated in Minnesota where the accident occurred. Is there a way for D-2 to seek to have the action heard in a state or federal court in Minnesota? a. D-2 could first remove the action from Ohio state court to an Ohio federal court and then move to transfer the action to a state or federal court in Minnesota. b. D-2 could move for a forum non conveniens dismissal on the ground that Minnesota is a substantially more convenient alternate forum. c. D-2 could seek to have the Ohio state court transfer to the action to a Minnesota state or federal court on the ground that Minnesota is a substantially more convenient alternate forum. d. D-2 should be reconciled to the fact that it is impossible to have the action brought in Minnesota if P objects.

P, a citizen of Texas, sues D, a citizen of Montana, to recover for a trespass to land located in Minnesota. P's action was commenced in a Utah state court. Personal jurisdiction is obtained over D by personally serving D with process while D was physically present in Utah. P seeks to recover $100,000. How could D get the action moved to a Minnesota state court where the land is located? a. D could move to transfer the action to the appropriate Minnesota state court. b. D could move for a forum non conveniens dismissal. c. D could petition for removal to the Utah federal district court and then, after removal, move to transfer the action to appropriate Minnesota state court pursuant to 28 U.S.C. § 1404(a), the federal transfer statute. d. It is impossible for the action to be moved to a Minnesota state court.

The Federal Rules of Civil Procedure permit the defendant at an early stage in the lawsuit to serve a motion to dismiss the action because the complaint fails to state a claim upon which relief may be granted. In a code-pleading state, by what method could this same type of objection (failure to state facts sufficient to constitute a cause of action) be made? a. A request for admission b. A demurrer c. A complaint d. A request for sanctions

The federal courts are all courts with what kind of jurisdiction? a. Exclusive jurisdiction b. Limited jurisdiction c. General jurisdiction d. Concurrent jurisdiction

This motion is used when the plaintiff fails to allege sufficient facts which--if taken as true--would indicate that a violation of law occurred or that the claimant is entitled to a legal remedy. a. A motion for a new trial b. A pre-answer motion to dismiss for failure to state a claim upon which relief can be granted (12(b)(6)) c. A motion for directed verdict d. A motion for partial findings and judgment as a matter of law e. A motion to extraordinary relief from a judgment

Under the Federal Rules, the following is an example of what type of discovery device? "If you contend that the personal injuries of Plaintiff were not caused by the collision with your vehicle, state with particularity the facts upon which you base your contention." a. Request for admission b. Interrogatory c. Request for the production d. Request for physical or mental examination

What are remedies that seek to prevent unjust enrichment of the defendant at the expense of the plaintiff called? a. Damage remedies b. Restitutionary remedies c. Coercive remedies d. Declaratory remedies

What is a sanction in a civil action designed primarily to vindicate the authority of a court when a party has violated a court order called? a. Civil contempt b. Criminal contempt c. Judicial contempt d. Total contempt

What is a warning to third parties stating that they are not to pay assets to the defendant but are instead to hold them subject to further order of the court called? a. Attachment b. Garnishment c. Replevin d. Receivership

What is the field of law called that deals with the selection of the applicable law? a. Res judicata b. Conflict of laws c. Forum non conveniens d. Venue e. Federalism

What is the modern analogue of a general demurrer used in common-law pleading? a. An answer b. A motion to dismiss for failure to state a claim upon which relief may be granted c. An affirmative defense d. A motion to strike

What is the notice given to the defendant in a lawsuit commanding the defendant to appear and defend called? a. A subpoena b. A summons c. A complaint d. A return of service

When a party can demonstrate that there is no genuine dispute as to any material fact exists in the case and that party is entitled to judgment as a matter of law, for what can the party successfully move? a. An involuntary dismissal of the action b. Summary judgment in the action c. Judgment on the pleadings in the action d. A default judgment in the action

Which of the following writs authorizes a public official, such as a sheriff, to seize property of the defendant and sell it at a public auction for the purpose of satisfying a judgment in a civil action against the defendant? a. Mandamus b. Execution c. Habeas corpus d. Corum nobis

Which one of the following statements, if any, about the cost of litigation and the adversary system in the United States is NOT correct? a. A judgment in a civil lawsuit will ordinarily award "costs" to the prevailing party. However, under the "American" rule, the attorney's fees of the winning party are ordinarily not a recoverable cost. b. The most expensive part of litigation is the filing fee. c. The Anglo-American legal system relies primarily on an adversary process where the parties begin the lawsuit, define the issues, develop proof in support of their respective positions, and present that proof to the court. d. The Federal Rules of Civil Procedure provide a significant restraint on a pure adversary system, including a specific restriction prohibiting the parties from presenting pleadings, motions, or other papers to the court for any improper purpose, such as to harass or to cause unnecessary delay, or needless increase in the cost of litigation. e. All of the above statements are correct.

Which of the following would NOT be examples of the proper use of a writ of trespass? a. Assault and battery b. Negligence c. Injuries to land d. Taking of personal property e. Nuisance

B & E

Assume that P, the seller, sues D, the buyer, for breach of contract in a civil action in federal district court. D moves to dismiss the action on the ground that the court lacks subject-matter jurisdiction pursuant to Federal Rule 12(b)(1). The motion is denied. Which of the following defenses would D be PERMITTED TO INCLUDE in D's answer? a. The defense that venue is improper. b. The affirmative defense of failure of consideration (A "failure of consideration" defense can be asserted when mutual promises are made in a contract, but after the contract's inception, a party's promised consideration does not adhere to the contract). c. The defense of a failure to state a claim upon which relief may be granted. d. The defense that the service of the summons was improper. e. The constitutional defense that the court lacks personal jurisdiction over D.

B and C

Which of the following is an ACCURATE definition or description of "intervention"? a. The rules and principles used to determine controversies between residents of different states b. The act of entering into a lawsuit by (1) a third party who has an interest in the outcome of the lawsuit and (2) who has not been a named a party to the action previously. c. The method used to distribute property owned by a person who died while a lawsuit was pending against that person. d. The legal procedure by which a third party is allowed to become a party to the litigation.

B and D

A lawsuit in which a party raises the validity of a judgment rendered in a prior action is an example of what kind of attack on a judgment? a. A direct attack on a judgment b. An indirect attack on a judgment c. A collateral attack on a judgment d. A delayed attack on a judgment

A person who is legally capable and qualified to commence or defend civil actions a. Real Party in interest b. Stakeholder c. Capacity to sue or be sued d. Intervenor e. Third-party plaintiff

- D-1 admitted using the cabin on the land and to catching fish in the pond on P's property without permission. D-1 punched P and broke P's nose. D-1 won a large prize in a local contest for one of the fish D-1 caught. - D-1 took P to the emergency room in D-1's pickup truck. En route, D-1's truck collided with D-2. Either D-1 and D-2, or both, may have been driving too fast for the conditions. On the facts of Problem 1-1 and assuming that P, a citizen of Wisconsin, sued D-2, a citizen of Ohio, in an Minnesota state court for $100,000 and that D-2 would prefer to litigate in a federal district court in Minnesota instead, is there a way for D-2 to have the case moved to the appropriate federal district court in Minnesota? a. Yes, D-2 should move for a forum non conveniens dismissal. b. Yes, D-2 should seek a motion to transfer the action from state court. c. Yes, D-2 should file a notice of removal in federal district court and request removal of the state court action to federal district court. d. No, D-2 cannot have the case moved to federal court because P must be in P's home state court in order for D-2 to properly seek removal.

Assume D-1 calls P a thief in the presence of W. P sues D-1 for damages for slander. At trial, P calls W to testify that D-1 made the statement. Assuming W is allowed to testify, which of the following pieces of evidence is MOST LIKELY to be a permissible basis for D-1 to try to show that W is lying? a. W is ninety years old and is blind. b. W was previously convicted of speeding in a shiny red super stock Dodge on Colorado Boulevard in Pasadena, California. c. When W was a young woman, W was convicted of falsing telling an elderly man that W was his long-lost daughter with the intent of causing him to transfer the title of his vacation house to W. d. W was an alcoholic because she drinks too much.

Assume P and D are having a dispute over who owns a tract of land which D is occupying. At an action at common law, what form of action should P use to determine title to the land and gain possession of it? a. Trover b. Special assumpsit c. Ejectment d. Trespass on the case e. General assumpsit

Assume P wants to establish facts about the highway layout and conditions which P believes will be undisputed by the defendants. Which one of the following procedural devices should P use to establish those facts in the least expensive way? a. Oral deposition b. Deposition upon written questions c. Request for admission d. Interrogatories

Assume P, a citizen of New York, sues D, a citizen of Florida, for false imprisonment in a federal district court seeking $150,000 in damages. Neither P nor D demand a jury trial. Will this action be tried to jury? a. Yes, there will be a jury trial because (1) both P and D have a constitutional right to a jury trial under the Seventh Amendment and (2) an action seeking damages based on false imprisonment would have been tried in law courts in England before the merger of law and equity. b. Yes, there will be a jury trial because the value in controversy shall exceed twenty dollars. c. No, the right to a jury trial was waived even though either party was entitled to one under the Seventh Amendment. d. Yes, for the reasons stated in Answers A and B, above.

Assume a witness lacks the capability of expressing himself or herself concerning the matter in question or lacks an understanding of the duty to tell the truth. Which one of the following grounds would be the proper basis for objecting to that witness' testimony in court? a. Relevancy b. Materiality c. Competency d. Speculation

Assume that D owns a nice tract of land with a pond and cabin on it. P sues D in federal district court for breach of a contract to sell land to P. I, who is occupying the property, subsequently learns of P's lawsuit and wants to join the ongoing litigation between P and D, either as a matter of right or at the discretion of the court because I believes that I has acquired title to the land by means of adverse possession. Under the Federal Rules of Civil Procedure, what is the proper means for I to attempt to join the lawsuit (without the permission of P and D)? a. A request for admission b. Impleader c. Intervention d. A crossclaim

Assume that D-1 is named a defendant in a lawsuit. Assume further that D-2 previously had agreed to reimburse (indemnify) D-1 for any amount that D-1 is legally liable to pay to the plaintiff under certain circumstances, but D-2 disputes that the agreement covers this situation. What procedure D-1 could use to join D-2 in the lawsuit? a. Intervention b. A crossclaim c. Impleader d. Interpleader

Assume that P alleges that D was negligent in operating D's motor vehicle. D believes that P also was negligent. If D alleged in the answer that P was contributorily negligent, such an allegation would be an example of what type of defense? a. A special defense b. A general defense c. An affirmative defense d. An interlocutory defense

Assume that P has commenced an action against D-1 in a U.S. District Court of Minnesota and that P is seeking $70,000 in damages for D-1's trespass, battery, and negligence and $20,000 (the prize for the fish). D-1 believes that P's negligence (by grabbing the steering wheel just before the accident) contributed to the accident and thus P cannot recover even if D-1 had been negligent too. How should D-1 raise this issue? a. By serving a motion to dismiss based on Federal Rule 12(b)(6) (failure to state a claim upon which relief may be granted). b. By denying D-1's negligence in D-1's answer. c. By asserting contributory negligence in D's answer as an affirmative defense (as provided by Federal Rule 8(c)). d. By taking either of the actions stated in Answers A and C, at D-1's option.

Assume that P has commenced an action against D-1 in a U.S. District Court of Minnesota and that P is seeking $70,000 in damages for D-1's trespass, battery, and negligence and $20,000 (the prize for the fish). D-1 believes that P's negligence (by grabbing the steering wheel just before the accident) contributed to the accident and thus P cannot recover even if D-1 had been negligent too. How should D-1 raise this issue? a. By serving a motion to dismiss based on Federal Rule 12(b)(6) (failure to state a claim upon which relief may be granted). b. By denying D-1's negligence in D-1's answer. c. By asserting contributory negligence in D's answer as an affirmative defense (as provided by Federal Rule 8(c)). d. By taking the either of the actions stated in Answers A and C, at D-1's option.

Assume that P has properly commenced an action against D-1 for trespassing and has been awarded damages. Assume D-1 has continued to trespass after damages have been awarded for prior trespasses, which of the following remedies would most effectively discourage D-1 from continuing to trespass on P's land? a. Ejectment b. Unjust enrichment c. Injunctive relief enforced by contempt d. Declaratory judgment

Assume that P has sued D-1 for damages related to the trespass and battery in a federal district court and that P has joined D-2 in the same suit based on D-2's alleged negligence in the accident. What is the correct procedural method for D-2 to raise the issue that D-1 and D-2 are improperly joined? a. By serving a motion pursuant to Federal Rule 12(b)(6) (failure to state a claim upon which relief can be granted). b. By serving a motion pursuant to Federal Rule 12(b)(7) (failure to join a party under Rule 19) c. By serving a motion pursuant to Federal Rule 21 (misjoinder and nonjoinder of parties). d. By asserting the misjoinder in D-2's answer pursuant to Federal Rule 8(c) (affirmative defenses).

Assume that P properly sues D based on a violation of a federal statute in a U.S. District Court. Assume that D moves to dismiss the action on the ground that the summons was defective pursuant to Federal Rule of Civil Procedure 12(b)(4) ("insufficient process"). The motion is denied. D then moves to dismiss the action on the ground that the venue in the action is improper pursuant to Federal Rule of Civil Procedure 12(b)(3) ("improper venue"). Is D's second motion proper? a. Yes, because the Federal Rules of Civil Procedure permits as many pre-answer motions as long as the obligations of Federal Rule 11 are met b. Yes, because no defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion. c. No, because a party that makes a motion under Rule 12 is not allowed to make another motion under Rule 12 raising a defense or objection that was available to the party but omitted from its earlier motion; in fact, the venue objection has been waived. d. Answers A and B, above, are both correct.

Assume that P sues D-1 and D-2 in a federal district court based on diversity of citizenship and more than the requisite amount in controversy. Assume D-1 and D-2 believe that they have been improperly joined in the action. What should D-1 and D-2 do to properly raise the misjoinder? a. D-1 or D-2 should move to dismiss the action using a preanswer motion based on P's failure to state a claim upon which relief may be had. b. D-1 or D-2 should move to dismiss the action using a preanswer motion on the ground that venue is improper. c. D-1 or D-2 should move to have the improperly joined party dropped pursuant to Federal Rule 21. d. D-1 or D-2 should move to dismiss the action because D-1 and D-2 are not mandatory parties required to be joined by Federal Rule 19.

Assume that P, D-1, D-2, and D-3 have had a four-car accident. All parties are citizens of different states. P commences a diversity action in federal court against D-1 and D-2 based on their alleged negligence (but does not sue D-3) . P seeks to recover for P's injuries and damages in the amount of $150,000. If D-1 believes that the accident was entirely D-2 and D-3's fault and wants to recover for D-1's own damages from them, how should D-1 assert the claims against D-2 and D-3? a. D-1 should assert crossclaims against D-2 and D-3 in D-1's answer. b. D-1 should serve D-2 and D-3 with third-party complaints asserting their liability. c. D-1 should assert a crossclaim against D-2 in D's answer asserting D-2's liability and should serve D-3 with a third-party complaint asserting D-3's liability. d. D-1 should assert a crossclaim against D-3 in D's answer asserting D-3's liability and should serve D-2 with a third-party complaint asserting D-2's liability.

Assume that a civil action is filed in a United States District Court. The suit is based on a diversity of citizenship and the requisite amount in controversy. How would the jurisdiction exercised by the court be described? a. Supplemental, exclusive, and appellate. b. Exclusive, original, and personal. c. Limited, concurrent, and original. d. General, exclusive, and concurrent. e. Appellate, pendant, and final.

Assume that the jury returns a verdict of $500,000 in federal court civil action, but due to a clerical error, the judgment entered by the court is for only $50,000. What method should the plaintiff use to correct this clerical error? a. P should seek to correct the mistake by moving for judgment as a matter of law pursuant to Federal Rule 50(b). b. P should move for extraordinary relief from a judgment pursuant to Federal Rule 60(b). c. P should move to alter or amend the judgment no later than 28 days after the entry of the judgment pursuant to Federal Rule 59(e); after 28 days, the plaintiff should move to correct the clerical mistake pursuant to Federal Rule 60(a). d. P has to move for a new trial pursuant to Federal Rule 59; judgments cannot be altered once they are entered.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the defendant can properly bring into the action a second defendant by serving a summons and a third-party complaint on the new defendant. The next step in IRAC is to state the RULE or rules governing the issue. Which the following most accurately state the appropriate rule or rules? See Casebook 4th, page 57. a. A party may join, as independent or alternative claims as many claims as it has against an opposing party or even a nonparty. b. A party may join any third party if the party to the pending action asserts any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences of the plaintiff's claim and any question of law or fact common to all plaintiffs will arise in the action. c. A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. d. None of the above answers is accurate or appropriate.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the plaintiff has lost the right to assert the claim in the present action because the plaintiff in some way failed to assert the claim in a prior action. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately states the potentially appropriate rule or rules? See Casebook 4th, pages 39 and 56. a. A party may not divide a single or indivisible claim or related claims into separate parts and then bring separate suits upon it, either in the same court or in separate courts or jurisdictions. b. A compulsory counterclaim is a claim made by a defendant against a plaintiff that arises from the same transaction or occurrence as the plaintiff's claim; a party who fails to assert a compulsory counterclaim in the defendant's answer in a prior action waives the claim and it cannot be the basis of a new action. c. Answers A and B, above, both accurately state rules potentially applicable in this situation. d. Neither Answer A nor B, above, accurately states rules potentially applicable in this situation.

Assume that a court concludes that an adjudication of a civil action would be inappropriate because the issue presented is not sufficiently important and appropriate for judicial decision. Which of the following statements would be MOST LIKELY used to describe this situation? a. The case is moot. b. The case is not ripe for decision. c. The case is not justiciable. d. The case does not involve a "gross violation" of a duty.

Assume that a party wants to compel a physical or mental examination pursuant to Federal Rule 35. Which one of the following is NOT a requirement for such an examination? a. The examination must be of a party or a person in the custody or control of a party. b. Good cause c. Privilege d. The examination must relate to a physical or mental condition in controversy.

Assume that after a trial to a jury in P's personal injury action against D-1, the jury returns a verdict in favor of D-1. P believes that the judge erred during the trial when the judge excluded certain evidence offered by P after D-1 objected. Which post-trial motion is appropriate to bring this error to the trial court's attention? a. A motion for judgment nothwithstanding the verdict or a judgment as a matter of law. b. A motion to alter or amend the judgment. c. A motion for a new trial. d. A motion for extraordinary relief from the judgment.

Assume that all parties agree that a document is genuine. What is the easiest and most direct procedure that can be used to eliminate the need to submit proof of its genuineness at trial? a. To assert that the document is genuine in the complaint or the answer b. To take the opposing party's deposition and confirm that the document is genuine c. To submit a request for admission d. To send the opposing party an interrogatory seeking to verify the document's genuineness under oath

Assume that the defendant is sued for negligence. The defendant has a factually unrelated breach-of-contract claim against the plaintiff. Under the Federal Rules of Civil Procedure, if the defendant asserts this contract claim in the defendant's responsive pleading, how would the claim be described? a. It would be an affirmative defense. b. It would be a permissive crossclaim. c. It would be a permissive counterclaim. d. It would be a compulsory counterclaim.

Assume that the plaintiff attempts to introduce evidence that does not have any tendency to make a fact of consequence in the action more or less probable. What is the proper objection for the defendant to make? a. The evidence is hearsay. b. The witness is incompetent. c. The evidence is irrelevant. d. The evidence is protected by privilege.

Assume that the plaintiff's lawyer submits written questions to the defendant's lawyer in advance of the defendant being asked the questions orally by a presiding officer and the defendant having to answer the questions under oath. Under the Federal Rules, this is an example of what type of discovery device? a. A deposition by oral examination b. An interrogatory c. A deposition upon written questions d. A deposition to perpetuate testimony

Assuming P sued D-1 and D-2 in a U.S. District Court in Wisconsin, how could D-1 and D-2 raise the objection to personal jurisdiction under the Federal Rules of Civil Procedure? a. By serving a motion to dismiss under Federal Rule 12(b)(2) (lack of personal jurisdiction) before answering P's complaint. b. By raising lack of personal jurisdiction as a defense in D-1 and D-2's respective answers. c. By taking either of the actions described in Answers A and B, at the defendants' option. d. By asserting that the parties have been improperly joined pursuant to Federal Rule 21.

Assuming that D-1 has trespassed repeatedly on P's land and D-1 is threatening to continue to do so in the future, if P sues D-1 for an injunction to prevent D-1 from trespassing in the future, would P have a constitutional right to a jury trial in most American procedural systems? a. Yes, because a diversity of citizenship exists. b. Yes, but only if P (or D) demanded it. c. No, because P's action would have historically been tried without a jury in an equity (chancery) court. d. No, because P would have had historically an adequate remedy at law.

Assuming that P has commenced an action against D-1 in a U.S. District Court of Minnesota and that P is seeking $70,000 in damages for D-1's trespass, battery, and negligence and $20,000 (the prize for the fish), what would D-1 need to do to properly raise the defense that P has waited too long to sue and thus P's claim is barred by the applicable statute of limitations? a. D-1 would serve a motion to dismiss pursuant to Federal Rule 12(b)(3) (improper venue). b. D-1 would deny P's allegations in D-1's answer. c. D-1 would assert in D-1's answer that "The plaintiff's claim is barred by the statute of limitation because it arose more than [number] years before this action was commenced." d. D-1 could take any of the actions described in Answers A, B, and C, at D-1's option.

Assuming the P had brought the action against D-1 in a COMMON-LAW COURT, which of the following would have been the proper way to dispute the allegation that D-1 had been negligent? a. General demurrer b. Dilatory plea c. Traverse d. Confession and avoidance

D-1 (plaintiff) asserts D-2 (defendant) negligently crashed into D-1's truck and is liable for D-1's damages. D-2 serves an answer denying D-2's negligence and asserting D-1's contributory negligence as an affirmative defense. D-1 believes that D-2 had the "last clear chance" to avoid the accident. (The last clear chance doctrine considers which party had the last opportunity to avoid the accident that caused the harm; therefore, a negligent plaintiff may still recover damages if the plaintiff can show that the defendant had the last clear chance to avoid the accident.) Assuming D-1 does not respond to D-2's answer, what is the effect of D-1's lack of a response to D-2's assertion of contributory negligence? a. The allegations of D-2's affirmative defense of contributory negligence are admitted because "last clear chance" is not listed as an affirmative defense in Rule 8(c) (affirmative defenses). b. The allegations of D-2's affirmative defense of contributory negligence are admitted because a party must admit or deny all allegations asserted against by an opposing party. c. The allegations of D-2's affirmative defense of contributory negligence are taken as denied or avoided because no responsive pleading is required. d. The allegations of D-2's affirmative defense of contributory negligence are taken as denied only if D-1 has evidentiary support of D-1's factual contentions supporting D-1's defense of "last clear chance."

How is an appeal from a U.S. District Court to a U.S. Court of Appeals is ordinarily commenced? a. By filing a petition for a writ of mandamus b. By filing a petition for a writ of prohibition c. By filing a notice of appeal d. By filing a petition for a writ of certiorari

In a civil action, what is the typical (or "default") standard for the burden of proof? a. Clear and convincing evidence b. Beyond a reasonable doubt c. Preponderance of the evidence d. Reasonable belief

In which one of the following acts did Congress authorize the creation of the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure? a. The Rules of Decision Act b. The Process Acts c. The Rules Enabling Act d. The Conformity Act

On whom may written interrogatories may be served? a. Only witnesses to the events involved in the action b. Only on other lawyers in the action c. Only on parties to the action d. Only on defendants in the action

P sued D-1 and D-2 in federal district court for negligence. Assume that D-1 and D-2 have denied P's allegations of negligence. P took D-1's and D-2's depositions in which they both admitted that they had been driving slightly in excess of the posted speed limit. P believes that despite their denials of negligence in their answers, D-1 and D-2 depositions demonstrate that there is no genuine dispute as to any material fact (the issue of their negligence). In other words, they both had been speeding and thus were "negligent as a matter of law." What should P do? a. P should move for judgment on the pleadings because D-1 and D-2 were negligent as a matter of law. b. P should move for an involuntary dismissal rather than judgment on the pleadings because the pleadings themselves do not show that P is entitled to a judgment in P's favor. c. P should move for partial summary judgment because D-1's and D-2's depositions demonstrate that there is no genuine dispute as to any material fact with regard to the issue of their liability (i.e., they both had been speeding and thus were negligent as a matter of law); the only issue left for trial would be the extent of P's damages. d. P may take either of the actions described in Answers B and C, above, at P's option.

P sues D in a civil action for personal injuries received in an automobile accident and recovers $100,000. In a subsequent action by D against P arising out of the same accident, P pleads the defense of res judicata on the ground that the state's compulsory counterclaim rule prohibits D's action. D contends that the prior judgment is invalid because the court admitted evidence in the action that was inadmissible under the applicable rules of evidence. Assuming that this is true, should P's defense of res judicata succeed or fail? a. P's defense of res judicata should fail because of the evidentiary error infecting the first judgment. b. P's defense of res judicata should fail if the evidentiary error infecting the first judgment was one that produced a federal constitutional violation. c. P's defense of res judicata should succeed if the state's compulsory counterclaim rule is the same as Federal Rule 13. d. None of the above answers are correct.

P sues D in a civil action in state court, and D's answer admits the facts of P's complaint and asserts an affirmative defense under state law. The trial court rejects D's defense, and the court is affirmed by the intermediate court of appeals and state supreme court. Under these circumstances, which of the following statements, if any, are CORRECT? a. The U.S. Supreme Court may not grant certiorari and review the state supreme court because the judgment of the state court is not final. b. The U.S. Supreme Court may not grant certiorari and review the state supreme court because the state supreme court is not the highest court of the state in which a decision could be had. c. The U.S. Supreme Court may grant certiorari and review the state supreme court on an issue of federal law in the case. d. None of the above answers are correct.

P sues D-1 for $1,000 in medical expenses incurred as a result of an automobile accident in a state court. P alleges that D-1's negligence caused the accident and resulting injuries to P. After a trial, P wins. P then sues D-1 for $125,000 for (1) pain and suffering and (2) future lost earning capacity. Should P's second suit succeed? a. Yes, because the issues were not litigated in the first action. b. Yes, because issue preclusion does not apply to this situation. c. No, because P is not allowed to split P's claim for relief; P should have asked for all P's damages in the first action; thus, it is said that all aspects of P's claims "merged" into the judgment. d. No, because no new action may be brought on any part of P's "claim" or cause of action; thus, P is said to be "barred" from suing by the judgment.

P sues D-2 in a U.S. DISTRICT COURT in Ohio in where D-2 resides. Even though the action has been commenced in D-2's current home state, D-2 is planning to move to Minnesota soon and feels that it would be more convenient for everyone if the action were litigated in Minnesota where the accident occurred. What should D-2 do? a. D-2 should give up any hope of doing so because no procedural means exist to accomplish what D-2 wants; moving the action would deprive the plaintiff of the plaintiff's choice of forum. b. D-2 should seek a forum non conveniens dismissal. c. D-2 should seek a motion to transfer (pursuant to 28 U.S.C. § 1404(a) "Change of venue"). d. D-2 should serve a notice of removal from Ohio federal district court to Minnesota federal district court. e. D-2 should seek a motion to transfer (pursuant to 28 U.S.C. § 1406 "Cure or waiver of [venue] defects").

P sues D-2 in a U.S. District Court in Ohio in the judicial district where D-2 resides. The action is brought pursuant to 28 U.S.C. §1332(a)(1). P's complaint demands $100,000 from D-2 for negligently causing an aggravation of P's previous injuries. D-2 is properly served with process. D-2 fails to respond or otherwise fails to appear in the action, what should P do? a. Proceed with the action with the D-2 "in absencia." b. Serve a supplemental complaint pointing out D-2's failure and seek additional damages. c. Call the "default" to the attention of the clerk of the court in a proper manner. d. Stop "prosecuting" the action because the action cannot proceed until D-2 enters an appearance in the action.

P, a citizen of New York, commences a diversity action against D, a citizen of Colorado, in federal district court in the Southern District of Florida, to recover for injuries incurred in an automobile accident that occurred in Texas. D appears and moves to dismiss the action on the ground that the summons and complaint were not served in a manner required by Federal Rule 4. After a hearing, the court denies the motion. D then moves to dismiss the action on the ground that the court cannot validly exercise personal jurisdiction over D. Under the Federal Rules of Civil Procedure, would D's second motion be permitted? a. Yes, because the issue of lack of personal jurisdiction was likely not to have been known (and thus not available) at the time of the first motion. b. Yes, because the issue of lack of personal jurisdiction may be raised at any time because of its importance.. c. No, because the issue of lack of personal jurisdiction was waived by D when D failed to consolidate it with D's first motion.. d. No, the issue of lack of personal jurisdiction cannot be raised in a second motion; however, it can be raised in D's answer.

P, a citizen of Texas, sues D, a citizen of Montana, to recover for a trespass to land located in Minnesota. P's action was commenced in a Montana state court. P seeks to recover $100,000. P acquires personal jurisdiction over D by serving D with process at D's home in Montana. D files a timely petition seeking to remove the pending state action to the Montana federal district court (Montana is a single district state). P objects to removal and asks the district court to remand the action. Should the case be remanded? a. Yes, because removal to federal court would violate the federal local action rule. b. Yes, because the pending action could not have been brought in federal court originally. c. Yes, because D is a citizen of Montana. d. No, because the action was removable.

What is the process called in which parties discuss their disputes with the assistance of one or more trained impartial third persons for the purpose of helping the parties reach a mutually satisfactory settlement? a. Arbitration b. Discovery c. Conflict resolution d. Mediation

This motion is made before a case is submitted to the jury and argues that no reasonable jury could find for the opposing party; either the plaintiff or the defendant may make this motion. a. A motion for a new trial b. A pre-answer motion to dismiss for failure to state a claim upon which relief can be granted (12(b)(6)) c. A motion for directed verdict d. A motion for partial findings and judgment as a matter of law e. A motion to extraordinary relief from a judgment

Under the Federal Rules of Civil Procedure, when may a party move for judgment on the pleadings? a. A defendant may move for judgment on the pleadings immediately after the plaintiff has served a complaint that demonstrates on its face that the plaintiff has no claim or right of action on the facts alleged. b. A defendant may move for judgment on the pleadings anytime after the defendant has successfully litigated a motion to dismiss for failure to state a claim. c. A party may move for judgment on the pleadings after the pleadings are closed. d. A party may move for judgment on the pleadings when a party, by resorting to materials outside the pleadings, can demonstrate no genuine dispute to any material fact exists and the party is entitled to a judgment as a matter of law.

What is an appeal that takes place before a final judgment has been rendered in an action called? a. A preemptive appeal b. An expedited appeal c. An interlocutory appeal d. An exceptional appeal

What is an injunction (a court order commanding a party to do or cease doing certain things) an example of? a. A damage remedy b. A restitutionary remedy c. A coercive remedy d. A declaratory remedy

What is the modern analogue of a traverse that was used in common-law pleading? a. An affirmative defense b. A demurrer c. A denial d. A counterclaim

What is the power of a court to impose its decisions on particular parties in a lawsuit referred to as? a. Appellate jurisdiction b. General jurisdiction c. Personal jurisdiction d. Subject-matter jurisdiction

What is the process in which the disputing parties choose or agree to one or more neutral third parties who will make a binding decision in order to resolve the dispute called? a. Adjudication b. Mediation c. Arbitration d. Facilitated negotiation

What is the proper method for the defendant to dispute the truth of the plaintiff's allegations in a complaint under the Federal Rules of Civil Procedure? a. Admit the allegations b. Contradict the allegations c. Deny the allegations d. Amend the allegations

What is the seizure of specific property at the outset of a lawsuit from the defendant to which the plaintiff claims to be entitled to immediate possession called? a. Attachment b. Garnishment c. Replevin d. Receivership

When a case is tried before a jury, what does the jury render? a. A mandate b. A decree c. A verdict d. A judgment

When a dismissal occurs in an action but the plaintiff is not prohibited from bringing a subsequent action on the same claim against the defendant, how is such a dismissal described? a. With a res judicata effect b. On the merits c. Without prejudice d. With an issue preclusion effect

When an action has been commenced in a geographic location within a sovereign's territory that has been authorized by the legislature, what is said to be proper? a. Personal jurisdiction b. Subject-matter jurisdiction c. Venue d. Service of process

When can a party properly move for judgment on the pleadings? a. When a party is able to present materials outside the pleadings to demonstrate that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. b. When the defendant's answer contains a counterclaim that has no legal basis. c. When the pleadings are closed. d. When the plaintiff has used inconsistent, hypothetical, or alternative pleading in the complaint. e. When the defendant fails to appear in the action after being served with the summons and complaint.

When do the Federal Rules of Civil Procedure require a plaintiff to respond to a defendant's answer (assuming the court does not require any special response)? a. The plaintiff must respond when the defendant's answer contains an affirmative defense. b. The plaintiff must respond when the defendant's answer contains a denial. c. The plaintiff must respond when the defendant's answer contains a counterclaim. d. Answers A and C, above, are both situations in which the Federal Rules of Civil Procedure require the plaintiff to respond. e. Answers A, B, and C are all situations in which the Federal Rules of Civil Procedure require the plaintiff to respond.

Which of the following are NOT accurate statements about subject-matter jurisdiction over civil actions commenced in federal court? a. A federal court is presumed to lack subject-matter jurisdiction. b. The party invoking federal jurisdiction bears the burden of persuasion on jurisdiction. c. There will always be some court in the federal system that will be regarded as a court of general jurisdiction. d. The principles of waiver and consent do not apply to subject-matter jurisdictional issues—the actions of the litigants cannot vest a district court with jurisdiction above the limitations provided by the Constitution and Congress. e. A federal court has the obligation to determine subject-matter jurisdiction on its own even if the parties do not raise the issue. f. All of the above statements are accurate.

Which of the following processes involves resolving disputes outside of the judicial system by voluntary participation in a process structured by the agreement of the parties and usually conducted under the guidance and supervision of a trained intermediary? a. Arbitration b. Negotiation c. Mediation d. None of the above

The Federal Rules of Civil Procedure require certain mandatory initial disclosures. Which of the following would NOT need to be disclosed? a. Insurance coverage (which enables counsel for both sides to make the same realistic appraisal of the case so that settlement and litigation strategy are based on knowledge and not speculation) b. Witnesses that the disclosing party may use to support its claims or defenses c. Information that will be used solely for impeachment purposes d. Documents that a party does not intend to use them at trial because they only support the opposing party's claims or defenses

C & D

The plaintiff is required to set forth information about the plaintiff's claim in a pleading. In a federal district court, what is this document called? a. A declaration b. A petition c. A complaint d. A statement of the claim

C & D

A diversity action in a federal district court requires that the claim in dispute (exclusive of interest and costs) be in excess of what amount? a. $2,000 b. $10,000 c. $50,000 d. $75,000

A person who voluntarily enters a pending lawsuit because of a direct interest in its subject matter a. Real Party in interest b. Stakeholder c. Capacity to sue or be sued d. Intervenor e. Third-party plaintiff

After the jury has returned a verdict, the losing party can request the judge to disregard it and instead enter judgment in the losing party's favor. In federal court, what is this post-trial motion NOW called? a. A motion for a new trial b. A motion for judgment notwithstanding the verdict c. A motion for summary judgment d. A motion for judgment as a matter of law

Assume D is repeatedly trespassing on P's land and that an equity court would issue an injunction to prevent D from trespassing in the future. If the equity court also awarded P damages for past trespasses, it would be under which one of the following doctrines? a. The no-waiver, no-consent rule b. The doctrine of laches c. Issue preclusion d. The clean-up doctrine e. The trans-substantive principle

Assume P had brought a negligence action against D-1 in a COMMON-LAW COURT. Which of the following would have been the proper way to raise the issue that P's own negligence contributed to the accident? a. General demurrer b. Dilatory plea c. Traverse d. Confession and avoidance

Assume that D is occupying land that P claims to own. At common law, which one of the following forms of action would P use to try title to the land? a. Trespass b. Trespass on the Case c. General Assumpsit d. Ejectment

Assume that D orally offers to sell a rare coin to P for $100,000 in the presence of W, and P accepts the offer, also in the presence of W. Subsequently, D refuses to go through with the contract, and P sues D for specific performance of the contract. At trial, P puts W on the stand to testify to the oral offer by D and acceptance by P. Under these circumstances, would W's testimony be admissible? a. No, it would be inadmissible as irrelevent. b. No, it would be Inadmissible as immaterial. c. No, it would be inadmissible hearsay. d. Admissible.

Assume that D steals $50,000 from P, goes directly to the race track, and bets it on horse. The horse wins and D wins $250,000. Which one of the following forms of action would P use to recover the stolen money and the winnings in an action at common law? a. Trespass b. Conversion c. Replevin d. General Assumpsit

Assume that D steals P's beloved horse. P wants to get the horse back. Which one of the following forms of action would P use to accomplish this purpose in an action at common law? a. Trespass b. Trespass on the Case c. Conversion d. Replevin

Assume that D, a driver, rear-ended another car due to faulty brakes and that D is sued by the accident victim, P. Assume also that D wants to join the repair shop where the brakes were worked on because of the shop's faulty repair of D's brakes. Which procedural device, if any, should D use to assert that the repair shop is liable for all or part of P's injuries? a. Interpleader b. Claim joinder c. Intervention d. Impleader e. None of the above procedural devices would be appropriate in this situation.

Assume that D-1 calls P a thief in the presence of W, P sues D-1 for damages for slander, P calls W to testify that D-1 made the statement, and D-1 objects W's testimony is hearsay, is D-1's objection valid? a. Yes, because W's testimony is about a previously made statement. b. Yes, because the statement that is the subject of W's testimony took place outside of court. c. Yes, for the two reasons stated in Answers A and B, above. d. No, because the previously made statement is not being offered to prove the truth of the matter contained in the statement.

Assume that P had a life insurance policy issued by M (Mega Insurance Co.) in the amount of $500,000 payable to "my spouse." S-1 sued M for the $500,000. S-2 learns of S-1's action against M for the money. What step or steps could S-2 take to protect S-2's interest in the proceeds? a. S-2 could file a "rule" or "statutory" interpleader action. b. S-2 could serve a third-party complaint on M. c. S-2 could crossclaim for the proceeds of P's life insurance policy, asserting that S-2 is the "real" spouse. d. S-2 could petition to intervene in S-1's action against M.

Assume that P has joined D-1 and D-2 in a negligence action in federal court on the basis that D-1 and D-2 caused P's injuries in the accident. Assume further that D-1 has asserted a crossclaim against D-2 arising out of the automobile accident (e.g., damage to D-1's truck) and that D-2 possesses a claim against D-1 arising out of the automobile accident (e.g., damage to D-2's car). Under these circumstances, what may or must D-2 do? a. D-2 may assert D-2's claim if D-2 wants to do so; however, D-2 is also free to bring a separate action asserting the claim. b. D-2 must assert any claim D-2 has against D-1 arising out of the accident because D-1 and D-2 are "opposing parties" within the meaning Federal Rule 13(a) (compulsory counterclaims). c. D-2 must assert D-2's claim because it "arises out of the transaction or occurrence that is the subject matter" of D-1's claim and it does not require adding another party over whom the court cannot acquire jurisdiction.. d. D-2 must assert the claim for all of the reasons stated in Answers B and C, above.

Assume that P has joined D-1 and D-2 in a negligence action in federal court on the basis that D-1 and D-2 caused P's injuries in the accident. Assume further that D-1 wanted to assert a crossclaim against D-2 for injuries that D-1 received in the accident. How should D-1 do so? a. In a separate pleading labeled as a "crossclaim," as provided in Federal Rule 7(a) (pleadings allowed). b. By asserting a counterclaim in D-1's answer against D-2. c. By serving a "third-party complaint" on D-2. d. By including the crossclaim in D-1's answer to P's complaint.

Assume that P seeks an eye examination and a psychiatric examination of D-2 pursuant to Federal Rule 35. What should P have to show to obtain these examinations? a. D-2's eyesight and mental condition are "in controversy." b. P must have given notice to all parties and the person to be examined, D-2. c. P must convince the court that there is "good cause" for the order requiring D-2 to be examined. d. All of the above requirements must be shown in order to obtain the examinations.

Assume that P sues D for damages in a federal district court. P asserts that D was negligent in operating D's automobile; as a result, D injured P and damaged P's automobile. D serves an answer admitting that the accident occurred, denying D's negligence, and asserting P's contributory negligence as an affirmative defense (which, if true, would be a complete bar to P's claim even if D had been negligent under the applicable substantive law.) P believes that even if P had been negligent, D had the "last clear chance" to avoid the accident. If true, then P could still recover under the applicable substantive law. After D serves D's answer, is P required to plead further to be able to use the "last clear chance" defense at trial? a. Yes, P must serve a "reply" raising the "last clear chance" defense. b. Yes, P must assert a "crossclaim" raising the "last clear chance" defense. c. Yes, P must assert a "counterclaim" raising the "last clear chance" defense. d. No, P is not allowed to respond to D's assertion of P's contributory negligence; D's allegation of contributory negligence is automatically denied or avoided (e.g., by the "last clear chance" defense).

Assume that P sues D in a negligence action for damages to the bumper of P's car. The issue of D's negligence is fully litigated, and D wins and P recovers nothing. Assume that the plaintiff (P) in the prior action then sues the same defendant (D) in a new negligence action for damage caused to the motor of P's car in the same accident. Under these circumstances, it would traditionally be said that the judgment in the first action was what? a. The first judgment "waived" P's second action. b. The first judgment had "divested" P's second action. c. The first judgment had "split" P's second action. d. The judgment "barred" P's second action

Assume that P sues D in a negligence action for damages to the bumper of P's car. The issue of D's negligence is fully litigated, and P recovers $500. If the plaintiff (P) in the prior action then sues the same defendant (D) in a new negligence action for damage caused to the motor of P's car in the same accident, P would be said to done what? a. Severed P's claim or cause of action b. Waived P's claim or cause of action c. Forfeited P's claim or cause of action d. Split P's claim or cause of action

What is the effect of a dismissal "without prejudice"? a. The defendant is prohibited from using the doctrine of res judicata (claim preclusion) in any later action by the same plaintiff on the subject matter. b. The plaintiff retains the right to commence a later action on the claim. c. It is unnecessary for the court in which the subsequent action is brought to determine whether that action is based on the same cause as the original action or whether the identical parties are involved in the two actions. d. All of the above are effects of a dismissal without prejudice.

Assume that P sues D-2 in a state court of State of Minnesota. At the end of the trial, D-2 moves for a directed verdict. This motion is granted by the trial court on the ground that P has not proved an essential element of P's case under the applicable substantive law of the State of Minnesota. Assume that P and D-2 have cross-appealed two alleged errors to the Minnesota Supreme Court: (1) the granting a directed verdict on the ground that P had failed to prove an essential element of P's case; and (2) the denial of D-2's motion to dismiss the action for lack of personal jurisdiction. Assume further that the Minnesota Supreme Court has rejected both appeals. Does the U.S. Supreme Court have jurisdiction to review either of the decisions? a. The U.S. Supreme Court is the highest court in the United States, and, therefore, it has jurisdiction to review both of the decisions. b. The U.S. Supreme Court lacks appellate jurisdiction to review both of the decisions because the Minnesota Supreme Court has the right to determine Minnesota state law. c. The U.S. Supreme Court lacks jurisdiction to review both rulings because the decisions below are "final judgments." d. The U.S. Supreme Court has jurisdiction to review the ruling on lack of personal jurisdiction, but lacks jurisdiction to review the granting of the directed verdict.

Assume that P unexpectedly died from P's injuries in an auto accident. Assume further that S-1 and S-2 are both claiming P's life insurance, which was payable to "my spouse." The insurance company, Mega, wants to join S-1 and S-2 in an action to determine who should receive the policy proceeds. However, before M could use of any special joinder device, M is sued by S-1 for the policy proceeds. Which of the following are actions M might be able to take to protect against a separate action by S-2 against M for the proceeds? a. M could make a Federal Rule 19 (required joinder of parties) objection to force the joinder of S-2 in S-1's action against M. b. M could counterclaim for interpleader against S-1 in S-1's pending action and join S-2 as an additional party to the counterclaim. c. In spite of S-1's pending action, M could commence an independent action for interpleader against S-1 and S-2 and request the court to enjoin S-1's action from proceeding. d. All of the above actions are possible ways that M might be able to protect against a separate action by S-2 against M for the proceeds.

Assume that P's complaint in a federal court action against D-2 alleges that D-2 negligently drove into D-1's truck at a particular date and time. D-2 points out to D-2's attorney that D-2 was in another city at that date and time. Assume that D-2's position is that accident took place, but that it occurred on another day and that D-2 was not negligent. Under these circumstances, what should D-2 do? a. D-2 should deny the allegation because it is P's case and it is P's obligation to allege true facts. b. D-2 should deny the allegation because Federal Rule 11 (b) (representations to the court) requires that P's factual contentions must have evidentiary support. c. D-2 should move for sanctions for violating Rule 11(b) for the reasons stated in Answers A and B, above. d. D-2 should admit in D-2's answer the occurrence of the accident, deny the factual allegations concerning the date, and deny D-2's negligence.

Assume that S is in the possession of money claimed by five other persons. What procedure could S use to sue these five other persons to determine who is entitled to the money? a. Intervention b. A crossclaim c. Impleader d. Interpleader

Assume that a civil action is pending in federal court and that the ISSUE before the court is the condition or conditions justifying granting summary judgment. The next step in IRAC is to state the RULE or rules governing the issue of the grounds for admissibility of evidence. Which of the following reflect rule or rules accurately reflect the proper use of summary judgment? See Casebook 4th, pages 64-65. a. Summary judgment is a judgment entered by a court for one party and against another party without a full trial; either party may make a pre-trial motion for summary judgment; it should be granted when the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. b. Judges may grant partial summary judgment (e.g., a judge might rule on some factual issues, but leave others for trial; alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages). c. Summary judgment challenges the legal sufficiency of the other party's case, as revealed by all the pleadings in the action; in evaluating a motion for summary judgment, the court must accept as true the factual position taken in the nonmoving party's pleading. d. Answers A and B, above, state the proper operation of summary judgment in federal court. e. Answers A, B, and C, above, state the proper operation of summary judgment in federal court.

Assume that a civil action is pending in federal court and that the ISSUE before the court is the proper procedural steps and the consequences when a defendant has failed to appear in action after service of the summons and complaint. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately state rule or rules applicable to this situation? See Casebook 4th, pages 50-51. a. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default on the record; after taking any required steps, a default judgment will be entered. b. A default cannot be cured even if the defendant has a good reason for the default. c. The plaintiff may enforce a default judgment to the same extent as a judgment entered after a full trial. d. Answers A and C, above, are both accurate statements concerning default. e. Answers A, B, and C, above, are all accurate statements concerning default.

Assuming that P has commenced an action against D-1 in a U.S. District Court of Minnesota and that P is seeking $70,000 in damages for D-1's trespass, battery, and negligence and $20,000 (the prize for the fish), how could D-1 properly raise the issue that D-1 had commenced the action in the wrong location? a. By serving a motion to dismiss pursuant to Federal Rule 12(b)(3) (improper venue). b. By asserting lack of proper venue in D's answer. c. By serving a motion to strike pursuant to Federal Rule 12(f) (motion to strike) because it was "impertinent" for P to commence the action in the wrong venue. d. By taking either of the actions described in Answers A and B, above, at D-1's option.

What is the most common form of a jury verdict? a. Special verdict b. Limited verdict c. Partial verdict d. General verdict

What is the primary purpose of a damage remedy? a. To restore specific money to the plaintiff to prevent unjust enrichment of the defendant b. To disgorge any profits and pay them to the plaintiff c. To offset any harm done to the plaintiff against any benefit the defendant received d. To compensate the plaintiff for the plaintiff's losses

Assume that a civil action is pending in federal court and that the ISSUE before the court is the propriety and function of a declaratory judgment. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately states the rule or rules applicable to this situation? See Casebook 4th, pages 47 and 73. a. Individuals may seek a declaratory judgment after a legal controversy has arisen but before any damages have occurred or any laws have been violated; a declaratory judgment differs from other judicial rulings in that it does not require that any action be taken; instead, the judge, after analyzing the controversy, simply issues an opinion declaring the rights of each of the parties involved. b. Declaratory judgments allow businesses or individuals to seek a court's direction at the early stages of a controversy; when there is uncertainty as to the legal obligations or rights associated with a potential future course of action, declaratory relief offers an immediate means to resolve this uncertainty. c. If a significant amount of money is involved, declaratory judgments can be executed against the losing party's property to provide complete relief in the case if the losing party ignores the declaratory judgment. d. Answers A and B, above, are accurate descriptions of the propriety and function of declaratory judgments. e. Answers A, B, and C, above, are accurate descriptions of the propriety and function of declaratory judgments.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether a party is permitted to join together unrelated claims in some way in a civil action or do unrelated claims have to be litigated in separate actions. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately states the rule or rules applicable to this situation? See Casebook 4th, pages 38-39 and 60. a. A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party. b. A party may join claims even though the claims do not involve the same transaction, occurrence, or even series of transactions or occurrences as long as there is any question of law or fact that will arise in the action in which the claims are joined. c. A pleading may state as a counterclaim against an opposing party any claim even if f the claim does not arise out of the transaction or occurrence that is the subject matter of the opposing party's claim (i.e., a permissive counterclaim). d. Answers A and C, above, are both correct statements of when unrelated claims may be asserted in civil actions in federal court.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether a single plaintiff can add together two factually and legally unrelated claims against a single defendant (e.g., a breach of contract claim for $50,000 and an assault and battery claim for $30,000) to meet the amount-in-controversy requirement for diversity jurisdiction. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately states the rule or rules applicable to this situation? See Casebook 4th, page 32. a. A plaintiff is permitted to aggregate two or more claims against a single defendant to meet the amount-in-controversy requirement for diversity jurisdiction regardless of how unrelated the claims are. b. Aggregation of claims by a single plaintiff against a single defendant is permitted only when the claims involve a common undivided interest or a single title or right. c. The amounts claimed by the plaintiff controls in a diversity case if they are made in good faith. d. Answers A and C, above, are both accurate statements of the rules applicable to this situation. e. Answers, A, B, and C, above are all accurate statements of the rules applicable to this situation.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether an interrogatory served on W, a nonparty witness, is proper and must be answered (as provided by Rule 33 of the Federal Rules of Civil Procedure.) The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately states the relevant rule or rules applicable to this situation? See Casebook 4th, page 62. a. Written interrogatories may be used effectively in every lawsuit; they may be used to particularize and elaborate notice pleadings and to refine and narrow the eventual issues for trial; they may also be used to facilitate subsequent discovery and eliminate issues for trial. b. Interrogatories serve very specific functions, such as establishing the extent of a defendant's contacts with a forum for jurisdictional purposes, obtaining information to be used in drafting an amended pleading, verifying known facts, identifying expert witnesses, establishing the dates for a potential statute of limitations defense or obtaining an itemized breakdown of claimed special damages. c. The Federal Rules of Civil Procedure permit parties to serve a non-party with interrogatories; however, the Rules afford the non-party with certain rights, obligations, and protections; interrogatories on nonparties can be served if the information cannot be otherwise be easily determined. d. The Federal Rules of Civil Procedure do not permit a party to serve Rule 33 interrogatories on nonparties.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the defendant can properly move for judgment as a matter of law (formerly known as judgment as a matter of law) after the jury returned a verdict against the defendant. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following DOES NOT ACCURATELY state the rule or rules potentially applicable to this situation? See Casebook 4th, page 71-72. a. Under Federal Rule of Civil Procedure 50(a), before the case is submitted to the jury, a party may move for judgment as a matter of law asserting that no reasonable jury could find for the other side on an issue. b. A party must timely move for judgment as a matter of law before the case is submitted to a jury in order to preserve that party's renewed motion after an adverse jury verdict. c. In United States federal courts, a renewed judgment as a matter of law is a party's second chance at a judgment as a matter of law motion; renewed judgment as a matter of law is decided after a jury has returned its verdict and it is a motion to have that verdict altered. d. In federal court, a motion for judgment as a matter of law must be at the close of all evidence even if the motion has been prior to that time in order to preserve the objection. e. All of the above answers are completely accurate and appropriate statements.

Assuming that P has commenced an action against D-1 in a U.S. District Court of Minnesota and that P is seeking $70,000 in damages for D-1's trespass, battery, and negligence and $20,000 (the prize for the fish), what would D-1 need to do to properly dispute P's allegation that D-1 had been negligent in operating D-1's truck? a. By serving a motion under Federal Rule 12(b)(6) ("failure to state a claim upon which relief may be granted"). b. By raising a defense of failure to state a claim upon which may be granted in D-1's answer. c. By taking the action described in Answers A and B, above, at D-1's option. d. By denying the allegation that D-1 had been negligent in operating D-1's truck in D-1's answer.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the defendant has waived a personal jurisdiction objection by failing to make that objection in a timely and permissible manner. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately states the appropriate rule or rules? See Casebook 4th, pages 52-55. a. Federal Rule 12(b) specifically allows a personal jurisdiction objection to be made by preliminary motion; the other option is for the defendant to raise the personal jurisdiction objection in the defendant's answer. b. A defendant who makes a preliminary motion to dismiss but fails to include (consolidate) the personal jurisdiction objection with that motion and then later attempts to assert that defense for the first time in a second motion or in the defendant's answer has waived the objection. c. Personal jurisdiction is regarded as such an important defense that the defendant may raise that defense in any pleading allowed or ordered under Rule 7(a), by a motion under Rule 12(c), or at trial, and the objection is not waived by failing to include that defense in a preliminary motion or even the defendant's answer. d. Answers A and B, above, taken together accurately state the rule or rules applicable to waiver of personal jurisdiction defenses. e. Answers A, B, and C, above, taken together accurately state the rule or rules applicable to waiver of personal jurisdiction defenses.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the defendants are properly joined in the action. The next step in IRAC is to state the RULE governing the issue. Which of the following accurately states the appropriate rule? See Casebook 4th, page 40. a. Multiple defendants may be joined in one action as defendants if any question of law or fact common to all defendants will arise in the action. b. Multiple defendants may be joined in one action as defendants if any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences. c. Multiple defendants must be joined when such joinder will prevent multiple lawsuits involving the same subject matter. d. The requirements in Answers A and B, above, must both be met in order to join multiple defendants in in one action. e. The requirements in Answers A, B, and C, above, must all be met.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the judge properly issued a temporary restraining order enjoining the defendant from taking a certain action. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately states the appropriate rule or rules? See Casebook 4th, pages 20-21 and 47-49. a. To obtain a temporary restraining order, a party must demonstrate that the party will suffer immediate irreparable injury unless the order is issued. b. When the judge is convinced that a temporary restraining order is necessary, the judge may issue the order immediately, without informing the other parties and without holding a hearing. c. Temporary restraining orders are intended to be stop-gap measures and last until the court holds a hearing on whether or not to grant a preliminary injunction and makes a decision on the preliminary injunction. d. All of the above are accurate statements of the rule or rules applicable to temporary restraining orders.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the plaintiff has to serve a response to the defendant's answer containing an affirmative defense that the plaintiff has given a binding release of the plaintiff's claim in exchange for a monetary settlement. The next step in IRAC is to state the RULE or rules governing this issue. Which of the following reflect rule or rules accurately that the applicable legal rule or rules in this situation? See Casebook 4th, pages 59. a. The plaintiff must serve a reply admitting or denying the factual allegations contained in the defendant's affirmative defense and/or setting out an avoidance (e.g., the release was obtained by fraud). b. An allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided. c. The plaintiff does not have to serve a response to an answer containing an affirmative defense, but the court can order the plaintiff to serve a reply to a defendant's answer when it contains some new matter or issue. d. Answers B and C, above, are both properly state the rule or rules applicable in this situation.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the plaintiff is the real party in interest. Which of the following reflect rule or rules accurately that the applicable legal rule or rules in this situation? See Casebook 4th, page 42. a. The real party in interest is the person who is paying for the litigation. b. The real party in interest is the one who actually possesses the substantive right being asserted and has a legal right to enforce the claim (under applicable substantive law). c. The "real party in interest" must sue in his own name ("An action must be prosecuted in the name of the real party in interest" as provided in Federal Rule 17(a)). d. Answers B and C, above, state the applicable rules. e. Answers A, B, and C, above, state the applicable rules.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether to permit testimony by a witness. The next step in IRAC is to state the RULE or rules governing the issue of the grounds for admissibility of evidence. Which of the following are rule or rules regarding admissible or inadmissible evidence? See Casebook 4th, pages 69-70. a. A ground for objection is competency; a competent witness is one who has the sufficient mental capacity to perceive, remember, and narrate the incident he or she has observed; a competent witness must also be able to understand and appreciate the nature and obligation of an oath. b. A ground for objection is relevancy; the evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence, and (b) the fact is of consequence in determining the action. c. A ground for objection is hearsay; hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. d. All of the above answers reflect potentially applicable rule or rules regarding admissible or inadmissible evidence.

What is the process of examining jurors to assess each juror's fitness to serve on a jury in a particular case called? a. Jury depositions b. Jury interrogatories c. Pre-trial discovery d. Voir dire examination

Assume that a civil action is pending in federal court between P and D and that a trial on the merits is taking place. Assume further that a critical issue for P to prove that is that D was, in fact, out of town on the date of the events giving rise to P's claim. W, a witness called by P, testifies that D's barber told W that the barber had heard from a reliable source, another customer, that D was out of town on the critical date. D's lawyer objects on the ground that W's answer would be inadmissible under the Federal Rules of Evidence. Assume the ISSUE before the court is whether W's testimony is hearsay. The next step in IRAC is to state the RULE governing the issue (here is the definition of hearsay). Which of the following best states the rule applicable to this situation? See Casebook 4th, page 70. a. Hearsay is a casual or unconstrained conversation or report about other people, typically involving details that are not confirmed as being true. b. Hearsay is a rumor or report of an intimate nature offered to prove the truth of the matter involved. c. Hearsay is the testimony offered in court about conversations or reports about other people's private lives that might be unkind, disapproving, or not true: d. Hearsay is a previously made statement offered in court to prove the truth of the matter contained in the statement. e. All of the above definitions of hearsay are equally good working definitions suitable for use as the rule in an IRAC analysis.

Assume that a diversity civil action is pending in federal court and that the ISSUE before the court is whether a party has waived an objection to the court's subject-matter jurisdiction because (1) the defendant failed to raise the fact that the defendant was really a citizen of the same state as the plaintiff given the defendant resided more than half the time in the plaintiff's state of citizenship and (2) by waiting to raise the lack of diversity until immediately after the defendant lost the case after a full trial on the merits. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately states the rule or rules applicable to this situation? See Casebook 4th, page 30. a. Subject-matter jurisdiction means that the court has the authority to hear the type of case or controversy initiated in its court; American courts will raise subject-matter jurisdiction objections themselves (sua sponte) whenever it appears that the case is beyond their competence, even if the objections are not made by any party to the action; this is the "no-waiver, no-consent rule." b. Consent of the parties cannot allow subject matter jurisdiction to a court; unlike personal jurisdiction, which the court can obtain upon a party's consent or failure to object, lack of subject matter jurisdiction is never waivable; either the court has it, or it cannot assert it. c. Defects in federal subject-matter jurisdiction at any time, even for the first time on appeal, and even if the parties involved in the case do not dispute the court's authority to hear and decide the matter. d. All of the above statements state the applicable rules (albeit in different ways).

Assume that a party has been fully heard on an issue during a jury trial and the plaintiff has failed to present evidence on one of the required elements of the plaintiff's claim. Under those circumstances, what could the defendant TRADITIONALLY move for? a. An involuntary dismissal b. A writ of prohibition c. A rebuttable presumption d. A directed verdict

Assume that the defendant in a common-law action entered a plea of confession and avoidance. Which of the following actions could the plaintiff take in response? a. The plaintiff could assert a general demurrer if the plaintiff wanted to challenge the legal sufficiency of the defendant's avoidance. b. The plaintiff could traverse, which would deny the factual allegations of the defendant's avoidance. c. The plaintiff could admit the allegations of the defendant's avoidance and assert an avoidance of the defendant's avoidance. d. The plaintiff could take any of the actions stated in Answers A, B, and C; however, the plaintiff had to choose only one of those options.

Assume that the defendant wants to dispute the truth of the plaintiff's factual allegations in the complaint. How would the defendant do so? a. At common law, the defendant would demurrer; under the Federal Rules, the defendant would move to dismiss for failure to state a claim. b. At common law, the defendant would confess and avoid; under the Federal Rules, the defendant would move to strike the allegations. c. At common law, the defendant would assert a dilatory plea; under the Federal Rules, the defendant would move judgment on the pleadings. d. At common law, the defendant would traverse; under the Federal Rules, the defendant would deny the allegations in the complaint. e. At common law, the defendant would traverse; under the Federal Rules, the defendant would move for summary judgment.

Assume that the following is used as part of discovery in a case pending in federal court: "The plaintiff asks the defendant to respond within 30 days to the following request, by admitting, for purposes of this action only and subject to objections to admissibility at trial, the truth of the following statement: 'The defendant's blood alcohol content was more than 0.08% when it was tested immediately after the accident.' " Under the Federal Rules, this is an example of what type of discovery device? a. An oral deposition b. An interrogatory c. A request for production d. A request for admission

Assume that there has been a three-car collision and all of the drivers (A, B, and C) were injured. Driver A sues Driver B in federal district court, asserting Driver B's negligence caused Driver A's injuries. Assume that Driver B believes that Driver C is at fault and is liable for all or part of the claim asserted against Driver B. Which of the following would be the proper method to bring Driver C into the pending lawsuit between Driver A and Driver B? a. Interpleader b. Counterclaim c. Crossclaim d. Impleader

What is the process of examining prospective jurors to determine whether they are fit to serve in a particular called? a. A declaratory judgment b. Injunctive relief c. Res ipsa loquitur d. Voir dire

Assuming that P has commenced an action against D-1 in a U.S. District Court of Minnesota and that P is seeking $70,000 in damages for D-1's trespass, battery, and negligence and $20,000 (the prize for the fish), what would D-1 need to do to properly dispute that the jurisdictional amount requirement for diversity jurisdiction in federal court had been met? a. By serving motion to dismiss pursuant to Rule 12(b)(1) ("lack of subject-matter jurisdiction") prior to answering. b. By including the defense of lack of subject-matter jurisdiction in D-1's answer. c. By waiting until trial to raise this defense. d. By taking any of the actions described in Answers A, B, and C, above, at D-1's option.

D-1 (plaintiff) asserts D-2 (defendant) negligently crashed into D-1's truck and is liable for D-1's damages. D-2 serves an answer denying D-2's negligence and asserting D-1's contributory negligence as an affirmative defense. D-1 believes that D-2 had the "last clear chance" to avoid the accident. Assume that D-1 commenced D-1's action in a COMMON-LAW COURT and D-2 entered a plea admitting D-1's allegations but avoiding them by asserting D-1's contributory negligence, what would D-1 have to do next? a. D-1 would have to serve a pleading called a replication which traversed the matter raised in the avoidance (contributory negligence), which would create an issue of fact to be resolved by a trial. b. D-1 would have to serve a pleading called a replication which confessed D-1's negligence and asserted that D-1 was in a "position of helpless peril" and D-2 had the "last clear chance" to avoid the accident. c. D-1 would have to serve a pleading called a replication in which D-1 could take either of the actions described in Answers A and B, above. d. D-1 would have to choose between the actions described in described in Answers A and B, above, or a demurrer (which would challenge the legal sufficiency of D-2's answer).

In an appeal, the various papers and other items transmitted from the trial court to the appellate court constitute what? a. Briefs on appeal b. Proceedings on appeal c. Transcript on appeal d. Record on appeal

In terms of detail required, a complaint in federal district court need only give the defendant what? a. Sufficient information to enable the defendant to prepare a response b. Only those "operative" facts constitute the claim c. A brief and concise statement of all of the elements of the claim d. General notice of the claim

On the facts of Problem 1-1 and assuming that P (a citizen of Ohio) sued D-2, a citizen of Ohio, in an Ohio state court and that D-2 would prefer to litigate in a federal district court in Ohio instead, is there a way for D-2 to have the case moved to the appropriate federal district court in Ohio? a. Yes, D-2 should move for a forum non conveniens dismissal. b. Yes, D-2 should file a notice of removal in federal district court and request removal of the state court action to federal district court. c. Yes, D-2 should seek a motion to transfer the action from state court. d. No, D-2 cannot have the case moved to federal court because D-2 is a citizen of Ohio.

On the facts of Problem 1-1 and assuming that P sued D-2, a citizen of Ohio, in an Ohio state court and that D-2 would prefer to litigate in a federal district court in Ohio instead, is there a way for D-2 to have the case moved to the appropriate federal district court in Ohio? a. Yes, D-2 should move for a forum non conveniens dismissal. b. Yes, D-2 should file a notice of removal in federal district court and request removal of the state court action to federal district court. c. Yes, D-2 should seek a motion to transfer the action from state court. d. No, D-2 cannot have the case moved to federal court because D-2 is a citizen of Ohio.

P sells a new refrigerator to D on credit. D is required by the agreement with P to make monthly payments until the refrigerator is paid for by D. P retains title to the refrigerator until it is paid for by D. Assume that D falls behind and stops making the payments. P wants to have the refrigerator seized because, pursuant to the agreement between P and D, D is entitled to immediate possession of the refrigerator since D has stopped paying for it. What provisional remedy should P use to regain immediate possession of the refrigerator? a. Attachment b. Garnishment c. Receivership d. Replevin

P sues D-1 for $1,000 in medical expenses incurred as a result of an automobile accident in a state court. P alleges that D-1's negligence caused the accident and resulting injuries to P. Assume that the jury specifically found D-1 to have been negligent and awarded P $1,000. Assume that D-1 then sued P for $250,000 for personal injuries in the same accident. In absence of an applicable compulsory counterclaim rule, does the doctrine of claim preclusion or the doctrine of issue preclusion appear to prevent D-1's action? a. The doctrine of claim preclusion prevents D-1 from bringing the second action because D's claim arises out of the same transaction or occurrence as P's suit. b. The doctrine of claim preclusion does not apply because D-1's claim is not the same as P's. c. The basic elements of issue preclusion are met because the factual issue of D's negligence was fully and fairly litigated and determined against D-1; thus, D-1 may not relitigate the issue in a subsequent action on a different claim unless an exception applies (e.g., if the party to be bound did not have an adequate opportunity or lacked the incentive to litigate in the first action--perhaps because of the small amount involved in the first action). d. The statements in Answers B and C are both accurate.

Suppose that P wants to find out about the condition and maintenance of the brakes on D-1's truck. Which of the following approaches could P use to find out this information? a. Submitting a series of interrogatories to D-1 inquiring about the brakes pursuant to Federal Rule 33 (interrogatories to parties). b. Asking D-1 about the condition and maintenance of the brakes during D-1's oral deposition pursuant to Federal Rule 30 (depositions by oral examination). c. Requesting to inspect D-1's brakes pursuant to Federal Rule 34 (producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes). d. All of the above approaches could be used by P to find out this information.

TRADITIONALLY, in a jury trial at the close of all the evidence, if the plaintiff or the defendant (or both) feels that the opposing party has failed to meet the burden of proof allotted to the opposing party, what is the proper method to raise this issue? a. A motion for an involuntary dismissal b. A request for a writ of mandamus c. A request for an instruction to the jury based on a rebuttable presumption d. A motion for a directed verdict

The "no-waiver or consent" rule applies to what kind doctrine or rule? a. Joinder of mandatory (indispensable) parties b. Supplemental jurisdiction c. Personal jurisdiction d. Subject-matter jurisdiction e. Venue

The Federal Rules of Civil Procedure require a defendant to assert all claims that the defendant has against the plaintiff which arise out of the same transaction or occurrence that is the subject matter of the plaintiff's claim. What would such claims asserted by the defendant be called? a. Affirmative defenses b. Permissive crossclaims c. Permissive counterclaims d. Compulsory counterclaims

This motion can be made after opposing counsel has presented all the evidence on an issue in a nonjury trial and the evidence is simply not enough to establish the claim. a. A motion for a new trial b. A pre-answer motion to dismiss for failure to state a claim upon which relief can be granted (12(b)(6)) c. A motion for directed verdict d. A motion for partial findings and judgment as a matter of law e. A motion to extraordinary relief from a judgment

Under the Federal Rules of Civil Procedure, parties have a duty of mandatory "automatic" disclosure of certain information. Which of the following does NOT have to be disclosed in the initial wave of those disclosures? a. Information about potential witnesses b. Damages c. Insurance d. All physical or mental conditions affecting the parties

What does a diversity action in federal district court require that the plaintiff and defendant be different citizens of? a. Different jurisdictions b. Different foreign countries c. Different judicial districts d. Different states

What is a "long-arm" statute? a. A statute that prohibits the admission of a decedent's statements as evidence when an opposing party or witness seeks to use those statements to support a claim against a decedent's estate. b. A statute that establishes a time limit for suing based on the date when the claim accrues (usually when the injury occurs). c. A statute that bars a suit a fixed number of years after the defendant acts in some way (such as by designing or manufacturing a product), even if this period ends before the plaintiff suffers any injury. d. A statute that provides for personal jurisdiction over nonresident defendants who have contacts with the jurisdiction where the statute is in effect. e. A statute that establishes subject-matter jurisdiction over claims that are part of the same case or controversy as other claims over which the court has original jurisdiction.

What is a personal order issued at the outset of a lawsuit without prior notice and without an opportunity to be heard commanding the defendant to preserve the status quo called? a. A preliminary injunction b. A writ of habeas corpus c. A writ of mandamus d. A temporary restraining order

What is the act of delivering the notice to the defendant at the outset of a lawsuit called? a. Enforcement. b. Pleading. c. Discovery. d. Service of process.

What is the appointment of a neutral third party to manage property that is the subject of the action to preserve it from ruin or dissipation called? a. Attachment b. Garnishment c. Replevin d. Receivership

Which of the following BEST expresses what "without prejudice" means in the context of a voluntary dismissal? a. A dismissal without prejudice means that the judge has not expressed any opinion in the case on whether the plaintiff's claim was meritorious. b. A dismissal without prejudice means that the plaintiff regarded the judge as being too biased to proceed in the action; therefore, the plaintiff voluntarily has dismissed the action. c. A dismissal without prejudice means that the plaintiff does not have to pay any court costs and the plaintiff's filing fee is refunded. d. A dismissal without prejudice means that the case is only dismissed temporarily; the plaintiff is allowed to re-file the claim, alter the claim, or bring the case in another court.

Which of the following identifies the requirement that the named plaintiff must possess, under the governing substantive law, the right sought to be enforced? a. Capacity to sue b. Third-party practice c. Intervention as of right d. Real party in interest

Which of the following is NOT prohibited by the good faith requirements of Federal Rule 11(b)? a. Alleging facts in the complaint that the plaintiff knows to be untrue. b. Denying facts in the answer that the defendant knows to be true. c. Asserting a written preanswer motion for the purpose of harassing the other party. d. All of the above are prohibited.

Which of the following is most likely to be the LEAST EXPENSIVE way of finding out information from another party? a. An oral deposition. b. A deposition upon written questions. c. A motion for summary judgment. d. An interrogatory.

Which of the following purposes is NOT a proper one for a pretrail conference? a. A pretrial conference may be conducted to expedite disposition of the case b. A pretrail conference may be conducted to help the court establish managerial control over the case c. A pretrial conference may be conducted to discourage wasteful pretrial activities and to improve the quality of the trial with thorough preparation. d. A pretrial conference may be conducted to force a settlement of the case.

Which of the following statements about a motion for judgment on the pleadings is NOT correct? a. A motion for judgment on the pleadings is a party's request to the court to rule in his/her favor based on the pleadings on file, without accepting evidence, as when the outcome of the case rests on the court's interpretation of the law. b. A function of a motion for judgment on the pleadings is to dispose of baseless claims or defenses when the formal pleadings reveal their lack of merit. c. A motion for judgment on the pleadings is the proper procedure when all of the material allegations of fact are admitted in the pleadings and only questions of law remain. d. A motion for judgment on the pleadings can be made before answering when the plaintiff's complaint demonstrates on its face that the pleader is not entitled to relief. e. All of the above statements are accurate.

A defending party who seeks to bring into a pending lawsuit a party who is or may be liable to the defending party for all or part of the claim asserted against the defending party a. Real Party in interest b. Stakeholder c. Capacity to sue or be sued d. Intervenor e. Third-party plaintiff

Assume P and D are having a boundary dispute D is threatening to cut several old oak trees that P claims to own. Which of the following provisional remedies should P seek to prevent D from cutting the trees claimed by both parties? a. Receivership to protect the trees b. Attachment c. Garnishment d. Replevin e. Temporary restraining order or a preliminary injunction

Assume that P sues D for a trespass based on entering P's land and storing items in P's barn. In defense, assume that D asserts that D was entitled to enter onto P's land and use P's barn because P gave D permission to do so. After a trial, judgment goes against D and P is awarded damages. Subsequently, D enters on P's land for the purpose of fishing in P's pond on P's land (as the public had done for many years). P again sues D for trespassing and seeks appropriate damages. D asserts a prescriptive easement as a defense. (A prescriptive easement is a right to use property, acquired by open and obvious use, without the owner's permission, over a minimum period of time established by state law.) Under these circumstances, is P's second action or D's new defense impermissible because of claim or issue preclusion? a. P's second claim for trespass "merged" into the judgment in the first action because P won that action. b. P has not split P's claim for relief; P can assert a second action because it is based on a new claim for relief. c. D's assertion of a prescriptive easement is not precluded by issue preclusion because the prescriptive easement defense involves a different issue and has never been litigated. d. D's assertion of a prescriptive easement in the second action is precluded because D failed to assert all of D's defenses in the first action. e. Answers B and C, above. are both correct. f. Answers A and D, above, are both correct.

Assume that P sues D for damages in a federal district court. P asserts that D was negligent in operating D's automobile and, as a result, injured P and damaged P's automobile. D serves an answer admitting that the accident occurred, denying D's negligence, asserting P's contributory negligence as an affirmative defense, and asserting a permissive counterclaim (designated as such) alleging that P breached a contract to sell property to D. With regard to D's contract counterclaim, P believes that it was D who breached the contract and believes that D is liable to P for the breach. Under the Federal Rules of Civil Procedure, what action, if any, may or must to P take with regard to D's permissive counterclaim? a. P is required to assert a "counterclaim" against D for breach of contract if P wants to preserve that claim. b. P is permitted to assert a "counterclaim" against D for breach of contract but is not required to do so; P can bring a separate action against D if P defeats D's counterclaim in the present action. c. P is not allowed to respond to D's permissive counterclaim; all of D's allegations are taken as denied or avoided. d. P must admit or deny the allegations of D's permissive counterclaim by means of an "answer" to a counterclaim. e. Answers A and D are both correct.

Assume that a civil action is pending in federal court and that the ISSUE before the court is the standard that a party bearing the burden of proof must meet to prevail on its claim or defense at trial. The next step in IRAC is to state the RULE or rules governing this issue. Which of the following accurately states the rule or rules applicable to this situation? See Casebook 4th, page 64. a. In civil cases, the plaintiff has the burden of proving its case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not. b. Because the burden of proof is on the plaintiff in a civil case, a defendant does not actually have to prove anything to avoid a jury finding for the plaintiff; If the plaintiff cannot convince the jury that the facts and allegations are more likely to be true than not, the defendant should prevail even if the defendant presents no defense at all. c. If a defendant in a civil action raises an affirmative defense, the burden of proof ordinarily switches to the defendant and the defendant now must prove that the defense should apply. d. "Preponderance of the evidence" means that plaintiff must convince the jury or judge that there is more than a 50% chance that their allegations are true. e. All of the above answers accurately state the applicable rules.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether a party has violated Rule 11 of the Federal Rules of Civil Procedure when that party filed a complaint in federal court. The next step in IRAC is to state the RULE or rules governing the issue. Which, if any, of the following DO NOT accurately state the appropriate rule or rules? See Casebook 4th, pages 14 and 58. a. A complaint may not be presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. b. The claims in the complaint must be warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of the new law. c. To the best of the person's knowledge, information, and belief of the person signing the complaint, formed after an inquiry reasonable under the circumstances, that the factual contentions and other allegations in the complaint have evidentiary support. d. Even though the allegations and other factual contentions in the complaint lack evidentiary support, Rule 11 is not violated if those allegations or factual contentions are specifically identified and are asserted to likely have evidentiary support after a reasonable opportunity for further investigation or discovery. e. All of the above answers correctly state the rules governing Rule 11 obligations with regard to complaints in federal court.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether a party must assert a compulsory counterclaim. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately state rule or rules applicable to this situation? See Casebook 4th, pages 56-57. a. A compulsory counterclaim is required to be filed by a party in response to an opposing claim where the counterclaim deals with allegations arising out of the same occurrence or transaction that is the subject matter of the opposing party's claim. b. A compulsory counterclaim generally must be part of the initial answer to the plaintiff's action and cannot be made later in the suit or in a separate lawsuit; by contrast, the permissive counterclaim arises from an event unrelated to the matter on which the plaintiff's suit is based. c. The compulsory-counterclaim rule is a rule of the federal rules of civil procedure which requires a defendant to present every counterclaim arising out of the same transaction or occurrence that is the basis of the plaintiff's claim. d. A counterclaim that a party is required to plead in an action and which, if not so pleaded, may be forfeited. e. All of the above rules accurately state aspects of compulsory counterclaims.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the defendant properly removed the action from a state court. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately state the appropriate rule or rules? See Casebook 4th, pages 33 and 51. a. When removal jurisdiction exists, the defendant may remove the action to federal court by filing a notice of removal in the federal district court. b. Removal jurisdiction exists only if the federal court has a basis for exercising subject-matter jurisdiction over the action, such as diversity of citizenship of the parties or where the plaintiff's action involves a claim under federal law. c. A civil action otherwise removable solely on the basis of the diversity jurisdiction may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the state in which such action is brought. d. Answers B and C, above, both correctly state the applicable rules. e. Answers A, B, and C, above, all correctly state the applicable rules.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the federal district court has diversity jurisdiction over the action. The next step in IRAC is to state the RULE governing the issue. Which of the following accurately states the appropriate rule or rules? See Casebook 4th, pages 31-32. a. The amount in controversy must exceed $75,000 and no plaintiff may share a state of citizenship with any defendant. b. The amount claimed by the plaintiff controls in a diversity case if it is made in "good faith." c. Defects in diversity jurisdiction can be waived by failing to raise the issue in a timely manner. d. There must be a question of federal law somewhere in the case, either as part of the plaintiff's claim or as part of a defense, even in a diversity case. e. Answers A and B are correct statements of the legal rules governing diversity jurisdiction. f. Answers A, B, C, and D are all correct statements of the legal rules governing diversity jurisdiction in "rule" section of an IRAC analysis..

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the plaintiff's complaint has provided the defendant with sufficient detail and clarity to meet the requirements of the Federal Rules of Civil Procedure. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following accurately states the appropriate rule or rules? See Casebook 4th, pages 44-45 and 53. a. The plaintiff must state facts constituting a cause of action. b. The plaintiff must give the defendant fair notice of the claim and the grounds upon which it is based. c. The complaint cannot be so vague or ambiguous that the defendant cannot reasonably prepare a response. d. Answers A and B, above, accurately state the rule or rules. e. Answers B and C, above, accurately state the rule or rules. f. Answers A, B, and C,. above, accurately statements of the rule or rules.

Assume that the defendant moves to dismiss an action in federal district court on the ground that the court lacks personal jurisdiction over the defendant pursuant to Federal Rule 12(b)(2). The defendant's motion is denied. Which of the following actions could the defendant then properly take? a. The defendant could then move to dismiss the action in another pre-answer motion on the ground that venue of the action is improper pursuant to Federal Rule 12(b)(3). b. The defendant could then move to dismiss the action in another pre-answer motion on the ground that the complaint fails to state a claim upon which relief may be granted pursuant to Federal Rule 12(b)(6). c. The defendant could then serve an answer raising the defense that there was insufficient service of process. d. All of the above (Answers A, B, and C) are actions that the defendant could properly take. e. None of the above (Answers A, B, and C) are actions that the defendant could properly take.

Assume that the plaintiff wants to commence a civil action in federal court and that the ISSUE is under what conditions and purposes an oral deposition can be taken. The next step in IRAC is to state the RULE or rules governing this issue. Which of the following accurately states the rule or rules applicable to this situation? See Casebook 4th, pages 61-62. a. A party may, by oral questions, depose any person, including a party; depositions are taken and recorded outside of court. b. Oral depositions may not be taken prior to the commencement of an action. c. Oral depositions can be used to (1) obtain information relevant to the case, (2) establish what a witness' testimony will be and preserve the witness' testimony for trial in the event the witness becomes unavailable, and (3) establish a foundation for impeaching the witness if the witness's testimony changes at trial. d. Oral depositions are a favored method of discovery because they are cheaper than most of the other pretrial methods of discovery. e. Answers A and C, above, accurately state the applicable rule or rules applicable to this situation. f. Answers A, C, and D, above, accurately state the applicable rule or rules applicable to this situation.

In the law, some cases are considered "local" actions while others are described as "transitory." Which of the following are correct statements regarding local and transitory actions? a. Some cases must be decided only in a court of the one particular state that is connected to the subject of the case involving real property; those are called "local actions." b.Most lawsuits are "transitory" and can be litigated in any state that has jurisdiction over the parties, based on their residence or presence in the state; sometimes, several states might be potential venues for a transitory action and the litigants may engage in "forum-shopping" because they prefer the laws of one state over another. c.Quiet title actions, trespass actions seeking damages, and ejectment actions are all examples of "local actions" and those actions must be heard in the state in which the property is located. d. Federal courts do not apply the local action rule; thus, the proper venue for civil actions in federal court is determined without regard to whether the action is local or transitory in nature. e. All of the above answers are correct.

P and D enter into a contract whereby D promises to sell P D's house. D later refuses to sell the house. P then brings a claim for damages against D for breach of contract. P only alleges that P has lost the fee P paid P's real estate broker. A jury determines that D is liable. One year later, P brings a new claim against D for monetary damages P sustained when D refused to sell P D's home, thereby breaching the contract. The specific damages P alleges in the second action are monies P had to expend canceling P's moving contract. What affirmative defense should D raise? a. Res judicata (issue preclusion) because the second suit arises out of the same breach of contract; P is "barred" from seeking additional damages. b. Accord and satisfaction c. Failure of consideration d. Payment e. Res judicata (claim preclusion) because P split P's claim for relief; all of P's damages "merged" into the judgment; P sould have included the claims for the monetary damages relating to the moving contract in the original action.

P wants to join two defendants in a civil action in federal court. Which of the following requirements must the plaintiff meet in order to properly do so? a. The defendants must share a common and undivided interest in defending the action. b. A right to relief must be asserted against the defendants jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences. c. A question of law or fact common to all defendants must arise in the action. d. Complete relief among parties can be accorded only by joining the two defendants e. Answers B and C, above, are requirements.

This motion allows a movant to raise the following within one year of the judgment: (1) mistake; (2) inadvertence; (3) surprise; or (4) excusable neglect. a. A motion for a new trial b. A pre-answer motion to dismiss for failure to state a claim upon which relief can be granted (12(b)(6)) c. A motion for directed verdict d. A motion for partial findings and judgment as a matter of law e. A motion to extraordinary relief from a judgment

To preserve the status quo in an emergency situation until the court can conduct a hearing in which the defendant can be present a. Receivership b. Attachment c. Replevin d. Garnishment e. Temporary Restraining Order (TRO) f. Preliminary Injunction

To which one of the following doctrines does the rule that a party may not "split" a "claim" or "cause of action" relate? a. Issue preclusion b. The no-waiver or consent rule c. Joinder of claims d. Hearsay e. Claim preclusion

Which of the following is NOT a correct statement about an oral deposition? a. An oral deposition is ordinarily the taking of an oral statement of a witness under oath before trial. An oral deposition has three basic purposes: (1) to find out what the witness knows; (2) to preserve that witness' testimony; and (3) establish a foundation for impeachment a witness. b. An oral deposition does not involve only favorable testimony. If a witness' testimony will be damaging to your client's case, you will want to know about it before trial. The last thing you want is to be surprised at trial with the damaging testimony. Therefore, it is usually wise to take that witness' deposition so that you will know in advance what that witness will say. c. An oral deposition does not take place in court. Instead, it usually takes place at an attorney's office. The attorney will ask the witness, or deponent, a series of questions about facts related to the lawsuit. The deponent must answer all proper questions under oath. The deponent does not ask any questions. He or she only answers questions. d. The entire oral deposition is preserved word-for-word by a court reporter, who is present throughout the session. A transcript is produced at a later time. The deponent can have his or her attorney present at the deposition, and the parties to the case can also be present. Judges are not present at depositions, except in special cases. e. All of the above statements are accurate.

Which of the following, if any, is NOT a correct statement with regard to civil actions in the United States? a. A judgment in a lawsuit in the United States will ordinarily award "costs" to the prevailing party; however, under the American Rule, the attorney's fee of the winning party is ordinarily not a recoverable cost. b. The law in each jurisdiction defines "taxable" (recoverable) costs. c. Taxable costs usually are small in comparison to the overall expenses of litigation. d. Examples of taxable costs in the federal courts include fees of the clerk and marshall, fees of court reporters for the printed or electronically recorded transcripts obtained for use int he case, and fees for witness. e. All of the above are correct statements.

Which of the following, if any, is NOT associated with impleader? a. Third-party complaint and third-party answer b. Persons who may be liable to a defending party for all or part of a claim asserted against the defending party c. Contribution d. Third-party plaintiff and third-party defendant e. All of the above are associated with impleader.

With regard to counterclaims in code pleading, which of the following statements are CORRECT? a. Even if a potential counterclaim arose out of the same events or facts as the plaintiff's claim in a pending action, code-pleading systems did not normally compel a defendant to assert a counterclaim in the action; in other words, compulsory counterclaims did not exist in traditional code-pleading practice (but rules of finality might prevent the defendant from asserting the related claim in a separate proceeding if the defendant lost in the initial action). b. Counterclaim practice under code pleading and the Federal Rules of Civil Procedure are basically the same. c. Code-pleading systems permitted counterclaims to be asserted by the defendant (1) when the counterclaim was in the same legal category as the plaintiff's claim even if the counterclaim was factually unrelated to the plaintiff's claim and (2) when the counterclaim was factually related to the plaintiff's claim. d. Answers A, B, and C are all correct. e. Answers A and C are correct.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the plaintiff's complaint complies with the rules for pleading set out in the Federal Rules of Civil Procedure. The next step in IRAC is to state the RULE or rules governing the issue. Which of the following, if any, DOES NOT accurately state the appropriate rule or rules? See Casebook 4th, pages 45 and 49. a. The plaintiff must include a short and plain statement of the grounds for the federal court's jurisdiction. b. Each allegation in the complaint must be simple, concise, and direct. c. The plaintiff may state as many separate claims as the plaintiff has, regardless of consistency. d. A plaintiff may set out two or more statements of a claim alternatively or hypothetically, either in a single count or in separate ones. e. A pleading that states a claim for relief must contain a demand for the relief sought. f. All of the above answers state accurately state the rules applicable to the plaintiff's complaint.

Assume that a civil action is pending in federal court and that the ISSUE before the court is whether the venue is proper in the federal district court selected by the plaintiff under the general federal venue statute. The next step in IRAC is to state the RULE governing the issue. Which of the following accurately states the appropriate rule? See Casebook 4th, page 37. a. A civil action may be brought in the judicial district in which the defendant resides. b. A civil action may be brought in the judicial district in which a substantial part of the events or omissions giving rise to the claim occurred. c. A civil action may be brought in the judicial district in which a substantial part of the property that is the subject of the action is situated. d. Except as otherwise provided by law, the proper venue for a civil action in federal court is determined without regard to whether the action is local or transitory in nature. e Answers A, B, and C are all proper statements of the rule in the "rule" section of an IRAC analysis. f Answers A, B, C, and D are all proper statements of the rule in the "rule" section of an IRAC analysis.

Assume that P, D-1, and D-2 have a three-car automobile accident in Minnesota and that all parties are injured. P is from Wisconsin, D-1 is from Minnesota, and D-2 is from Ohio. If P were to commence a negligence action to recover damages for P's injuries as a result of the accident in a U.S. District Court, the location of the suit would be controlled by which of the following rules? a. Venue b. Subject-matter jurisdiction c. Joinder of claims d. Supplemental jurisdiction

Consider the following provision: "A pleading must state as a counterclaim any claim that--at the time of its service--the pleader has against an opposing party if the claim arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require adding another party over whom the court cannot acquire jurisdiction." Of what kind of rule is this provision MOST LIKELY a good example? a. Purely procedural rule. b. Purely substantive rule. c. Rule that may be both procedural and substantive in nature. d. None of the above

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