Civ pro Practice Qs
Your client is being sued for auto negligence. You file a motion for summary judgment, alleging that the plaintiff "will not be able to prove negligence in this case." You do not attach any supporting materials to this motion, or give any discussion of what evidence exists or why it is not sufficient. A.You will prevail unless the plaintiff can produce evidence that convinces the judge that your client was drinking .B.You will prevail unless the plaintiff can produce evidence on which a reasonable jury could rely in finding that your client was drinking. C.You will lose because this is not a material issue of fact .D.You will lose because you have not shown that there is no genuine dispute of material fact.
.D.You will lose because you have not shown that there is no genuine dispute of material fact.
P sues 30 different manufacturers of asbestos, asserting that P has developed lung cancer because of asbestos exposure while he was moving large shipments of asbestos from each of the manufacturers over many years. P sues in state court and notifies all of the defendants of the lawsuit by using a state notice procedure, which permits mailing a copy of the summons and complaint to both a company's CEO and its Chief Counsel, with the address line: "ATTENTION: LEGAL SUMMONS ENCLOSED" on the envelope, via certified mail with a return-receipt requested, delivery restricted to the addressee. This state procedure is: 1.Probably constitutional, because the companies are reasonably certain to become apprised of the lawsuit using this procedure. 2.Constitutional in this particular case, because a more elaborate notice procedure would be excessively costly given the large number of defendants 3.Unconstitutional, because hand delivery, rather than mail service, is always required in a case like this. 4.Unconstitutional, because a more effective method of service is available.
1.Probably constitutional, because the companies are reasonably certain to become apprised of the lawsuit using this procedure.
If a federal statute says to do one thing, and a federal rule of civil procedure says another, what will happen? A.The judge will follow the statute B.The judge will follow the rule C.The judge will strike down the statute D.The judge will run out of the room screaming
A.
You wish to get access to as much information as possible relating to the design and construction of the motorboat's engine, in hopes of showing that the engine had a dangerous tendency to explode after several months of use. Which of the following requests are leastlikely to be granted in full? A.A request for any document in the company's possession that might help the plaintiff show that the boat in question was defectively designed. B.A request for all documents relating to the design of the engine that was involved in the crash. C.A request for any documents relating to the drafting or issuing of warnings to consumers regarding the safety of that model of boat. D.A request for any safety related information, for any model of boat, stored in the active email library of the company's head safety
A.A request for any document in the company's possession that might help the plaintiff show that the boat in question was defectively designed.
Following Twombly and Iqbal, which of the following allegations must be stated "with particularity" in a complaint? A.Allegations of fraud. B.Allegations of discriminatory intent. C.Allegations of conspiracy to fix prices. All ofthe above
A.Allegations of fraud.
You served a Rule 34 request upon the plaintiff, seeking access to all records in her possession or control that involve maintenance to her car's braking system. 30 days after receiving this notice, the opposing attorney sends you a list of shotgun objections, stating that all such documents are irrelevant, privileged, and confidential, and that producing them would be excessively burdensome. How should you respond? A.Call the lawyer to try and confer in good faith to resolve the issue. B.Move for a protective order C.Move to compel her to produce the documents D.Move to sanction her for a frivolous objection under Rule 37E.None of the above
A.Call the lawyer to try and confer in good faith to resolve the issue.
privileged.Paul is suing DudeBros Beachware for selling him a pair of flip-flops that permanently turned the soles of his feet orange. He serves a 30(b)(6) deposition notice on the company, notifying the company that "the matters for examination will be the history of customer complaints regarding these sandals and any internal testing that was done on them." DBB seeks a protective order barring the deposition from occurring, arguing that there is no person in the company with knowledge of both subjects. What will the court do? A.Deny the order, and require DBB to have one or more officers or employees testify about the requested subject matters B.Grant the order, because there is no person who can be deposed who has knowledge about both these subjects C.Grant the order, because the requested information is not relevant D.Grant the order, because the requested information is privileged.
A.Deny the order, and require DBB to have one or more officers or employees testify about the requested subject matters
Your opponent, upon receiving your response, immediately files a motion to compel production. You call her to try to negotiate a resolution, but she refuses to return your calls. How should you respond to this motion? A.File a response restating your earlier objections to the requests, and also point out that opposing counsel failed to confer in good faith before filing her motion. B.Move to sanction her for making an overbroad request. C.None of the above.
A.File a response restating your earlier objections to the requests, and also point out that opposing counsel failed to confer in good faith before filing her motion
DBB deposes Paul, and asks him if he was previously diagnosed with having a congenital condition that causes orange-colored feet. Paul objects that prying into his medical records violates his privacy, and states that under FRCP 35 these matters are irrelevant, not in controversy, and that good cause has not been shown for an examination. DBB seeks a motion to compel Paul to answer the question. What is the court most likely to do? A.Grant the motion to compel, because this is relevant and non-privileged info and there is good cause to inquire into this subject B.Deny the motion to compel, because DBB is harassing the witness C.Deny the motion to compel, because this medical information is protected by a privilege. D.Deny the motion to compel, because the Rule 35 standards have not been met
A.Grant the motion to compel, because this is relevant and non-privileged info and there is good cause to inquire into this subject
I also allege ¶ 6: "Defendant snarled curse words at me and then shouted, 'This is what I think of you, Spottswood!'" Ryan responds that he "neither admits nor denies this allegation, but demands strict proof thereof." What will be the legal effect of his response? A.He has admitted the allegation and cannot dispute it later on. B.He has denied the allegation and I must provide proof of it at trial .C.The court will treat this response as a motion to dismiss for failure to state a claim.
A.He has admitted the allegation and cannot dispute it later on.
3.5 years after I ran over Elissa with my car, she sued me for battery. I moved to dismiss the complaint under Rule 12(b)(6) because she failed to allege that my conduct was intentional. 10 days later, she files an amended complaint that fixes the defect. Which of the following is true? A.Her amendment will be allowed. B.Her amendment will not be allowed because it is futile. C.The amendment will not be allowed because it will prejudice my case. D.The amendment will not be allowed because Elissa failed to exercise due diligence. E.The court has discretion to decide whether to allow the amendment, based on its assessment of potential prejudice, as well as its determinations regarding bad faith, due diligence, and futility.
A.Her amendment will be allowed.
15 days after your 26(f) meeting with opposing counsel, she calls and asks that you send her a list of any documents that might help her support her claims against your client. She has not yet sent you any written discovery requests. Your best response to her request? A.I am not obliged to produce that info until you request it properly .B.Producing all of those documents would be too burdensome. C.Those documents are protected by work product privilege. D.I will send you copies of those documents within a week.
A.I am not obliged to produce that info until you request it properly
You represent the plaintiff in a battery case. The defendant has pleaded consent as an affirmative defense. You file a motion for summary judgment on this defense, arguing that no reasonable jury could find in the defendant's favor on this issue. You attach an affidavit from your client in which he asserts that the defendant "Asked me to engage in a 'fight club' with him, but I said no, and he got angry and punched me in the face." The defendant, in response, argues that summary judgment is inappropriate because a jury could disbelieve the plaintiff on this issue. The defendant attaches no additional supporting materials, however. How is the court likely to rule? A.It will grant SJ against the affirmative defense. B.It will deny SJ because a plaintiff cannot prevail at the summary judgment stage if a reasonable jury could doubt his credibility C.It will deny SJ because the plaintiff will still have to prove his prima facie case in order to prevail D.It will deny SJ because the plaintiff cannot create an issue of material fact merely by swearing an affidavit supporting his own case
A.It will grant SJ against the affirmative defense.
You represent a resort owner who is being sued by a person who was injured getting off of a chairlift. Although the resort makes most of its money from selling lift ticket passes to skiers and snowboarders during the winter, the plaintiff's injury occurred in the summertime, when the park is clear of snow and is left open so that people can enjoy hiking its trails and enjoying scenic views. An applicable state statute immunizes "any ski area operator" from suits brought by "any skier or passenger" so long as the operator follows state laws and rules concerning ski area operation. The plaintiff maintains that the resort was negligent in failing to warn her regarding the dangers of the lift, but does not argue that it has violated any specific state statute or rule concerning ski area operation. The defendant moves for summary judgment based on the state statute. How is the court likely to rule? A.It will grant SJ and dismiss the plaintiff's claim. B.It will deny SJ because the law does not apply to this case. C.It will deny SJ because there is a reasonable dispute of law in this case. D.It will deny SJ because there is a reasonable dispute of fact regarding whether the resort was a "ski area" during the summer.
A.It will grant SJ and dismiss the plaintiff's claim.
DBB serves a request to admit upon Paul, asking him to admit or deny that he has a congenital orange-foot disease. Paul, who is highly offended, refuses to answer. What should the court do, if DBB brings Paul's failure to respond to its attention? A.Order Paul to respond, and if he continues to refuse, deem the fact admitted. B.Deem the fact denied.
A.Order Paul to respond, and if he continues to refuse, deem the fact admitted.
I sue Ryan Abbott for battery, alleging that he deliberately ran me and Bibi down in his car. 30 days after Ryan filed his answer, I seek leave to file an amended complaint, alleging that when Ryan ran over Bibi, he also committed the tort of trespass to chattels. Such a claim is now time-barred, but it had the same statute of limitations as the battery claim. Is the court likely to allow this amendment?A.Probably yes .B.No, because I did not exercise due diligence. C.No, amendment would be futile because the SOL has run. D.No, the amendment would be too prejudicial. E.No, I acted in bad faith by waiting this long.
A.Probably yes.
You represent a plaintiff who is suing a defendant for wrongful death and loss of consortium, after her husband was killed in a motorboat explosion, seeking $5,000,000 in damages. Proving a loss of consortium claim requires showing that the plaintiff was married to a victim of a tort, and that she was deprived of some or all of the benefits of a marital relationship by that tort. The defendant (a large shipbuilding company) serves a Rule 34 request upon the plaintiff, seeking access to "copies of all written messages sent between the decedent and the plaintiff, in the year before his death, that involve disputes, disagreements, or arguments between the two, and which were not kept in confidence between the two, whether on paper or in an electronic format." You happen to know that your client caught her husband having an affair, and threatened to divorce him shortly before his death, in a note she pinned to his office door. What should you do? A.Provide the note, as well as any other responsive and non-privileged messages, within 30 days, because this is a proper Rule 34 request .B.Object to the request, because the note is protected by the work-product privilege. C.Object to the request, because it is irrelevant .D.Object to the request, because it is unduly burdensome given the stakes of the case.
A.Provide the note, as well as any other responsive and non-privileged messages, within 30 days, because this is a proper Rule 34 request.
1,000 former maritime and shipyard employees from the Baltimore area sued 40 different manufacturers of asbestos in a single, joint complaint. They allege that each of them were exposed, at different times and places, to asbestos, and that they fell victim to mesothelioma and other asbestos related diseases as a result. They all allege, on information and belief, that each of the named defendants was responsible for selling or installing the asbestos that was the cause of their various illnesses. If the defendants object, what is the judge most likely to say? A.The claims should be severed because they do not arise from the same transaction or occurrence. B.The claims should be severed because there is no common question of law or fact. C.The claims may be brought in the same case, but the judge should use her discretion to try them all separately. D.The claims may be brought in the same case, and a joint trial would also be preferable.
A.The claims should be severed because they do not arise from the same transaction or occurrence
Markus von Spottswoode wishes to launch his political career by becoming the President. Unfortunately, Markus was born in Germany to two German parents, and he has never applied for U.S. Citizenship. Article II of the U.S. Constitution provides: "No person except a natural born citizen ... shall be eligible to the office of President ... ." Markus files a suit seeking a declaratory judgment that this part of the Constitution is void because "Judges are ultimately bound by moral principles not to violate any person's natural rights, and preventing any person from running for President is immoral." If the defendant files a Rule 11 motion and observes all the necessary formalities, which of the following is most likely? A.The court will sanction Markus for filing a legally frivolous claim. B.The court will sanction Markus for filing a claim that lacks an evidentiary basis. C.The court will sanction Markus for bringing a claim in bad faith .D.The court will not sanction Marku
A.The court will sanction Markus for filing a legally frivolous
The court enters a default judgment against Elissa for $150,000. Six months later, Elissa appears in court and makes a Rule 60(b) motion. She attaches affidavits showing although she was properly served, she had been hospitalized with a life-threatening illness at the time, and found herself unable to either appear herself or hire another lawyer to handle her case. Which of the following is most likely? A.The court will set aside the default judgment based on excusable neglect. B.The court will not set aside the default judgment, but it will hold a hearing to determine whether the damages really amount to $150,000 C.The court will not set aside either the judgment or the damages amount.
A.The court will set aside the default judgment based on excusable neglect
According to my complaint, Elissa "walked right up and punched me in the face outside the law school, without any provocation on my part." I plead that this caused me "$50,000 in medical expenses, and $100,000 in pain and suffering." If the clerk places an entry of default on the record, then: A.The court will treat the allegation that Elissa punched me as admitted. B.The court will treat the allegations regarding damages as admitted. C.Both A & B D.None of the above.
A.The court will treat the allegation that Elissa punched me as admitted.
DVE has unsuccessfully moved to dismiss on the basis of both 12(b)(1) and 12(b)(6). Shortly after it has filed an answer, DVE learns that Peter had fabricated his personal jurisdiction allegations by pretending that he was injured in Florida, when in fact he was injured in Georgia. Peter has no other known connection to the state of Florida. May the company now file a new motion to dismiss under 12(b)(2)? A.Yes B.No
A.Yes
The court has granted summary judgment, holding that Peter has no evidence that Dave was responsible for the dog-napping, and dismisses all of Peter's claims. The court has seen solid evidence that Peter actually knew someone else was responsible for the theft, and believes that justice requires that Peter be sanctioned for his deliberate lies. Would the court be within its discretion to issue a rule to show cause against Peter, and (if he cannot justify his behavior at a hearing) order him to pay a $5000 fine to the court, even though it has already granted summary judgment and dismissed his claims?A.Yes B.No
A.Yes
Peter sues Dastardly Deeds Incorporated for negligence, alleging that the company polluted a local river with toxic waste, leading him to grow a third arm. When the parties meet and confer under Rule 26(f), DDI informs Peter that it will produce a list of witnesses that will support its own defenses, but that "there is no way we are going to tell you who at our company might testify in your favor unless you send us a discovery request." Is this appropriate? A.Yes, because it is consistent with the scope of mandatory disclosures. B.Yes, because this suit is exempt from mandatory disclosures. C.No, DDI must provide a list of all witnesses with relevant information about the lawsuit.
A.Yes, because it is consistent with the scope of mandatory disclosures.
Now that Elissa has mooted my 12(b)(6) motion, I file an answer denying liability. Two weeks later, I realize that I forgot to plead that the statute of limitations for her battery claim had expired. Will I be able to amend my answer to add this affirmative defense? A.Yes, if you file the amended pleading within the next 7 days. B.Only if you can convince the court that you exercised due diligence, that it will not unduly prejudice Elissa's defense, and that the amendment will not be futile. C.Not unless this is also within 21 days after your Rule 12 motion to dismiss her original complaint.
A.Yes, if you file the amended pleading within the next 7 days.
After the complaint was served on them, TC had Apple's lawyers prepare a confidential memo for his review discussing the likelihood that Apple could defeat the lawsuit. The lawyers drafted such a document and marked it as "Privileged and Confidential - Not for Disclosure." They later receive a discovery request that would include the document. Apple refuses to disclose the document on the ground of work-product and attorney-client privileges. If challenged, will these privilege claims be found valid? A.Yes, on both grounds B.Yes to WP, no to AC. C.Yes to AC, no to WP D.No to both
A.Yes, on both grounds
Peter has sued both David, for drunk driving, and Douglas, for negligently serving him too much alcohol when he knew that David would be driving home. David is bringing a cross-claim against Douglas, arguing that he was actually driving the car. May David also add an unrelated battery claim against Douglas? A.Yes. B.No.
A.Yes.
Now assume instead that, after admitting his lies, Peter offers to settle the case with Dave for $1. The parties make a deal, and Peter voluntarily dismisses his own complaint. The court, which has been working for weeks to process the parties' discovery disputes, is outraged that Peter has wasted everyone's time. May the court, relying on its Rule 11 authority, order Peter to publish, on the court's own website, a statement in which he acknowledges that he filed a knowingly false and frivolous claim, wasting public resources? A.Yes B.No
A.yes
If you have previously been sued, and you won, and then the same plaintiff sues you again bringing the same claim as before, your best weapon would be: A.Garnishment B.Res Judicata C.A Deposition D.A Motion for a New Trial E.An Appeal
B
If you wish to sue another citizen of your own state, based on a state-law cause of action, where could you file your claim? A.In a federal district court B.In a state trial court C.In a federal circuit court D.Both A and B
B
When a party files a motion for summary judgment: A.They are objecting to an improper discovery request. B.They think there is not enough evidence for their opponent to prevail at trial. C.They want to exclude evidence. D.They think the complaint was insufficiently detailed. E.They want Judge Dredd to dispense his own brand of "justice" upon the plaintiff
B
Ryan also has a section listing affirmative defenses. In that section, he includes ¶ 10: "Statute of limitations: the Plaintiff waited too long to bring this claim." If I make a Rule 12(f) motion to strike, what will be the most likely result? A.The court will strike the defense because it is scandalous and impertinent. B.The court will strike the defense because it is conclusory. C.The court will not strike the defense.
B. The court will strike the defense because it is conclusory.
In a suit alleging breach of contract, which of the following allegations must be pleaded with specificity? A."The defendant failed to pay what he owed" B."We both believed that the land had oil under it, but this turned out to be a mistake." C."The defendant's breach was willful and intentional." D."The contract is void because I was not of competent age when I signed it."
B."We both believed that the land had oil under it, but this turned out to be a mistake
Let's imagine once again that Peter wishes to bring an auto negligence claim against David. Of the following claims, which would NOT be proper if Peter tried to join them into one action with his negligence claim? A.A claim by Peter against David for an unrelated breach of contract. B.A claim by Peter's friend Pierre against David, for battery based on an unrelated bar brawl C.A claim by Peter's passenger, Paula, against David for auto-negligence in the same crash. D.A claim by Peter against David's father, Donald, for negligently entrusting David with his car keys on the day of the accident.E.All of the above are claims that could properly be added to the cas
B.A claim by Peter's friend Pierre against David, for battery based on an unrelated bar brawl
The court concludes that the defendant negligently failed to preserve maintenance records for her vehicle after she knew that litigation was likely, and that the records in question might have helped you prove a breach of the duty of care. The court, sua sponte, finds that the defendant shall be held in default as a sanction for this spoliation of evidence, and that the only remaining issue for trial will be the amount of damages. Which is most likely? A.A court of appeal will find that no spoliation has occurred in this case .B.A court of appeal will find that this may have constituted spoliation of evidence, but the sanction is improper. C.A court of appeal will affirm both the finding of spoliation and the sanction.
B.A court of appeal will find that this may have constituted spoliation of evidence, but the sanction is improper.
You wish to get access to as much information as possible relating to the design and construction of the motorboat's engine, in hopes of showing that the engine had a dangerous tendency to explode after several months of use. Which of the following requests are leastlikely to be granted in full? A.A request for all the information relating to safety problems in the design of that type of engine that can be found on the company's live servers. B.A request for all the information relating to safety problems in the design of that type of engine that can be found via forensic reconstruction of the company's servers and hard drives. C.A request for all the information relating to safety problems in the design of that type of engine that can be found on serial back-up tapes. D.A request for all the information relating to safety problems in the design of that type of engine that can be found on optical back-up media.
B.A request for all the information relating to safety problems in the design of that type of engine that can be found via forensic reconstruction of the company's servers and hard drives.
Paul requests that DBB admit, under Rule 36, that its sandals "generated complaints from numerous consumers whose feet were dyed a brilliant shade of orange." DBB has received about 50 such complaints out of 100,000 pairs of sandals sold, and the complaints ranged from describing their feet as "slightly orange colored" to saying that "my feet look like they have been dipped in a bag of Cheetos." How should the company respond? A.Admit the allegation in its entirety. B.Admit that it received some complaints from customers about orange-coloration on their feet, but deny that these complaints were "numerous" relative to the overall volume sold, or that the shade was always "brilliant." C.Deny the allegation in its entirety, because this is an issue for the jury to decide. D.Deny the allegation in its entirety, because the allegation taken as a whole is technically incorrect.
B.Admit that it received some complaints from customers about orange-coloration on their feet, but deny that these complaints were "numerous" relative to the overall volume sold, or that the shade was always "brilliant."
Peter sues Dastardly Deeds Incorporated for polluting a local river with toxic waste, leading him to grow a third arm. Peter's lawyer doesn't want to produce any estimate of his damages until he has an opportunity for discovery, because he feels that it is too speculative at this point and he doesn't want to violate Rule 11. Which of the following would be an appropriate way to handle this? A.File a motion with the judge seeking a protective order barring all discovery on this subject .B.Ask for a stipulation by DDI that this information does not have to be automatically disclosed, or include an objection in the discovery plan. C.Just provide the damages computation, because the rule makes it mandatory.
B.Ask for a stipulation by DDI that this information does not have to be automatically disclosed, or include an objection in the discovery plan.
Florida is a: A.Writ-pleading state B.Fact-pleading state C.Notice-pleading state D.None of the above
B.Fact-pleading state
I sue Elissa for punching me in the face, andhave her personally served with process. 30 days later, she has not appeared in court, made a motion to dismiss, or filed an answer. What should I do next? A.Wait 31 more days, as she has 60 days to answer a complaint. B.File an affidavit with the clerk of court showing that she has defaulted and request an entry of default. C.File a motion seeking a default judgment.
B.File an affidavit with the clerk of court showing that she has defaulted and request an entry of default.
Paula and David are business partners, as well as spouses. Paula sues David for mismanaging the business. She hires a process server to bring the papers to their shared home, andaccepts them on David's behalf. She throws them in the trash, waits 21 days, and then tells her lawyer ask for a default judgment. When David finds out, he makes a 12(b)(5) motion. What result? A.Granted because Paula violated Rule 4. B.Granted because Paula violated the Due Process Clause. C.Denied, the service was proper.
B.Granted because Paula violated the Due Process Clause.
Peter has sued both David, for intoxicated driving, and his friend Douglas, for negligently serving David too much alcohol when he knew that David would be driving home. If David wishes to add a claim against Douglas, alleging that Douglas was actually driving the car when it crashed, which of the following is true? A.He will be allowed to implead him. B.He will be allowed to bring a cross claim against him. C.He will be allowed to bring a counter-claim against him. D.None of the above.
B.He will be allowed to bring a cross claim against him.
Elissa eventually obtains the actual recipe for the scones in discovery, and fails to turn up any other evidence that they contain ashes. Which of the following is the case? A.If she fails to withdraw and amend her complaint, the court may sanction her under Rule 11. B.If she files a new pleading or other paper asserting that the scones contain ashes, or continues to advocate the prior claim that they do, the court may sanction her under Rule 11. C.Both A & B are true D.Neither A nor B are true
B.If she files a new pleading or other paper asserting that the scones contain ashes, or continues to advocate the prior claim that they do, the court may sanction her under Rule 11.
During discovery, Elissa discovers that my wife, rather than I, was driving the car at the time of the crash, and that she was intoxicated. Both Elissa and I have filed one amended pleading thus far. Will she be allowed to plead a new claim against me for negligent entrustment, alleging that it was negligent for me to give the keys to Sarah on that fateful day? (The SOL for negligence claims has not yet expired.) A.Yes, if is within 21 days of your amended answer. B.It depends on whether she exercised due diligence in discovering who was driving the car at the outset of the case. C.No, the period for amending the complaint has expired..
B.It depends on whether she exercised due diligence in discovering who was driving the car at the outset of the case.
Imagine instead that you are representing the plaintiff in the same auto negligence case. The defendant has filed a summary judgment motion, supported by an affidavit from his client, in which he argues that there is no material dispute of fact on the issue of whether he was drinking. You are sure his client is lying but do not have any evidence to support this theory, in part because you have not deposed the defendant. What is your best course of action? A.Argue that the judge should deny the motion because the defendant is lying in his affidavit and no jury could reasonably believe him B.Move for an extension of time under Rule 56(d) in which to seek additional discovery .C.Have your client file an affidavit alleging that the defendant was drinking in a bar three hours before the accident.
B.Move for an extension of time under Rule 56(d) in which to seek additional discovery.
Now imagine that Peter had hired Lionel Hutz, a local lawyer, to help him to sue Dave for stealing his schnoodle. Hutz files an amended complaint, adding a loss of consortium claim. Dave serves Peter with a Rule 11 motion, and then files it 21 days later after Hutz refuses to withdraw the paper; at the same time, he files a motion to dismiss the claim, because the doctrine does not cover the loss of a pet. The court concludes that this claim is "frivolous in the extreme," dismisses the claim, and orders Peter to pay Dave's attorney's fees incurred in defending against it. Will this be upheld on appeal? A.Yes B.No
B.No
Peter files a claim against Dave for conversion, claiming that Dave kidnapped Peter's pet schnoodle. His complaint stated, "on information and belief, I saw Dave steal my dog from my house." He later admitted during a deposition that he hadn't witnessed the theft, and was suing Dave just because "that guy has always seemed suspicious to me." The court eventually grants summary judgment, holding that Peter has no admissible evidence that Dave was responsible for the dog-napping. One week after the suit was dismissed on the merits, Dave serves a Rule 11 motion on Peter, waits 21 days, and then files the motion with the court, arguing that Peter's claim was unsupported by evidence when he made it. Should the court grant the motion and award sanctions against Peter? A.Yes B.No
B.No
Peter sues Dangerous Vaccum Enterprises, claiming they sold him a robotic vacuum that ran amok and killed his dog. DVE files a motion to dismiss Peter's complaint for failure to state a claim on which relief can be granted. It loses that motion, and files a second motion raising a defect in subject matter jurisdiction. Under Rule 12, will the judge reject DVE's new motion based on forfeiture? A.Yes B.No
B.No
The court has granted summary judgment, holding that Peter has no evidence that Dave was responsible for the dog-napping, and dismisses all of Peter's claims. The court believes that Peter's poor pleading was in bad faith, and believes that even though Dave's motion came too late, justice requires that Peter be sanctioned for his deliberate lies. Would the court be within its discretion to sanction Peter, sua sponte, by making him pay Dave's attorneys' fees? A.Yes B.No
B.No
An Arkansas statute authorizes notice in delinquent-tax home-foreclosure cases by certified mail to the defendant's last known home address, followed by publication notice if the letter is returned unclaimed. Will this method satisfy the Due Process Clause? A.Yes, because a reasonable person would use publication after certified mail service fails. B.No, because a reasonable person would try harder to give effective notice, given the high stakes of the case.
B.No, because a reasonable person would try harder to give effective notice, given the high stakes of the case
The amendment was denied, and my claims against Ryan still include battery and trespass to chattels. Two days into the trial, I introduce evidence suggesting that, in addition to the events described in her complaint, Ryan stole my cat Easement. Which of the following is Ryan's best course of action? A.Call his own witnesses to show that this new claim is invalid. B.Object that this evidence is outside the scope of the pleadings. C.Move to amend his answer to incorporate a denial of this new allegation .D.Move for a mistrial because of preparation prejudice. E.All of the above.
B.Object that this evidence is outside the scope of the pleadings.
Peter also files an interrogatory asking the defense to provide "a list of all documents in your client's possession that relate in any way to the possession, use, storage, or disposal of any waste product, or to any instance in which there was failure to exercise due care in the workplace." How should defense counsel respond to this request? A.Inform Peter that it cannot answer this because the CEO doesn't know all of the documents the company possesses. B.Object that this request is vague and overbroad. C.Object that all the requested documents are protected by a privilege. D.Provide Peter with a list of all the requested documents.
B.Object that this request is vague and overbroad.
Elissa drafts and signs an amended complaint. Now, she alleges that she has ordered a scone at Spotty Bakeries on more than 100 occasions, that the scones were contaminated with harmful and toxic chemicals, and that she has developed throat cancer as a result. During her deposition, however, she admits that she visited the store exactly once, and ordered a croissant, not a scone. SB's defense attorney would like to get sanctions for Elissa's false accusation if they are available. How should she proceed? A.File a Rule 11 motion with the court, and serve a copy on Elissa. B.Serve a Rule 11 motion on Elissa, but do not give it to the court for 21 days. C.Deny the allegation in an answer, but do not make a Rule 11 motion, because this does not rise to the level of a Rule 11 violation.
B.Serve a Rule 11 motion on Elissa, but do not give it to the court for 21 days.
Elissa Gentry buys a scone from Spotty Bakeries, but later regrets that decision. She files a negligence claim against SB, arguing that the defendant fed her something that "tasted like ashes and dust." She fails to sign this complaint. If SB makes a motion under Rule 11, and Elissa refuses to alter her complaint, what is likely that the court will do? A.Deny the motion B.Strike the complaint C.Enter an award of sanctions
B.Strike the complaint
Following a car crash, P sues D for negligence, and D raises the defense of contributory negligence on the part of P. P & D file cross-motions for summary judgment, both of which are supported by citations to the available discovery materials, but neither can present evidence that is sufficient to allow a reasonable jury to find that their opponent behaved negligently. What should the court do? A.The court should grant P's motion and render judgment on the merits against D. B.The court should grant D's motion and render judgment on the merits against P. C.The court should deny both motions, and set the case for a trial on the merits of P's claim.
B.The court should grant D's motion and render judgment on the merits against P.
My claims against Ryan include battery, IIED and trespass to chattels. In his answer, he denies that he ever hit me with his car. From the time until trial, which takes place a year later, I make no effort to take Ryan's deposition. The three-year statute of limitations ran out the day after I filed my complaint. When Ryan takes the stand in his own defense, he testifies that he was not driving the car; instead it was his identical twin Bryan Abbott, who I never knew existed. I ask for a continuance and for permission from the court to amend my complaint to name Bryan as an additional defendant, claiming that I never knew he was involved. Bryan and Ryan have not spoken since the day of the crash, so as far as Ryan or I know he still has not heard anything about my lawsuit against his brother. Which of the following is most likely? A.The court will decide that the amendment should not be allowed because I did not exercise due diligence in discovery. B.The court will decide that the amendment should be denied as futile, because the new claim is time-barred and the amendment would not relate back. C.The court will permit the amendment.
B.The court will decide that the amendment should be denied as futile, because the new claim is time-barred and the amendment would not relate back.
After news reports surfaced about the problem, but before any lawsuits were filed, Apple's lawyers interviewed Tim Cook, and obtained key information regarding the design meetings he held regarding the XS++. The lawyers did not take any notes about what they learned from Cook, nor did they record the meeting. The defendant learns about this interview. He seeks to depose the defense lawyers so that he can ask what Cook might have told them. Which of the following answers are correct? A.The defendant should object because the discovery isn't relevant. B.The defendant should object on the basis of attorney-client privilege. C.The defendant should object on the basis of Rule 26(b)(3) .D.The defendant should not object, because this is a proper subject for discovery.
B.The defendant should object on the basis of attorney-client privilege.
A Kansas statute authorized service of process in eminent domain proceedings either "in writing or via publication in the city newspaper." Defendant Walker's name was known to the City of Hutchinson, but when it sued to condemn his property, it gave notice via publication only. Walker did not find out that the suit had occurred until after a default judgment had been granted against him, which awarded him $750 as the total value of his house A.This notice procedure was sufficient to satisfy Mullane B.This notice procedure violates the Due Process Clause and is therefore invalid.
B.This notice procedure violates the Due Process Clause and is therefore invalid.
Your client is being sued for auto negligence arising out of a hit-and-run collision with a pedestrian. You file a motion for summary judgment, alleging that the plaintiff "has offered no evidence that the defendant was driving the car that hit him." You attach an affidavit from your client denying that he was driving the car, and the plaintiff's deposition, in which he admits that he blacked out after the accident and cannot say who hit him. A.You will prevail unless the plaintiff can produce evidence that convinces the judge that your client was driving. B.You will prevail unless the plaintiff can produce evidence on which a reasonable jury could find that the defendant was probably driving. C.You will lose because this is not a material issue of fact. D.You will lose because you have not shown that there is no dispute of material fact.
B.You will prevail unless the plaintiff can produce evidence on which a reasonable jury could find that the defendant was probably driving.
Your client is sued for auto negligence. You file a motion for summary judgment, alleging that the plaintiff "has offered no evidence that the defendant consumed alcohol before the accident." You do not cite any affirmative evidence for this position; instead, you merely point out that the plaintiff has not listed any witnesses who could support this position either in his initial disclosures or in response to an interrogatory request specifically seeking such information. A.You will prevail unless the plaintiff can produce evidence that convinces the judge that your client was drinking .B.You will prevail unless the plaintiff can produce evidence on which a reasonable jury could rely in finding that your client was drinking. C.You will lose because this is not a material issue of fact. D.You will lose because you have not shown that there is no dispute of material fact.
B.You will prevail unless the plaintiff can produce evidence on which a reasonable jury could rely in finding that your client was drinking.
Let's say that Ryan instead pleads the affirmative defense in his answer as follows:"¶ 10: The incidents alleged in Plaintiff's complaint occurred more than five years before the date on which the complaint was filed."¶ 11: Because the Plaintiff was present for these alleged events, he would have had knowledge of them the moment they occurred.¶ 12 Plaintiff's claim is therefore barred by the applicable 3-year statute of limitations."Based on this defense, should the judge dismiss the complaint? A. yes b. no
Bno
If you lose a case in a state trial court, how should you try to change that result? A.Appeal to federal district court B.Appeal to federal circuit court C.Appeal to an intermediate state court D.Appeal to the state supreme court E.All of the above
C
When filing a claim in federal court, you need to provide: A.A precise and technical statement showing that you are entitled to relief B.A short and plain statement of the ultimate facts that entitle you to relief C.A short and plain statement of your claim, sufficient to show that you are entitled to relief D.A short and plain statement that you are bringing a claim against the defendant
C.A short and plain statement of your claim, sufficient to show that you are entitled to relief
Peter sues David for automobile negligence. He then files an amended complaint joining his sister Paula, who wishes to bring two claims of her own against David: One for injuring her in the same collision that Peter is suing about, and the second for firing her from her job two months before the accident (David also happens to be her former boss). Which of these claims may she add to the case under Rules 18 and 20? A.The automobile negligence claim B.The wrongful termination claim C.Both claims D.Neither claim
C.Both claims
Paula and Danielle got into a car accident, and Paula files a suit against Danielle for damages in federal court. She hires a process server to deliver the papers to Danielle. Danielle doesn't want to get sued, so when the server finds her in her office at work, she pretends to be someone else. The server has seen her photo and her name is on the office door, so he tries to hand her the papers anyway. Danielle puts her hands in her pockets, so the server simply places the papers on the desk in front of her and says, "Paula ___ is suing you for damages. You have been served." If Danielle then moves to dismiss the suit for insufficient service of process, what should be the result? A.Granted because Paula violated Rule 4. B.Granted because Paula violated the Due Process Clause. C.Denied, the service was proper.
C.Denied, the service was proper.
Elissa also alleges, "on information and belief" that "Spotty Bakeries adds actual ashes to their scones." She sent a pre-trial demand letter asking if this was the case, which the company refused to answer. Defense counsel, having reviewed the actual recipes for the scones, knows that the allegation is false; SB actually adds a proprietary blend of baking soda, minerals, and MSG that is grey in color and has a "lightly ashy taste." What should defense counsel do? A.File a motion to dismiss. B.Serve a Rule 11 motion on Elissa, so that she has an opportunity to correct her mistake. C.Deny the allegation in an answer, but do not make a Rule 11 motion.
C.Deny the allegation in an answer, but do not make a Rule 11 motion.
David believes that Peter may, in fact, be the party whose negligence was the cause of the accident. If he fails to plead this counterclaim in his answer, which of the following will be true? A.He will not be allowed to amend the answer to add the claim later on, because it was a compulsory counterclaim. B.He will subject to a sanction by the court for omitting a compulsory claim. C.He will not be allowed to bring the claim in a subsequent suit. D.None of the above
C.He will not be allowed to bring the claim in a subsequent suit.
In a negligence suit alleging a defective repair of a car's brakes that caused a violent crash, which of the following would a court most likely conclude needed to be pleaded with particularity? A.Damages for the cost of the mangled car B.Medical costs arising from the accident C.Lost wages from hand modelling due to superficial scars D.Punitive damages
C.Lost wages from hand modelling due to superficial scars
You served a Rule 34 request upon the plaintiff, seeking access to all records in her possession or control that involve maintenance to her car's braking system. 30 days after receiving this notice, she sends you a list of blanket objections, stating that all such documents are irrelevant, privileged, and confidential, and that producing them would be excessively burdensome. You call her to confer, but she ignores all your calls. What should you do next? A.Call the lawyer to try and confer in good faith to resolve the issue. B.Move for a protective order C.Move to compel her to produce the documents D.None of the above
C.Move to compel her to produce the documents
Now my claims against Ryan include battery and trespass to chattels. We conduct discovery and then a trial is scheduled. Two days before the trial, I seek to amend my complaint to allege that Ryan also stole my cat, Easement. The statute of limitations for conversion claims has run out as of the day after I filed my original case, which is now more than a year ago. Should the judge allow the amendment? A.Yes. B.Only if I can show that I exercised due diligence in identifying this new cause of action. C.No, because the amendment would be futile. D.No, because I am acting in bad faith
C.No, because the amendment would be futile.
Your opponent files a Rule 34 request, seeking access to "any and all documents in the defendant's possession that might be relevant in this litigation." What is your best response? A.Produce all documents that fit that description B.Object that all those documents are protected by work-product privilege C.Object that this request is vague and overbroad, and that she must describe the documents she wants with more specificity before you are obliged to produce anything. D.Move to sanction her for making an overbroad request .E.None of the above.
C.Object that this request is vague and overbroad, and that she must describe the documents she wants with more specificity before you are obliged to produce anything.
Elissa Gentry sues Spotty Bakeries for serving tainted scones, but the court concludes that his claim is legally frivolous, because of binding Supreme Court authority holding that such suits are preempted by the FDA's food safety regulations. After issuing a show cause order and holding a hearing, the judge orders Elissa's lawyer to pay a $5000 fine for filing a legally frivolous claim. Will this sanction be upheld on appeal? A.Probably yes, unless the claim had already been voluntarily dismissed or settled before filing .B.It depends on whether the court finds that there is a colorable argument that could persuade the Supreme Court to change its mind. C.Probably not, unless the district court also found that Elissa's lawyer pleaded this claim in bad faith.
C.Probably not, unless the district court also found that Elissa's lawyer pleaded this claim in bad faith.
After news reports surfaced about the problem, but before any lawsuits were filed, Apple's lawyers interviewed some customers who had experienced problems with their phones. The lawyers did not take any notes about what they learned, nor did they record the meetings. The defendant learns about these interviews. He seeks to depose the defense lawyers so that he can ask what the customers might have told them. Which of the following answers are correct?A.The defendant should object on the basis of attorney-client privilege. B.The defendant should object on the basis of Rule 26(b)(3). C.The defendant should object on the basis of Hickman v. Taylor D.The defendant should not object, because this is a proper subject for discovery.
C.The defendant should object on the basis of Hickman v. Taylor
A Kentucky statute authorizes service of process in tenant eviction proceedings by posting notice of eviction on a tenant's front door. If a defendant in an eviction case appears specially and challenges the sufficiency of this notice, what will occur? A.The tenant will lose, because if he is present in court he received adequate notice. B.The tenant will lose, because he is reasonably likely to see notice posted on his front door. C.The tenant will win, because a reasonable landlord would employ a better notice procedure.
C.The tenant will win, because a reasonable landlord would employ a better notice procedure.
If Congress passes a law allowing you to sue another resident of your state, where can you sue to enforce it? A.In a federal district court B.In a state trial court C.In a federal circuit court D.Either A or B, but not C E.A, B, and C
D
Mullane held that notice will be inadequate to satisfy the Due Process Clause: A.When a newspaper ad is used. B.When it fails to actually notify the party about the lawsuit. C.When another method would be more likely to give actual notice. D.When a reasonable person, who wants to actually notifysomeone, would do more under the circumstances.
D
Paul sues Dan in Massachusetts federal district court, seeking $100,000 for his injuries in a recent car crash. He gets a U.S. Marshall to effect service. When the Marshall knocks on Dan's door, Dan is not home, so the Marshall hands the summons and complaint to Dan's son, who is visiting from out of town. Dan's son gives it to his father later that day. Dan's lawyer moves to dismiss under Rule 12(b)(5). The court should: A.Deny the motion because D had actual notice of the case. B.Deny the motion because D was served at his "dwelling or usual place of abode" C.Grant the motion because the Constitution requires personal service in a case like this. D.Grant the motion because the Federal Rules of Civil Procedure do not authorize this type of notice. E.There is insufficient information to answer this question.
D
Housekeepers are fired by a new state governor after an election. They sue, and allege that (1) he overheard them talking politics, (2) they made statements of support for his defeated opponent, and (3) he fired them a few hours later without explanation. Under § 1983, they could win relief if they can show that they were fired because of their protected political speech. Will this complaint be dismissed under Twombly and Iqbal? A.Yes, the allegations are conclusory. B.No, they have pleaded some facts to support a retaliation claim. C.No, they have given fair notice of their claim. D. It depends on a judge's view of what, if any, legal claims these allegations can plausibly show
D. It depends on a judge's view of what, if any, legal claims these allegations can plausibly show
Assume that on a motion to dismiss, the judge finds conclusory allegations within the complaint. What should she do? A.Deny the motion to dismiss. B.Grant the motion to dismiss. C.It depends on what the remaining allegations can plausibly show.
D. It depends on what the remaining allegations can plausibly show.
In a tort suit for fraud, which of the following elements should a careful lawyerplead in greater detail? A."I entered into a contract with the defendant" B."He induced me to sign by lying about how valuable his art collection was." C."In fact, it was worthless, and I lost a ton of money" D.All of the above E.None of the above
D.All of the above
Peter is suing David for auto negligence after the two of them got into a crash. Which of the following claims could he join to his negligence claim? A.A claim alleging that the "accident" was intentional, and therefore a battery B.A claim that David defamed him last year by saying that he "has Johnny Depp teeth" C.A claim that David has been "subjecting him to microwave testing." D.All of the above. E.None of the above.
D.All of the above.
Paul sues Dan in Massachusetts federal district court, seeking $100,000 for his injuries in a recent car crash, and arranges for the U.S. Marshall to deliver process at Dan's home by nailing the summons and complaint to his front door and sending him a second copy of both via certified mail. Dan sees the forms on his door when he returns from work. Dan's lawyer moves to dismiss under Rule 12(b)(5). The court should A.Deny the motion because D had actual notice of the case. B.Deny the motion because D was served at his "dwelling or usual place of abode" C.Grant the motion because the Constitution requires personal service in a case like this. D.Grant the motion because the Federal Rules of Civil Procedure do not authorize this type of notice. E.There is insufficient information to answer this question.
D.Grant the motion because the Federal Rules of Civil Procedure do not authorize this type of notice. B.There is insufficient information to answer this question.
Peter is suing David for auto negligence. David believes that his friend Donald was also responsible for the accident because Donald loaned David his car keys despite knowing that David was drunk. The applicable law provides that joint tortfeasors are jointly and severally liable for the full amount of a plaintiff's damage, with a right of contribution between them. Which of the following could David do under the FRCP? A.Join Donald as a defendant under Rule 20. B.File a counterclaim against Donald under Rule 13. C.File a cross-claim against Donald under Rule 13. D.Implead Donald under Rule 14 .E.None of the above.
D.Implead Donald under Rule 14
Peter is suing DI for toxic exposure leading him to grow a third arm after he swam near one of the company's facilities on the Wakulla River. He files an interrogatory demanding to know "the names, titles, and role of each person who worked on the Waste Disposal Team at the Wakulla office of DI." The CEO, upon reviewing this request, says that he has no idea which of his employees were involved. What should DI's lawyer do in response to this request? A.Inform Peter that it cannot answer this because the CEO doesn't know the names of all of these people. B.Object that this request is overbroad and excessively burdensome. C.Object that DI is not required to disclose the names of witnesses beyond those who it plans to call to support its own defenses. D.Investigate the matter and provide a detailed answer as requested.
D.Investigate the matter and provide a detailed answer as requested.
You obtain an order compelling her to produce the documents, but she does not turn them over by the time limit. What should you do next? A.Call the lawyer to try and confer in good faith to resolve the issue .B.Move for a protective order C.Move to compel her to produce the documents a second time D.Move to sanction her under Rule 37 E.None of the above
D.Move to sanction her under Rule 37
TC had Apple's lawyers prepare a confidential memo for his review discussing the likelihood that Apple could defeat the lawsuit. The lawyers drafted such a document and marked it as "Privileged and Confidential - Not for Disclosure." When a lawyer from the plaintiff meets with Apple's defense team to discuss settlement, a defense attorney shows him the document in order to demonstrate that their claim was frivolous. (He is then promptly fired by his boss.) The next day, Apple's lawyers receive a discovery request for the document. Apple objects on the ground of WP and AC privileges. Will the objections succeed? A.Yes, on both grounds B.Yes to WP, no to AC. C.Yes to AC, no to WP D.No to both
D.No to both
Vasili Targaryenovich, who is currently incarcerated, claims that he was severely beaten by prison guards and that he developed amnesia as a result. He cannot remember who was responsible, so on the last day of the limitations period, he files a suit naming "John Doe" as a defendant, and charges Doe with violating his 8thAmendment right against cruel and unusual punishment. In the complaint, he states that he is naming Doe because he lacks knowledge regarding the proper party's identity. 10 days after he filed the complaint, he learns that another prisoner witnessed the assault. Based on this new information, he files an amended complaint that is identical to the first one, except that it substitutes "Karl Drogo" as the defendant instead of Doe. After being promptly served with process, Drogo moves to dismiss, arguing that this amended complaint is barred by the statute of limitations. Should the court find that the new claim against Karl Drogo relates back to the date of the original filing? A.Yes, this is a proper amendment. B.No, because this new claim arises out of a different transaction or occurrence then the old claim .C.No, because Karl Drogo lacked timely notice of the new claim. D.No, because Karl Drogo did not receive notice that he would have been sued but for a mistake concerning the identity of the proper party.
D.No, because Karl Drogo did not receive notice that he would have been sued but for a mistake concerning the identity of the proper party.
Notice - The Due Process Rule
DP requires, at a minimum, adequate notice and an opportunity for a hearing before a deprivation. Due process requires "notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections."Ergo, "process which is a mere gesture is not due process"
I sued Elissa for battery. The court entered a default judgment for $150,000. Two years later, Elissa appears in court and makes a Rule 60(b) motion. She attaches affidavits showing that my process server did not actually serve her, but rather a student I hired to sit in her office and impersonate her, and states that she did not receive actual notice of the suit until after default judgment was entered. She also attaches an affidavit from the student who perpetrated the fraud, as well as a witness to the encounter. Which of the following is most likely? A.The court will set aside the default judgment because my judgment against Elissa is void due to insufficient service of process B.The court will not set aside the default judgment, but it will hold a hearing to determine whether the damages really amount to $150,000 C.The court will not set aside either the judgment or the damages amount.
a. A.The court will set aside the default judgment because my judgment against Elissa is void due to insufficient service of process
Tearing his hair out, Paul tries one more time. This time, he mails a copy of the complaint to Dan, two copies of the Rule 4(d) waiver form, and a prepaid envelope for returning the waiver. He also notifies Dan of the date the request was sent and the court in which the lawsuit is pending. Dan receives the letter and its attachments and throws them in the trash. What is Paul's recourse? a.Move for a default judgment. b.Make proper service on Dan, and bill him for the costs of doing so. c.Move to dismiss the case under 12(b)(5) d.There is insufficient information to answer this question.
b.Make proper service on Dan, and bill him for the costs of doing so.
The court enters a default judgment against Elissa for $150,000. After I attempt to collect on it, she appears in court and moves to set aside the default judgment. In support of her motion, she offers the affidavits of three witnesses who say that she only punched me in self-defense after I menaced her with a chainsaw. These witnesses also maintain that she barely touched me, and that I wasn't even bleeding after the blow. Which of the following is most likely? A.The court will set aside the default judgment because there is good cause not to make Elissa pay the judgment. B.The court will not set aside the default judgment, but it will hold a hearing to determine whether the damages really amount to $150,000 C.The court will not set aside either the judgment or the damages amount.
c. The court will not set aside either the judgment or the damages amount.
I sue Ryan Abbott for trimming my hedges into a lewd shape without my consent. In response to ¶ 5 of my complaint, which states that "Defendant trespassed on my property without permission while carrying a chainsaw," which of the following would be appropriate in Ryan's answer? A."I lack knowledge to form a belief regarding allegation ¶ 5." B."I neither admit nor deny ¶ 5 because trespass is a legal conclusion." C."In response to ¶ 5, I admit that I entered onto Plaintiff's property while carrying a chainsaw, but deny that it was a 'trespass' or 'without permission.'" D.All of the above
c."In response to ¶ 5, I admit that I entered onto Plaintiff's property while carrying a chainsaw, but deny that it was a 'trespass' or 'without permission.'
In a suit for battery, the plaintiff alleges that the defendant, "Walked up to me and hit me in the face on the street." If the defendant makes a 12(b)(6) motion to dismiss for failure to state a claim on which relief can be granted, which of the following is most likely? A.The court will grant the motion unless the complaint states with specificity how the contact occurred B.The court will grant the motion if it thinks the allegation is probably untrue C.The court will assume that the allegation is true for the purposes of resolving the motion D.The court will treat the fact as proven for the remainder of the lawsuit
c..The court will assume that the allegation is true for the purposes of resolving the motion
Pedro was injured in an auto accident, and files a complaint alleging the negligence of David, the other driver. In the complaint, he repeatedly refers to David as "an ugly pedophile." If David is offended by this, what option does he have to address it? A.File a motion to dismiss B.File a motion for a more definite statement C.File a motion to strike D.He should do nothing, as the rules give him no corrective option
c.File a motion to strike
Fully exasperated, Paul tries a third time. This time, Paul waits until he sees Dan at the mall, and personally hands him a copy of the summons and complaint. Dan's lawyer moves to dismiss under Rule 12(b)(5). The court should: a.Deny the motion because D had actual notice of the case. b.Deny the motion because D was personally served, and such service is always constitutionally adequate. c.Grant the motion because the Federal Rules of Civil Procedure do not authorize this type of notice. d.There is insufficient information to answer this question. e.There is sufficient information, but I still have no idea!
c.Grant the motion because the Federal Rules of Civil Procedure do not authorize this type of notice.
Which of the following is a reason that a complaint can be dismissed? A.The allegations are entirely conclusory. B.The well-pleaded factual allegations do not make relief plausible. C.The complaint is too long. D.All of the above.
d. All of the above.
Assume that David is successful with his motion to strike. He then realizes, for the first time, that he was served a complaint without any summons attached, and the complaint, although clearly written to allege facts that make relief plausible, is contrary to the facts that actually occured. What should he do? A.File a motion to dismiss under Rule 12(b)(4) B.File a motion to dismiss under Rule 12(b)(5) C.File a motion to dismiss under Rule 12(b)(6) D.File an answer
d.A.File an answer
Peter files a complaint against Dan in federal court. It contains a proper caption, an allegation of diversity jurisdiction, the statement, "I like gazpacho soup," and a prayer for relief in the form of $100,000. Under the Rule 8 standard as described in Conley, should the court dismiss the complaint? A.No, there are some facts consistent with those claims that would entitle the pleader to relief. B.Yes, he has failed to give proper notice of what claims he will be bringing.
idk
Which of the following is not a reason why your claim could be dismissed in a federal court? A.You failed to allege jurisdiction B.You failed to give some notice of your claim C.You pleaded mutually contradictory causes of action D.You filed your claim in the wrong court system
you pleaded mutually contradictory causes of action
Paul is ready to give up. No matter what he does, Dan seems to find a way to dodge service of process based on the methods listed in Rule 4. As Paul's lawyer, what would you do?
•ANSWER: Relying on a state rule and FRCP 4(e)(1), get judicial permission to serve him by some other means, such as by certified mail, e-mail, or publication (or a combination of these).