Civil Procedure and Judicial Decisions Quiz

Questions and Answers

May the trial judge sanction the associate for not having sufficient knowledge of the case?

True

Is the court likely to strike the jury demand in the case involving representatives of estates against the foreign manufacturer?

True

Is the appellate court likely to uphold the trial court's refusal to modify the jury instruction during the patent infringement trial?

True

Which standard should the court use in ruling on the railroad's renewed motion for judgment as a matter of law?

The court should view the evidence in the light most favorable to the personal injury attorneys. Signup and view all the answers

Should the court grant the entrepreneur's motion to dismiss for lack of subject-matter jurisdiction?

False Signup and view all the answers

What law of negligence should the court apply in the case between the truck driver and the bus driver?

The court should apply the negligence law that a state court in State B would apply. Signup and view all the answers

What is the most likely argument that will achieve the designer's goal of dismissal of the third-party complaint in the product liability case?

The manufacturer's third-party complaint failed to state a proper third-party claim. Signup and view all the answers

Should the judge strike the potential juror for cause in the breach of contract case?

True Signup and view all the answers

Is the appellate court likely to uphold the trial court's ruling in the discrimination case?

False Signup and view all the answers

Should the court grant the company's motion for judgment as a matter of law in the insurance dispute case?

False Signup and view all the answers

What standard of review applies to the university's argument about previous accidents being irrelevant?

Abuse of discretion. Signup and view all the answers

Should the appellate court hear the merits of the surgeon's appeal?

False Signup and view all the answers

Is the court of appeals likely to grant the requested writ of mandamus?

True Signup and view all the answers

Is the court of appeals likely to grant the interlocutory appeal?

True Signup and view all the answers

Is the appellate court likely to have jurisdiction over the appeal?

False Signup and view all the answers

Is the court likely to dismiss the action for improper service of process?

True Signup and view all the answers

What is the likely explanation if the court grants the company's motion to dismiss based on the state-court judgment?

Claim preclusion bars the motorcyclist's action against the company. Signup and view all the answers

What should the worker argue in response to the motion for summary judgment?

Argue that more time is needed for additional discovery to show the manufacturer's liability. Signup and view all the answers

Is the court likely to grant the employer's motion to intervene?

True Signup and view all the answers

Is the court likely to dismiss the action for FNC?

True Signup and view all the answers

Should the court grant the summary judgment motion?

True Signup and view all the answers

Should the court dismiss the accountant's complaint?

True Signup and view all the answers

Should the court grant the corporation's motion to dismiss?

False Signup and view all the answers

Is the court likely to find that the patient's claim is time-barred?

True Signup and view all the answers

Should the court grant the employee's motion to dismiss the counterclaim?

True Signup and view all the answers

What action should the corporation take to add the manufacturer as a party?

Serve a summons and complaint on the manufacturer as a third-party defendant. Signup and view all the answers

Is the contractor entitled to a jury trial?

True Signup and view all the answers

Is the contractor's attorney able to prevent the case from being submitted to the jury?

True Signup and view all the answers

Is the court likely to preclude the car manufacturer from litigating the merits of the teacher's negligence claim?

False Signup and view all the answers

Is the judge likely to grant the valet's motion for a mental exam?

True Signup and view all the answers

What was the lead attorney's instruction to the associate at the final pretrial conference?

Be careful about which commitments the associate made at the conference. Signup and view all the answers

Which of the following motions is most likely to accomplish the airline's goal of preventing the State A federal court from hearing the action?

A motion to transfer the action to a federal court in State C Signup and view all the answers

Is removal proper when the motorcyclist filed a notice of removal in the federal court for the Eastern District of State A?

True Signup and view all the answers

May the federal district court in State B hear the case against the novelist for breach of contract?

False Signup and view all the answers

Should the district court grant the nurse's motion to dismiss for lack of complete diversity between the parties?

Yes, because there is a lack of complete diversity. Signup and view all the answers

Should the court grant the employee's motion to remand the worker's compensation action back to state court?

True Signup and view all the answers

Should the court grant the truck driver's motion to order the garbage worker to submit to a physical examination?

Yes, because federal procedural rules apply. Signup and view all the answers

Should the State B court grant the defendant's motion to dismiss based on the preclusive effect of the State A federal court's judgment?

True Signup and view all the answers

The State A federal court may exercise personal jurisdiction without violating the Due Process Clause, but State A's long-arm statute does not grant personal jurisdiction over the homeowner. May the State A federal court exert personal jurisdiction over the homeowner?

No Signup and view all the answers

Which choice-of-law rules must the court use to determine whether State C's guest statute applies?

State B's choice-of-law rules Signup and view all the answers

How should the attorney advise the driver in response to the negligence action?

File an answer raising the affirmative defense of contributory negligence and asserting a counterclaim for negligence. Signup and view all the answers

May the art collector bring an interpleader action against his cousins in a State A federal court?

True Signup and view all the answers

Is the court likely to allow the manufacturer to substitute another entity as a defendant?

Yes, because the other entity knew of the original lawsuit. Signup and view all the answers

What is the mechanic's best response to the driver's complaint?

Answer the complaint within 21 days and don't include an affirmative defense of insufficient service of process. Signup and view all the answers

Should the court grant the landowner's motion for sanctions due to the claim's lack of legal basis?

No, because the motion wasn't made separately. Signup and view all the answers

Should the court grant the motion to sever the record label's suit for misjoinder?

True Signup and view all the answers

What should the lawyer do to secure the patent holder's right to a jury trial?

File and serve a complaint that includes a jury trial demand. Signup and view all the answers

What is the grocery chain's strongest argument against the plaintiff's entitlement to a jury trial?

The remedy sought is primarily equitable in nature. Signup and view all the answers

Does the botanist have a Seventh Amendment right to a jury trial on his claims?

True Signup and view all the answers

Is the court likely to grant the employee's demand for a jury trial in State B?

False Signup and view all the answers

What standard should the court apply to determine how to rule on the railroad's motion for judgment as a matter of law?

Whether there is substantial evidence in the record to support the verdict. Signup and view all the answers

What is the purchaser's best response to the seller's separate defense of patterning frivolous lawsuits?

Move to strike the separate defense as irrelevant. Signup and view all the answers

What motion or pleading should the man's attorney file to address the payment of the debt?

An answer and a motion for summary judgment, attaching an affidavit with the canceled checks. Signup and view all the answers

Is the court likely to grant the caterer's motion for judgment as a matter of law?

True Signup and view all the answers

Is the court of appeals likely to consider the citizen's argument regarding her illegal entry claim?

False Signup and view all the answers

Study Notes

Card Summaries

A small airline crash involving passengers from State B prompts estates to file wrongful death claims in State A's federal court; the airline seeks to transfer the case to State C's federal court.
Pedestrian injured by a motorcyclist sues in State A's court; motorcyclist's removal to federal court is proper due to the jurisdiction overlap.
Personal jurisdiction debated as a novelist sells an item to a mathematician in State B; court likely lacks jurisdiction over the novelist based solely on that sale.
A patient sues a dentist and nurse; the nurse's motion to dismiss is granted due to lack of complete diversity in citizenship.
A former employee sues a corporation for wrongful termination in State A, with jurisdictional issues raised due to diverse citizenship; remand to state court is warranted as the claim arises under state law.
A garbage worker sues a truck driver in federal court for injuries; court may order a physical examination despite differing state laws on examinations.
A dismissed diversity action in State A is refiled in State B; preclusive effect of the initial judgment leads to dismissal of the second case.
A State A federal court lacks personal jurisdiction over a homeowner in a breach of contract case based on State A's long-arm statute.
A diversity action involving an auto accident leads to questions of applicable choice-of-law rules; State B's rules govern in the federal court within that state.
A pedestrian files a negligence suit after a car accident; the driver's attorney should assert contributory negligence and a counterclaim.
An art collector can pursue interpleader in federal court against cousins claiming ownership of a painting, irrespective of jurisdiction issues.
A court considers the timing of a car manufacturer's lawsuit regarding faulty parts and potential substitution of defendants based on mistaken identity.
A mechanic served by an unknown law student in a diversity action should respond to the complaint without asserting insufficient service of process.
A landowner challenges a negligence claim from an invitee but the motion for sanctions is denied as procedural requirements weren't met.
Disc jockeys accused of piracy challenge their joinder; court may sever claims due to insufficient shared transactions or occurrences.
A patent holder's jury trial right hinges on properly filed demands, necessitating action by the lawyer to secure this right.
Grocery chain argues against a jury trial in a class action under disability rights statutes, positing that requested remedies are equitable.
A farmer's lawsuit against a botanist over stream pollution allows for jury trials on claims co-related to legal and equitable issues.
An employee facing a non-compete injunction does not have a guaranteed jury trial in state court due to lack of incorporation of the Seventh Amendment.
A court evaluates evidence in a wrongful death trial; motions for judgment as a matter of law consider substantial supporting evidence from the trial record.
A purchaser's motion to strike a defense based on frivolous lawsuits highlights procedural relevance in contract claim disputes.
An attorney for a man who paid a debt should file an answer and a motion for summary judgment based on evidence of payment.
A caterer’s motion for judgment as a matter of law post-trial indicates sufficient grounds against the doctor's claim regarding payment for services.
An appeal from a citizen's lawsuit against a police officer raises issues concerning the allowance of appeals for claims that weren't motioned for judgment before jury instructions.
An employer's appeal over personal jurisdiction lack following an employee lawsuit is dismissed, highlighting procedural finality in appellate jurisdiction.
A fabric company's request for a writ of mandamus against disclosing anonymous defendants in a defamation case stresses First Amendment concerns and the appealability of district court decisions.
Consumers file a class action against a gas company for receipt errors, which illustrates consumer protection issues under federal law regarding financial transactions.### Legal Cases Overview
District court certified the matter of law for an interlocutory appeal involving the federal act's interpretation.
Recognized a complex, unsettled legal issue with substantial grounds for differing opinions, enabling immediate appellate review.
The gas company's interlocutory appeal is allowed due to proper statutory application.

Trademark Infringement

Trademark owners alleged infringement and sought both preliminary and permanent injunction against an electronic company.
The company denied the allegations; district court denied summary judgment.
Owners appealed the denial, claiming it was an interlocutory order, but appellate jurisdiction is lacking as the issues remain unresolved.

Service of Process

Investor from State A sued stockbroker from State B, but service was made at the stockbroker's office to an assistant.
The stockbroker claimed improper service based on the delivery to a third party.
Dismissal for improper service is likely due to failure to comply with service requirements.

Claim Preclusion

Motorcyclist sued truck driver in state court, defeated, and subsequently sued the trucking company in federal court.
Claim preclusion likely exists, preventing the motorcyclist from pursuing damages against the company after a adverse judgment.

Summary Judgment Response

A construction worker claimed chronic health issues from insulation exposure and was denied summary judgment by the court.
Best response for the worker is requesting additional discovery time to establish liability.

Negligence and Intervention

A mail clerk fell on ice in State B, suing the building owner for negligence.
The employer's claim for damages from the computer is likely to be granted as it shares legal questions with the clerk's case.

Foreign National Employment Law

A foreign national sued her employer in federal court, with damages limited under her country's laws.
The case is likely to be dismissed on forum non conveniens (FNC) grounds, as the discharge occurred in the foreign country.

Summary Judgment Standards

A contractor's lawsuit against a homeowner led to dispute over the validity of the contract.
The contractor's attorney can halt jury submission due to concerns over subject-matter jurisdiction given both parties are from State A.

Counterclaim Jurisdiction

An employee sued for Fair Labor Standards Act violations, with the employer counterclaiming without jurisdiction.
The counterclaim is likely to be dismissed as it does not meet jurisdictional requirements.

Jury Trials in State Law

A contractor requested jury trial on breach of contract in State B, where jury trials are allowed for such claims.
The contractor is entitled to a jury trial based on state laws.

Default Judgment and Negligence Claims

A default judgment against a manufacturer does not prevent them from litigating merits in subsequent claims by others.

Removal and Remand in Jurisdiction

Investor voluntarily dismissed a federal claim and sought remand to state court.
Remand is likely granted, as federal jurisdiction was lost without the claim.

Good Faith Complaints

A businessman's complaint included multiple allegations; not all were likely made in good faith, risking rejection.

Jury Instructions Waiver

In a patent case, failing to timely object to jury instructions limits the patent holder's ability to appeal those instructions.

Evidence Standard for Renewed Motion

In a fraud case, the court views evidence favorably towards the defendants when ruling on the railroad's renewed judgment motion.

Trademark Infringement Case

An entrepreneur labeled hot sauce as "Best Hot Sauce," leading to a lawsuit for trademark infringement.
The court likely maintains jurisdiction as the claim arises under federal law.

Collision Incident Summary

Truck driver from State A involved in a collision in State B seeks damages for injuries sustained from the incident.### Federal Diversity Actions
A truck driver filed a negligence action in State B, seeking $100,000 from a bus driver.
Courts must determine which state's negligence law is applicable based on how a state court in State B would rule.

Products Liability Case

A consumer from State A sued a manufacturer in federal court for $100,000 over a product flaw causing injuries.
The manufacturer countered by filing a third-party complaint against the designer, arguing it bore sole responsibility.
To dismiss the complaint, the designer can argue that the manufacturer's claim does not constitute a proper third-party claim.

Jury Selection in Breach of Contract Case

A wholesaler filed a breach of contract case against a pharmaceutical company.
A potential juror had past employment with the company and owned stock but claimed impartiality.
The judge should likely strike this juror for cause due to presumed bias stemming from their relationship with the company.

Discrimination Case and Summary Judgment

A woman alleged sex discrimination by her former employer but faced a summary judgment due to her attorney's absence.
The employer claimed she was lying and included fabricated documents.
An appellate court is unlikely to uphold the ruling because the allegation of her lack of credibility creates a factual dispute.

Insurance Claim After Accident

A man sued his insurance company over refusal to pay medical expenses from a mountain-biking accident.
He evidenced premium payment and policy coverage for medical expenses, but the insurer cited a policy exclusion for "unduly risky" behavior.
The court should not grant the insurer's motion as the determination of "unduly risky" behavior is a factual question for the jury.

Negligence Case Against University

A student sued a private university for negligence after falling from scaffolding in their theater building.
The jury was allowed to hear about previous accidents in the same building, leading to a ruling in favor of the student.
On appeal, the university argues the testimony about prior incidents was irrelevant and prejudicial, invoking an "abuse of discretion" standard of review.

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Description

Test your understanding of key civil procedure concepts, including judicial sanctions, jury demand considerations, and appellate court standards. This quiz explores various legal scenarios, from patent infringement trials to motions regarding jurisdiction. Challenge your knowledge and critical thinking skills in civil law.