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Civ Pro MC

Terms in this set (29)

I am suing Miriam (NY) in federal court based on Sec. 1332, claiming $80k in damages. One week before I file the case, I move to CT with intent of making it my new permanent domicile. Would a federal court have subject matter jurisdiction over this action?

Yes

No
Yes
Suppose Jen (CT) wants to file an action against Miriam (NY) and Andy (CT), where Jen claims damages in excess of $75,000 against each.Would a federal court have subject matter jurisdiction over this action?

Yes

No
No
Suppose Jen (CT) wants to file an action against Miriam (NY) and Andy (NY), where she claims damages in excess of $75,000 against each. Would a federal court have subject matter jurisdiction over this action?

Yes

No
Yes
Jen (CT) sued Miriam and James and she believes they are both residents of NY. After the case is filed, she learns that Miriam is instead domiciled in CT. Could Jen drop the claim against Miriam in order to keep the case in federal court?

Yes

No
Yes
Suppose Jen (NY) decides instead to sue Andy(England), who was vacationing in NY and while there, he caused an accident for which Jen suffered $80k in damages. Will a federal court have subject matter jurisdiction over the claim?

Yes

No
Yes
Suppose instead that Andy (England) sues Tom(France). If Andy alleges damages in excess of$75,000, would a federal court have subject matter jurisdiction over the claim?

Yes

No
No
Suppose Andy (England) and Jen (NY) brought a claim against Tom (France) and Eric (CT). If they each have claims in excess of $75,000, would a federal court have subject matter jurisdiction over the claims?

Yes

No
Yes
P (AZ) sues D (FL) for medical malpractice,alleging damages in excess of $75,000. Assume that the jury ultimately awarded only $50,000 to P. Would D now be successful if he filed a motion to dismiss for lack of subject matter jurisdiction?

Yes

No
No
Instead, after P's complaint was filed, D filed a motion to dismiss, claiming that he isn't sure Peter has actually suffered damages in excess of$75,000. How will the court rule?

Grant the motion

Deny the motion
Deny the motion
P (AZ) sued D (FL) in federal court, alleging two state claims (1) wrongful discharge, and (2)discrimination, claiming damages of $50,000 for each. D moved to dismiss for lack of subject matter jurisdiction. How will the court rule?

Grant the motion

Deny the motion
Deny the motion
P#1 (NY) and P#2 (NY) decide to bring a joint action against D (NJ) in which they each claim wrongful discharge and allege damages of$50,000 each. D files a motion to dismiss for lack of subject matter jurisdiction. How will the court rule?

Grant the motion

Deny the motion
Grant the motion
P sues a newspaper for libel and knows that D's defense will rest on the First Amendment as protecting media defendants in libel cases for stories published about public figures. Will the court have jurisdiction under Sec. 1331?

Yes

No
No
Federal law requires all cars meet emission standards. A car dealer contracted with a car manufacturer, to purchase cars that meet the standards, but when delivered, they didn't. CanP sue D in federal court under Sec 1331 for breach of contract?

Yes

No
No
Assume that D answered the complaint instead of filing a motion to dismiss. Which defense will D not be able to include in its answer?

(a) That certain statements in the complaint should be stricken as immaterial.

(b) Improper Service.

(c) Improper venue.

(d) Failure to state a claim.
(a) That certain statements in the complaint should be stricken as immaterial.
P claims his employer violated the federal Civil Rights Act, by discriminating against him on the basis of race. The statute creates a private right of action for violations of the statute. Can P file a lawsuit under Sec.1331?

Yes

No
Yes
P sues D in state court, alleging violation of P's rights under the Equal Protection Clause of the US Constitution. Can D remove to federal court?

Yes

No
Yes
P (FL) sues D (NJ) in FL state court for negligence, seeking $100K in damages. Can D remove to federal court?

Yes

No
Yes
P (FL) sues D (NJ) in NJ state court for negligence, seeking $100K in damages. Can D remove to federal court?

Yes

No
No
Same facts - P(FL) sues D (NJ) in NJ state court for wrongful discharge (state claim), seeking damages of $100k, but P has also has a claim against D for violation of a federal civil rights statute. Can D remove to federal court?

Yes

No
Yes
P (FL) sues both D #1 (NJ) and D #2 (NY) in NY state court for negligence, seeking $100K in damages against each. Can Ds remove to federal court?

Yes

No
No
P (PA) files a case in PA state court against D(GA), for negligence, seeking $100K in damages. Two months after being served with the complaint, D wants to remove to federal court. Can she?

Yes

No
No
P (N.D. Cal.) sues two individuals: D#1 (S.D.N.Y.)and D#2 (S.D. Fla.), for defective design of product that was manufactured in the S.D. Tex. and caused injuries to her in at home. Which of the following is correct?

(a) Venue is only proper in the S.D.N.Y. and the S.D. Fla.

(b) Venue is only proper in the S.D. Tex.

(c) Venue is only proper in the N.D. Cal. and the S.D. Tex.

(d) Venue is only proper in N.D. Cal.
(c) Venue is only proper in the N.D. Cal. and the S.D. Tex.
P (N.D. Cal.) sues two individuals, D#1 (W.D.N.Y.)and D#2 (S.D.N.Y.), for injuries from a car accident that occurred in the S.D. Tex. Where is venue proper?

(a) The S.D. Tex. only

(b) Any judicial district in New York only.

(c) The S.D.N.Y. or the W.D.N.Y. only.

(d) The S.D. Tex, the S.D.N.Y., and the W.D.N.Y. only.
(d) The S.D. Tex, the S.D.N.Y., and the W.D.N.Y. only.
P (N.D. Cal.) sues two individuals, D#1 (W.D.N.Y.)and D#2 (D.N.J.) for injuries from a car accident that occurred in Canada. Where is venue proper?

(a) The N.D. Cal. only.

(b) The D.N.J. and the W.D.N.Y. only.

(c) Venue would not be proper anywhere in the U.S.

(d) The N.D. Cal., the D.N.J., and the W.D.N.Y.
(b) The D.N.J. and the W.D.N.Y. only.
P(N.D.Cal.) sues two corporations: D#1(D.Del./W.D.N.Y.) and D#2 (D.N.J.) for defective design and breach of warranty of a product that was manufactured in W.D.N.Y. and sold by D#2to P at a store in the S.D.N.Y. Where is venue proper?

(a) The D. Del., the W.D.N.Y., and the D.N.J.

(b) The S.D.N.Y. only.

(c) The D.N.J. and the S.D.N.Y. only.

(d) The S.D.N.Y. and the W.D.N.Y. only.
(d) The S.D.N.Y. and the W.D.N.Y. only.
P sued D in federal court. D filed an answer,denying liability. Thereafter, he filed a Rule 12(b)motion alleging insufficient service of process. Which of the following is true?

(a) D's motion must be denied because all Rule 12 motions must be filed before any responsive pleading.

(b) D's motion must be denied because all Rule 12 motions must be filed before any responsive pleading.

(c) D's Rule 12(b) motion must be denied because this Rule 12 motion must be filed before any responsive pleading.

(d) D's Rule 12(b) motion should be granted.
(c) D's Rule 12(b) motion must be denied because this Rule 12 motion must be filed before any responsive pleading.
Suppose that D filed a Motion to Dismiss for Insufficient Service of Process, which was denied. Now D wants to defend, arguing that P has failed to state a claim upon which relief can be granted. Which of the following is not correct?

(a) D can file a Rule 12(b) Motion to Dismiss on this basis at any point through trial of the case.

(b) D can file a Motion for Judgment on the Pleadings on this basis.

(c) D can raise a defense on this basis in his Answer.

(d) D can raise a defense on this basis at trial.
(a) D can file a Rule 12(b) Motion to Dismiss on this basis at any point through trial of the case.
P sued D in federal court. D filed an answer, but raised no affirmative defenses. During discovery, D filed a motion to dismiss, alleging that the SOL had run. Will the court grant the motion?

(a) Yes, if the SOL had run before P filed the action because the court can always consider subject matter jurisdiction.

(b) No, because P will be prejudiced if it is not allowed to pursue its case against D.

(c) Yes, because D asserted its affirmative defense that the SOL had run by filing a motion to dismiss before discovery has concluded.

(d) No, because D did not assert in its Answer the affirmative defense
(d) No, because D did not assert in its Answer the affirmative defense that the SOL had run.
After discovery has begun, which of the following circumstances would least likely permit P to amend her complaint after the SOL has run?

(a) If P wants to add a claim of fraud stemming from the same alleged conduct, after first learning about its right to bring the claim during a deposition of D's CEO.

(b) If P learns that it has incorrectly spelled the proper corporate name of the defendant in the complaint.

(c) If P learns that it sued the wrong defendant all together and that it was really C, a person unrelated to D, who engaged in the unlawful conduct.

(d) If the applicable law would allow the new claim to relate back to the original date that the complaint was filed.
(c) If P learns that it sued the wrong defendant all together and that it was really C, a person unrelated to D, who engaged in the unlawful conduct.
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