Civil Procedure Final Exam TEST NEWEST ACTUAL EXAM COMPLETE 135 QUESTIONS AND CORRECT DETA, Exams of History

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DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ A lawsuit is filed in Oregon state court, and Neff is served personally in California with process for the Oregon suit. Under Pennoyer, is there jurisdiction? - correct answer No Mitchell learns that Neff is vacationing in Arizona. Mitchell files suit in Arizona state court, and Neff is served personally with process in Arizona. Under Pennoyer, is there jurisdiction? - correct answer Yes An International Shoe delivery truck carrying shoes from Missouri to Washington drives through Colorado, where it hits a Colorado pedestrian. (Note: Companies can be sued and held liable for their employee's actions, so International Shoe Co. could be sued for this.) Can Pedestrian sue International Shoe in Colorado? - correct answer Yes An International Shoe delivery truck carrying shoes from Missouri to Washington drives through Colorado, where it hits a Colorado pedestrian. (Note: Companies can be sued and held liable for their employee's actions, so International Shoe Co. could be sued for this.) Could Pedestrian sue International Shoe in Washington? - correct answer No An International Shoe delivery truck carrying shoes from Missouri to Washington drives through Colorado, where it hits a Colorado pedestrian. (Note: Companies can be sued and held liable for their employee's actions, so International Shoe Co. could be sued for this.) Could Pedestrian sue International Shoe in Missouri, where the defendant's headquarters were located? - correct answer Yes An International Shoe delivery truck carrying shoes from Missouri to Washington drives through Colorado, where it hits a Colorado pedestrian. (Note: Companies can be sued and held liable for their employee's actions, so International Shoe Co. could be sued for this.) International Shoe's headquarters were located in St. Louis, Missouri, very close to Illinois. Suppose Pedestrian has a vacation home in Illinois and hence thinks it would be very convenient to litigate in Illinois. Can Pedestrian sue International Shoe in Illinois? - correct answer No The Supreme Court majority in WWVW ultimately held that it was unconstitutional for Oklahoma to assert personal jurisdiction over Seaway and Worldwide Volkswagon. Which of the following best represents the court's ultimate reason for so deciding?

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ A. Defendants Seaway and Worldwide Volkswagon were not served with process in the state of Oklahoma. B. Although defendants Seaway and Worldwide Volkswagon had contacts with Oklahoma, but they were insufficiently related to the underlying lawsuit. C. Defendants Seaway and Worldwide Volkswagon had no contacts with Oklahoma because the car accident occurring in Oklahoma was actually the contact of the Robinsons, rather than the defendants. D. There were insufficient contacts among the parties, the contested transaction, and the forum State. - correct answer C Justice Brennan, in dissent argued that in analyzing minimum contacts, the court should consider which of the following? A. Only the contacts of the plaintiff. B. The contacts among the parties, the transaction at issue, and the forum state. C. Contacts that the parties should have foreseen, even if they did not. D. Only the contacts of the defendant. - correct answer C Mary visited Yosemite State Park in California, where she purchased a mug at the Half Dome Gift Shop. Half Dome Gift Shop has its only place of business in California. Mary traveled back to her home state of New Mexico. At home, she poured hot coffee in her mug and the mug exploded, seriously lacerating her hand. Mary wants to sue Half Dome Gift Shop in state court in New Mexico. Will a New Mexico state court have personal jurisdiction over Half Dome Gift Shop in the suit brought by Mary? A. Yes because their product caused harm in New Mexico. B. No because it was Mary's unilateral act to take the mug to New Mexico. C. No because sellers are never amenable to suit outside of the state where their products are sold. D. Yes because the contact of the exploding mug occurred in New Mexico and gave rise to the lawsuit - correct answer B

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ According to the majority in WWVW, defendants should generally be able to structure their primary conduct in a way that they can reasonably predict where they will be amenable to suit. True or False? - correct answer True According to the Supreme Court in Burger King, in a lawsuit over a contract, how does it affect personal jurisdiction to have included a choice of law clause in that contract? A. The Court viewed a choice of law clause as having no relevance to the personal jurisdiction inquiry. B. The Court viewed a choice of law clause selecting the forum's law as itself a sufficient contact with the forum to justify the assertion of personal jurisdiction over a party to the contract. C. The Court viewed a choice of law clause selecting the forum's law as a contact with the forum which indicated that the defendant had sought the benefits and protections of the forum's law. D. The Court viewed a choice of law clause selecting the forum's law as a consent to personal jurisdiction in the forum. - correct answer C If you a drafting a contract and want to ensure that any litigation arising from the contract is held in a particular forum, what kind of contract clause should you include? A. Choice of Forum Clause B. Choice of Law Clause - correct answer A Under the Court's two-prong constitutional test set out in Burger King, if a forum is extremely reasonable under prong two, then a forum can assert jurisdiction even if the defendant has no contacts with the forum under the first prong. True or False? - correct answer False An individual's contract with an out-of-state party alone can automatically establish sufficient minimum contacts in the other party's home forum.

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ True or False? - correct answer False If a defendant (who has contacts with the forum under the first prong) is able to make a truly compelling case of unreasonableness, then the unreasonableness prong could defeat personal jurisdiction in the forum. True or False? - correct answer True Personal jurisdiction in a forum is always improper if the defendant has never even been to that forum. True or False? - correct answer False In the United States, the substantive law applicable to a controversy may not be the law of the forum--thus a state court in Michigan could apply the law of Florida when adjudicating a case. True or False? - correct answer True There will be general personal jurisdiction in which of the following situations (select all that apply): A. In a state where a corporate defendant maintains its principal place of business. B. In a state where a corporate defendant is incorporated. C. In a state where a defendant employs a substantial number of people. D. In the state that is the domicile of an individual defendant. E. In a state where a defendant corporation maintains a store or other physical location. F. In a state where an individual defendant is employed, even if the individual does not reside in that state. - correct answer A, B, and D For specific personal jurisdiction, you consider which of the following: A. The defendant's contacts with the forum that are unrelated to the lawsuit. B. Both the plaintiff's and the defendant's contacts with the forum.

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ C. All contacts of the defendant with the forum--both related and unrelated to the underlying lawsuit. D. The defendant's contacts with the forum that are related to the underlying lawsuit. - correct answer D On the whole, specific personal jurisdiction is more common than general personal jurisdiction. True or False? - correct answer True The Hess case (car accident in Massachusetts caused by Pennsylvania defendant) invoked which? A. General Personal Jurisdiction B. Specific Personal Jurisdiction - correct answer B The Milliken case (jurisdiction in a person's domicile) invoked which? A. Specific personal jurisdiction B. General Personal Jurisdiction - correct answer B In a nationwide mass tort lawsuit, there will be specific jurisdiction over the defendant for the entire action even if the defendant has contacts in the forum state with only a few of the plaintiffs. True or False? - correct answer False When litigating personal jurisdiction, it is good practice to list all of the contacts of the defendant with the forum rather than differentiating between contacts that are related and unrelated to the lawsuit. True or False? - correct answer False Katie and Matthias are on a road trip together through Nebraska and Wyoming. They decide to take an unplanned restroom break in Julesburg, Colorado. While in Julesburg, Matthias is personally served with process for a lawsuit in Colorado brought by Lincoln, a Colorado resident. Matthias has never previously been in or had contacts with Colorado and the lawsuit has nothing to do with Colorado activities. Will the Colorado court have personal jurisdiction over Matthias?

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ A. Yes because Matthias was personally served with process in Colorado. B. No because Matthias lacks sufficient contacts with Colorado. C. Yes because the plaintiff, Lincoln, had sufficient contacts with Colorado. D. No because Matthias will timely object to personal jurisdiction. - correct answer A Fred, a California citizen, owns real property in Delaware. Penelope trips and falls on his property. Penelope sues Fred in Delaware for her injuries from her fall on his property. Will there be personal jurisdiction? A. Yes because Fred's ownership of real property in Delaware (and his duties as a property owner) give rise to the lawsuit and thus establish specific personal jurisdiction in Delaware. B. Yes because by owning real property in Delaware, Fred is subject to general personal jurisdiction there. C. No unless Penelope attaches the property at the outset of the case. C. No because owning property can never be a contact to establish specific personal jurisdiction over a defendant. - correct answer A Fred, a California citizen, owns real property in Delaware. Penelope trips and falls on his property. Penelope sues Fred in Delaware for her injuries from her fall on his property. Will Penelope be required to attach Fred's property to the lawsuit in order to assert personal jurisdiction over him? A. Yes because the only way Penelope can assert jurisdiction over Fred is by invoking in rem jurisdiction. B. No because owning property can never be a contact to establish specific personal jurisdiction over a defendant. C. Yes because in order to establish jurisdiction the property must be attached at the outset of a case. D. No because Fred's ownership of the property will be a sufficient minimum contact to establish specific personal jurisdiction over him. - correct answer D

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ Courts must analyze the two-prong Constitutional test in order to determine whether or not to assert personal jurisdiction over a defendant who has been personally served with process in the forum. True or False? - correct answer False According to the Court in Shaffer, traditional notions of fair play and substantial justice can be offended by the perpetuation of ancient processes that no long have a modern justification. True or False? - correct answer True When a plaintiff files a lawsuit in a forum, the plaintiff has consented to the jurisdiction of that forum for the lawsuit, including as to counterclaims from defendants. True or False? - correct answer True A defendant who does not raise a timely object to personal jurisdiction has waived any such objection and thus consented to suit in the forum. True or False? - correct answer True Choice of forum clauses (also called forum selection clauses) are generally unenforceable unless fairly negotiated by both sides. True or False? - correct answer False If a person consents to personal jurisdiction, a court must still examine whether the forum is fair under the two-prong constitutional test. True or False? - correct answer False The Mullane Court found that service by publication comported with the constitutional requirements of Due Process for parties who could not (with reasonable diligence) be found or identified. True or False? - correct answer True What is the constitutional standard for determining if notice comports with the Due Process Clauses? A. The best notice practicable under the circumstances.

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ B. Actual notice of the pendency of the proceedings C. Notice reasonably calculated under the circumstances to apprise interested parties of the pendency of a proceeding. D. Personal service of process - correct answer C Personal service of process is always adequate notice under the constitution. True or False? - correct answer True For parties whose names and addresses can be ascertained with reasonable diligence, the constitution requires what notice at a minimum? A. Mail plus another form of contact to ensure actual notice Certified mail B. Personal service of process C. A process at least as likely as mail to apprise parties of an action D. Publication in a paper of substantial circulation - correct answer C Have courts upheld the constitutionality of emailed service or service on social media? A. No, even if other methods of service have been ineffective B. No, unless the person being served has a large online presence C. Yes, as long as the email address is current D. Yes, but only if the other methods of traditional service have failed - correct answer D The constitutional requirement for notice is satisfied when service of process is performed by certified or registered mail, even if the mail is returned as undelivered or unclaimed. True or False? - correct answer False If a party receives actual notice of a lawsuit, that will be constitutionally sufficient. True or False? - correct answer True

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ FRCP 4 expressly allows service on individuals by certified mail. True or False? - correct answer True Jane files suit against Steven in the United States District Court for the Southern District of Indiana. She serves process by mailing him a copy of the summons and complaint via registered mail to his sole residence in Greensburg, Indiana. A. The service of process was sufficient because the Constitution allows for service of process by means as reliable as the mails. B. The service of process was defective unless it was given to a person of suitable age and discretion. C. The service of process was defective because it fails to comport with the constitutional requirement of providing the best notice practicable. D. The service of process was sufficient if service by registered mail is allowed by Indiana law governing service of process on individuals in Indiana state courts. - correct answer D Jeanie is suing Pebbles, Inc., a corporation, in the United States District Court for the District of Utah. Assume that Utah's rules on serving a corporation are identical to those found in FRCP 4. Jeanie hires a process server who goes to Pebbles, Inc.'s corporate headquarters and serves process on the CEO's secretary. Is service proper? A. Yes as long as the process server informs the secretary of the nature of the papers and that they must be given directly to the CEO. B. Yes because service is being made at the corporation's headquarters. C. Yes, service is proper only if the CEO's secretary is also the agent for service of process for Pebbles, Inc. D. Yes because the secretary of the CEO will be considered a managing or general agent of Pebbles, Inc. - correct answer C It is possible to correctly serve the United States entirely by registered or certified mail. True or False? - correct answer True

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ If I have a summer cabin in the mountains where I stay 2 months a year and a permanent home where I stay the rest of the year, both will be considered my "dwelling or usual place of abode" for purposes of service under Rule 4(e) as long as each of them has sufficient indicia of permanence. True or False? - correct answer False If the plaintiff chooses to request that the defendant waive service under Rule 4(d), service is deemed to have been made when? A. At the time of the filing of the waiver form signed by the defendant. B. On the date the complaint was filed with the court. C. On the date that the plaintiff mailed the waiver request and form. D. On the date that the defendant received plaintiff's request to waive service. - correct answer A If a federal district court lacks subject matter jurisdiction, a defendant can consent to being subject to the court and thereby cure the deficiency so that the case can still be heard in federal district court. True or False? - correct answer False Plaintiff files a lawsuit in federal district court. After a trial on the merits, in which plaintiff loses and is held liable on a counterclaim, plaintiff moves to dismiss the case for lack of subject matter jurisdiction. Assume that upon close scrutiny, the district court in fact lacks subject matter jurisdiction. What result? A. The district court must hold a hearing to determine if it would be equitable to dismiss the case after a full trial. B. The plaintiff may object to subject matter jurisdiction, but the court can still enforce the judgment entered against the plaintiff. C. The district court must dismiss the lawsuit D. Because the plaintiff filed in federal district court and herself invoked its jurisdiction, she has waived any objection to subject matter jurisdiction. - correct answer C

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ Federal courts can only hear types of cases that are authorized by both the Constitution and by federal statute. True or False? - correct answer True State courts are courts of general subject matter jurisdiction, which means that each state court in a state can hear any and every kind of action. True or False? - correct answer False Most federal laws have exclusive federal subject matter jurisdiction, and cases arising under those laws can only be adjudicated in federal court. True or False? - correct answer False When Congress creates exclusive federal subject matter jurisdiction over a specific federal law, that divests state courts of jurisdiction to adjudicate such claims. True or False? - correct answer True Federal question jurisdiction can be based on a federal law counterclaim asserted by the defendant against the plaintiff. True or False? - correct answer False The primary purposes underlying the congressional grant of federal question jurisdiction include obtaining (select all that apply): A. Expert interpretations of federal law. B. Adjudications free of local bias against out-of-state litigants. C. Sympathetic interpretations of federal law. D. A limitation of cases in federal court to those with significant value. E. Greater uniformity in the interpretation of federal law. - correct answer A, C, and E The well-pleaded complaint rule refers to: A. The requirement that complaints must be written in a professional tone.

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ B. A limit on federal question jurisdiction to those who fully justify their need to appear before a federal rather than a state court. C. The requirement in federal question jurisdiction that complaints will be dismissed unless they specify each and every fact forming a basis for the complaint. D. The requirement that a federal question must be contained within the plaintiff's statement of her own claims in the complaint in order to invoke federal question jurisdiction. - correct answer D In Mottley, the only questions raised on the appeal to the Supreme Court were federal law issues regarding the meaning of a federal statute and whether that federal statute was constitutional--yet the Supreme Court held there was not federal question jurisdiction. True or False? - correct answer True Federal question jurisdiction can be based on a federal law defense to a claim or on the plaintiff's federal reply to that defense, as long as such are stated within the confines of the plaintiff's complaint. True or False? - correct answer False The defendant OR the plaintiff can remove a case once it becomes clear that the case is removable. True or False? - correct answer False The ability of the defendant to remove is directly tied to whether the case as filed by the plaintiff could have been filed in federal district court as it would have had subject matter jurisdiction to adjudicate the case. True or False? - correct answer True Pauline, a citizen of New Hampshire, files a lawsuit against Doran, a citizen of Vermont, in Vermont state court under state tort law for personal injuries from a car wreck, seeking $100,000 in damages. Which of the following is true? A. Doran cannot remove the case because he is a citizen of the state from which removal is sought.Correct. This is called the in-state defendant rule, and is the one

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ way in which removal is more narrow than original federal subject matter jurisdiction. B. Doran cannot remove the case because there is no federal question jurisdiction. C. Doran can remove the case because there is complete diversity of citizenship. D. Doran can remove the case because Pauline could have filed it in federal court.

• correct answer A A motion to remand on the basis of lack of subject matter jurisdiction must be made within 30 days of removal or it is waived. True or False? - correct answer False Plaintiff sues three defendants in state court, asserting a cause of action against each under 42 USC 1983 for violating her federal constitutional rights. The case is filed on January 1. Defendant one and two are served on January 10. Neither removes the case. On February 20, Defendant three is served. Defendant three wants to remove the case to federal court. Which is true? A. Defendant three will not be able to remove the case because Defendants one and two failed to remove within thirty days of being served, as required by the rules. B. Defendant three will be able to remove the case because each defendant can remove a case without regard to the desires of the other defendants, as long as she does so within 30 days of being served. C. Defendant three will be able to remove, but only if she does so within 30 days of being served and obtains the consent of both defendants one and two. D. Defendant three will not b - correct answer C When a defendant removes a case from state court, the defendant can remove to which of the following (select all that apply): A. Any federal district court that is agreed upon by both the plaintiff and defendant.

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ B. Any federal district court that would have both personal jurisdiction and subject matter jurisdiction over the case. C. Any of the federal district courts that are located within the state from which removal was made. D. The federal district court that encompasses the state court from which the case was removed. - correct answer D After the notice of removal is filed in the federal district court and a copy is served upon the state court clerk, the state court can rule on any pending motions prior to the case being sent to federal court. True or False? - correct answer False Which of the following (moving a lawsuit from where to where) can be done by transferring venue? (select all that apply) A. State A to Foreign Country B B. County A to County B (both within the same state) C. State A to State B D. Federal District Court A to Federal District Court B E. Federal District Court A to Foreign Country B F. Federal District Court A to State B G. State A to Federal District Court B - correct answer B and D Which of the following (moving a lawsuit from where to where) is done by Forum non Conveniens? (select all that apply) A. Federal District Court A to Federal District Court B B. State A to Federal District Court B C. County A to County B (both within the same state) D. Federal District Court A to State B E. State A to State B

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ F. Federal District Court A to Foreign Country B G. State A to Foreign Country B - correct answer E, F, and G You file a lawsuit in the Southern District of Indiana, which has both personal jurisdiction over the defendants and has proper venue. The case is transferred under 28 U.S.C 1404 to the District of Massachusetts. There is not a choice of forum clause applicable to this case. What choice of law rules will the District of Massachusetts use to determine what law should apply to the case? A. The federal choice of law rules B. Indiana's choice of law rules C. Massachusett's choice of law rules - correct answer B Federal district courts apply federal choice of law rules to determine which state's law should apply to a given case. True or False? - correct answer False A 28 U.S.C. 1404 transfer is from a proper venue to a proper venue, while a 28 U.S.C. 1406 transfer is from an improper venue to a proper venue. True or False? - correct answer True If a federal district court lacks personal jurisdiction over a defendant, the court cannot transfer the case to another federal district court that would have personal jurisdiction, but instead must dismiss the case for lack of personal jurisdiction. True or False? - correct answer False When moving to transfer based on Forum non Conveniens, the defendant can agree to waive any impediments to proceeding in the proposed alternative forum (including lack of personal jurisdiction or amenability to process in the foreign jurisdiction, venue, or statute of limitations). True or False? - correct answer True When deciding whether or not to grant a motion to dismiss on the basis of forum non conveniens, which of the following is correct? (select all that apply)

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ A. The district court will consider private and public factors in determining whether to dismiss B. There must be an adequate alternative forum in order for the district court to grant the motion to dismiss C. There is a presumption in favor of the plaintiff's choice of forum D. The district court has discretion as to whether to grant the motion E. The district court cannot grant the motion to dismiss if filing in the alternate forum will result in an unfavorable change of law for the plaintiff F. The presumption in favor of the plaintiff's choice of forum applies with less force when the plaintiff is foreign - correct answer A, B, C, D, and F Defendant is served with a complaint for a lawsuit in federal court that is mailed to his address by certified mail. Defendant files a pre-answer motion to dismiss the complaint for insufficient service of process, arguing that he was not served in accordance with the rules. The US district court denies the motion on the basis that the service rules of the state in which defendant was served allow for service by certified mail and thus service was proper under the federal rules. Defendant then files another motion, moving the court to dismiss the case for lack of personal jurisdiction. The district court determines that there is not personal jurisdiction under International Shoe and progeny, but denies the motion to dismiss. Which is correct? A. The district court was correct to deny the motion to dismiss for lack of personal jurisdiction because the defendant had waived any objections he had to the court's exercise - correct answer A Juanita is a domiciliary of North Dakota. A lawsuit is filed against her in Oklahoma federal court. Juanita has very few contacts in Oklahoma and does not believe that the Oklahoma court has personal jurisdiction over her. Which of the following are true? (select all that apply)

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ A. Juanita could do nothing, allow a default judgment to be entered against her in Oklahoma, and then collaterally attack that judgment as void when the plaintiff seeks to enforce it against her. B. If Juanita brings a direct attack, but the district court denies her motion to dismiss for lack of personal jurisdiction, Juanita will have to adjudicate in Oklahoma and is left with the option of appealing the district court's ruling on personal jurisdiction at the end of the case. C. Juanita can bring a direct attack by filing a Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction. D. If Juanita chooses to use a collateral attack, - correct answer A, B, C, and E A defendant is sued and responds by filing a Rule 12(b)(2) pre-answer motion to dismiss the case for lack of personal jurisdiction. The district court denies that motion, finding that it has personal jurisdiction. True or false: the defendant can proceed in the case by refusing to answer the complaint, allowing a default judgment to be entered against her, and then collaterally attacking that judgment in any enforcement proceeding on the basis that the court that entered the default judgment lacked personal jurisdiction. True or False? - correct answer False A 12(b)(1) motion to dismiss for lack of subject matter jurisdiction can be raised initially at any time during the pendency of a case, including on appeal. True or False? - correct answer True If you raise any other defenses along with a 12(b)(2) motion to dismiss for lack of personal jurisdiction, you have entered a general appearance and have consented to the personal jurisdiction of the court. True or False? - correct answer False A defendant can choose not to file any pre-answer motion under Rule 12(b) and then raise lack of personal jurisdiction for the first time in her Answer. True or False? - correct answer True

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ Which of the following defenses are waived if not raised by either pre-answer motion (if one is filed) or in the Answer (if no pre-answer motion)? (select all that apply) A. Failure to state a claim upon which relief can be granted B. Lack of subject matter jurisdiction C. Insufficient process D. Improper venue E. Lack of personal jurisdiction F. Failure to join a party under Rule 19 G. Insufficient service of process - correct answer C, D, E, and G A motion under Rule 12 may be joined with any other motion allowed by Rule 12. True or False? - correct answer True A collateral attack can be used to contest lack of personal jurisdiction, lack of subject matter jurisdiction, improper venue, or insufficient process or service thereof. True or False? - correct answer False In drafting an Answer, if the defendant fails to respond to an allegation in the Complaint, that allegation is deemed to be denied. True or False? - correct answer False After being served with process, the defendant's basic options in responding to a Complaint are to either (1) file a motion under Rule 12 or (2) file an Answer. True or False? - correct answer True Assuming the defendant does not file a Rule 12 motion, how long does a defendant have after being served with process to file the Answer? A. 21 days after service B. 60 days after service

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ C. 14 days after service D. 30 days after service - correct answer A A defendant may use a general denial: A. to deny the gist of the Complaint B. only when, in good faith, the defendant can attest that he should not be held liable C. only when, in good faith, the defendant can deny each and every allegation of the Complaint D. to deny strict liability for the claims brought against him - correct answer C If the defendant does not have the requisite knowledge to admit or deny an allegation from the Complaint, the defendant should deny the allegation in the Answer. True or False? - correct answer False If an allegation in the Complaint is partially true and partially false, the defendant in the Answer: A. should deny the entire allegation B. can refuse to respond to the alledgation C. must admit the part that is true and deny the rest D. must state that the defendant lacks sufficient information to form a belief about the truth or falsity of the assertion - correct answer C When a defendant fails to answer a Complaint or otherwise respond, the court automatically enters a default judgment in favor of the plaintiff. True or False? - correct answer False Jasnah sues Shallon for conversion of her emerald bracelet in federal district court. Assume there is subject matter jurisdiction. Shallon is served with the Complaint on March 3, 2019. Shallon files a timely motion to dismiss under Rule 12(b). Jasnah reads Shallon's motion and realizes that she made errors in her Complaint. Twenty days after receiving Shallon's motion and 40 days after having

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ served Shallon with the Complaint, Jasnah files an amended Complaint and serves it on Shallon without Court permission to fix the errors she made. Can Jasnah do this? A. Yes as long as it is her first amendment of the Complaint B. No because Shallon has already filed a 12(b) motion objecting to the Complaint C. No because it has been more than 21 days since Jasnah filed the Complaint D. Yes because parties may freely amend their pleadings until trial without court permission - correct answer A Relation back refers to: A. Amendments to a pleading that relate back to the prior rules of civil procedure B. Amendments to a pleading that add a party that has a relationship with an existing party C. Amendments to a pleading being deemed to have been made at the time the original pleading was filed D. Amendments to a pleading relating back to the claims or defenses of the opposing side - correct answer C An amendment to a pleading that does not add a party will relate back (select all that apply): (select all that apply) A. when the amendment asserts a claim or defense that would not prejudice the opposing party in defending on the merits B. when the law that provides the applicable statute of limitations allows relation back C. when the amendment asserts a claim or defense that has been verified by affidavit D. when the amendment asserts a claim or defense that arose out of the transaction or occurrence as the original pleading - correct answer B and D When a party is required to obtain leave to amend from the court, the court should freely give leave when justice so requires.

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ True or False? - correct answer True Which of the following are reasons that a court may deny a party's motion for leave to amend a pleading? (select all that apply) A. Futlity of amendment B. Failure to understand the rules C. Repeated failure to cure deficiencies by prior amendment D. Undue prejudice to the opposing party E. Dilatory motive F. Mistake, inadvertence, or surprise G. Bad faith H. Undue delay - correct answer A, C, D, E, G, and H Rule 11 does not apply to discovery. True or False? - correct answer True Under the Model Rules of Professional Conduct, a lawyer is prohibited from: (select all that apply) A. Making a false statement of material fact or law to a court B. Failing to disclose controlling legal authority known to the lawyer to be directly adverse to the position taken and not disclosed by the opposing party C. Making a false statement of material fact or law to a third party (in the course of representing a client) D. Offering evidence that the lawyer knows to be false E. Failing to correct a false statement of material fact or law previously made to the court - correct answer A, B, C, D, and E Rule 11 only applies to pleadings. True or False? - correct answer False

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ When an attorney signs a paper being filed in court, what does that signature certify? (select all that apply) A. That the attorney is not seeking to overturn or modify existing law B. That the claims, defenses, and legal contentions have a reasonable legal foundation C. That the factual contentions and denials have a reasonable basis in fact D. That the attorney has firsthand knowledge of the assertions E. That it is not being presented for any improper purpose F. That the attorney has made an inquiry reasonable under the circumstance - correct answer B, C, E, and F A court can impose Rule 11 sanctions sua sponte. True or False? - correct answer True A motion for Rule 11 sanctions must: (select all that apply) A. Must include an affirmation that the parties have met and conferred in good faith B. Be made separate from other motions C. Must be joined with a motion to dismiss the Complaint under Rule 12 D. Must be filed within 21 days of the conduct that violates Rule 11 E. Be served on the offending party (without being filed with the court) at least 21 days before it is filed with the court - correct answer B and E "Relevant" as defined in the FRCP scope of discovery is: A. less broad than "relevant" as defined in the Federal Rules of Evidence B. more broad than "relevant" as defined in the Federal Rules of Evidence C. strictly construed to allow only patently relevant material - correct answer B Matt runs a toy manufacturing business. He and his company are being sued for products liability for injuries customers received from an unsafe toy. Matt hires an

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ attorney, Lavina, to represent him and the company. Matt sends Lavina several emails explaining his understanding of the underlying facts. Matt also tells Lavina in person that he had been aware of the manufacturing defect with the toy for at least a year before the company recalled the toy. Matt also gives Lavina all of the company documents regarding customer complaints regarding the toy. Which of the following are covered by the attorney-client privilege (and are protected from disclosure) if requested/asked during discovery? (select all that apply) A. The emails that Matt sent to Lavina about the underlying facts of the case. B. Matt is asked during his deposition, "What did you tell your attorney, Lavina, about your knowledge regarding the defect" C. - correct answer A and B Which of the following describes the scope of the duty of confidentiality? A. It covers all information relating to the representation, whatever its source. B. It covers verbal communications between the lawyer C. It covers confidential information given the attorney by the client D. It covers all secret or embarrassing information - correct answer A In order to overcome work product protection and obtain work product material, the side requesting the materials must show: (select all that apply) A. improper purpose B. compelling justification C. substantial need D. undue hardship E. the benefit outweighs the burden to produce it - correct answer C and D The scope of discovery includes which of the following elements? (select all that apply) A. relevant to the subject matter of the action

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ B. Any nonprivileged matter C. relevant to any party's claim or defense D. prepared in anticipation of litigation E. without undue hardship F. proportional to the needs of the case - correct answer B, C, and F The work product protection protects what materials? A. all information related to the representation, whatever its source B. materials prepared in anticipation of litigation or trial C. communications between attorney and client for the purpose of obtaining legal advice - correct answer B What are the elements of the attorney-client privilege? (select all that apply) A. all information relating to the representation, whatever its source B. between attorney and client C. materials prepared in anticipation of litigation or trial D. for the purpose of obtaining legal advice E. communication F. confidential - correct answer B, D, E, and F The term "nonprivileged" in the scope of discovery includes which privileges? (select all that apply) A. doctor-patient B. attorney-client C. priest-parishioner D. spousal privileges and immunities - correct answer A, B, C, and D Mental impression work product enjoys greater protection from discovery than regular work product materials.

DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ True or False? - correct answer True The duty of confidentiality protects materials from compelled disclosure; and thus any materials covered by the duty of confidentiality are not discoverable. True or False? - correct answer False What are the types of expert witnesses identified in the Rules and the Ager case? (select all that apply) A. Testifying expert witness B. Non-testifying expert who is retained or specially employed C. Testifying expert who is informally consulted D. Expert witness who is also a fact witness E. Non-testifying expert who is informally consulted F. Expert who is informally retained or specially employed - correct answer A, B, D, and E What type of discovery can you perform/obtain from the opposing side's testifying witness? (select all that apply) A. Can depose the expert B. Any communications between the expert and opposing counsel C. Draft versions of the written report D. Communications between the expert and the attorney relating to compensating the expert E. Only upon a showing of exceptional circumstances, you can obtain discovery regarding the facts known or opinions held by the expert F. A written report explaining the facts relied on and the opinions held by the expert, along with the expert's qualifications and compensation - correct answer A, D, and F You can obtain identifying information about informally consulted experts. True or False? - correct answer False