Civil Law Questions

In order to satisfy federal question jurisdiction, the federal question must appear in:A The plaintiff's complaintB Either the plaintiff's complaint or the defendant's answerC Either the plaintiff's complaint or the defendant's answer, counterclaim, or cross-claimD Either the plaintiff's complaint or the defendant's answer or counterclaim

A complaint _____ create federal question jurisdiction if it alleges federal issues only in anticipation of some defense.may will will not

Although SCOTUS has held that an out-of-state citizen's deliberate sale of a single item in another state may give rise to PJ, State B's highest court has held that such a sale is not sufficient for purposes of State B's long-arm statute.Novelist from State C sold an expensive machine to a mathematician from State B.After sale, mathematician sued novelist in federal district court in State B, alleging novelist's breach of contract and seeking $125,000 in damages. Novelist's only contact w/ State B is the sale of that machine.May federal district court in State B hear case?A No, because venue is improper, even though court has personal jurisdiction over the novelist.B No, because the court does not have personal jurisdiction over the novelist.C Yes, because the court has personal jurisdiction over the novelist and venue is proper.D Yes. because the court has subiect-matter jurisdiction over the lawsuit.

Select the statement that best describes the relationship between removal and venue:A: In a properly removed case, venue is proper in the federal court of the state where the case was pending, even if venue would have been improper had the plaintiff originally filed the action in the federal district court of that stateB: In a properly removed case, venue is proper in the federal court of the state where the case was pending, but only if venue would have been proper had the plaintiff originally filed the action in the federal district court of that stateC: Venue and removal have no correlation

When a plaintiff has both federal and state-based claims against a defendant and diversity jurisdiction does not exist, the federal court has:A Discretion to exercise supplemental (pendent) jurisdiction over the state law claim if the two claims derive from a common nucleus of operative fact and are such that a plaintiff would ordinarily be expected to try them all in one judicial proceedingB Discretion to exercise supplemental (pendent) jurisdiction over the state law claim, regardless of whether the two claims derive from a common nucleus of operative factC No discretion to exercise supplemental (pendent) jurisdiction over the state law claim; it must transfer all claims to state courtD No discretion to exercise supplemental (pendent) jurisdiction over the state law claim; it must do so

A teacher, a citizen of State A, sued a librarian, a citizen of State B, in a state court in State A. The teacher is seeking $100,000 as compensation for tortious injuries allegedly caused by the librarian's negligent acts in State A. The librarian filed a notice of removal in the federal district court of State B. The teacher filed a timely motion to remand to state court.Should the court grant the motion to remand?A No, because the lawsuit was filed in State A, where the teacher is a citizen and the librarian is not.B No, because the federal court has diversity jurisdiction over the parties and the original lawsuit was not filed in State B.C Yes, because the original lawsuit was filed in State A.D Yes, because the federal court does not have personal jurisdiction.

passenger domiciled in State A has brought a federal diversity action in State A against a railroad, seeking damages for injuries suffered when the railroad's train, which the passenger boarded in State A, derailed in State B. railroad is incorporated and has its principal place of business in State B and operates in States A and B. Several other passengers were also injured and have brought individual actions in State B federal court.Railroad has moved the State A federal court to transfer the action to the State B federal district court. State B has only one federal district.What is the railroad's best argument in support of the motion?A. accident occurred in State B and many witnesses are located there.B. action involves common questions of fact with similar actions pending inState B.C. railroad is incorporated and has its principal place of business in State B.D. Venue is not proper in State A.

A landscaper from State A sued a homeowner from State B in a state court in State B.The landscaper is seeking $100,000 as compensation for tortious injuries caused by the homeowner's allegedly negligent acts in State B. The homeowner filed a notice of removal in the federal court in State B. The landscaper filed a motion to remand to the state court.Should the court grant the landscaper's motion to remand?A No, because the federal court may use supplemental jurisdiction to establish subject-matter jurisdiction.B No, because the federal court has subject-matter jurisdiction under the diversity statute.C Yes, because the homeowner is a citizen of State B, the state in which the action was brought.D Yes, because the notice of removal should have been filed in state court.

pedestrian from State A sued a motorcyclist from State B. The pedestrian properly filed suit in a state court located in the Eastern District of State A and sought $100,000 in damages for the tortious injuries caused by the motorcyclist's allegedly negligent acts in the Western District of State A.motorcyclist filed a notice of removal in the federal court for the Eastern District of State A, which geographically embraces the location of where the action was originally filed.Is removal proper?A. Yes, because the requirements of complete diversity are satisfied.B. Yes, because the lawsuit was filed in state court in the Eastern District of State A.C. No, because the motorcyclist is a citizen of State B.D. No, because the accident occurred in the Western District of State A.

A resident of State A sued a resident of State B in federal district court in State B for breach of contract. Jurisdiction was based on diversity of citizenship. The plaintiff alleged that the contract was entered into in State C and was to be performed in State D. The plaintiff further alleged that the defendant failed to perform.While hearing this case, what substantive law should the federal district court apply?A The law that the State D state court would applyB The law that the State C state court would apply.C The law that the State B state court would apply.D The law that the federal district court believes most logically applies.

Jed Bartlett (New Hampshire) posted an entry on his blog suggesting that his former friend Leo McGarry (Illinois) cheated his way through Wake Forest University 3 years ago. This led to Leo losing his job at a regional consulting firm. He sued Jed for defamation, asserting $100,000 in damages, in Illinois federal court. Illinois's statute of limitations is two years. However federal courts use the doctrine of laches, which instead of imposing a firm statute of limitations, bars claims only upon a showing that the plaintiff has unreasonably delayed bringing their claim.Working with a neighbor, decide whether under Erie, the federal court would use Illinois's statute of limitations or the federal doctrine of laches. If you think Erie does not clearly answer the question of what to do, formulate a test for how courts can decide what to do in circumstances like this.

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Oda Nobunaga (California) and Toyotomi Hideyoshi (Oregon) got into a car accident while both were on their way to visit a museum exhibit about the Japanese civil wars in the 16th century. Nobunaga sued in Oregon federal court for $100,000. He served process by having a process server leave the complaint and summons at Hideyoshi's house with his wife. However, Oregon's rules permit only personal service by a non-party. As a result, Hideyoshi files a motion to dismiss for insufficient process, arguing that the federal court should apply Oregon's service rules.Working with a neighbor, decide how the court will rule here. If you think Erie does not clearly answer the question of what to do, formulate a test for how courts can decide what to do in circumstances like this.

The state of New Carolina has rejected the Supreme Court's decision in Hickman v. Taylor. It does not allow parties to withhold attorney work product. An airplane accident happened involving Robert and Justina, and they both had to bail out. When they landed, the FAA investigated and interviewed four other pilots in the area who saw Robert hand churning ice cream with one hand and arm wrestling with another while flying the plane. It posted the results of the investigation on its website. Justina sued. Robert's lawyer interviewed the four pilots and concluded his client was likely negligent. During discovery, Justina sought the memo, saying that New Carolina does not withhold attorney work product from discovery. Robert responded that under Hickman, a federal court must withhold the material. The district court denied Justina access to the memo and she lost at trial. On appeal, she argues that the court erred in not granting her access to the memo. True or false, the appeals court will find that she should have had access to the memo?

After New York City law enforcement gets wind that the Islamic State is about to perpetrate a terrorist attack, it launches an investigation and Mohammed (domiciled in New Jersey) ends up locked in a cell for 23 hours a day under an "interrogate and hold program" in New York City after he is picked up while working at an investment firm in New York City. After getting released, he sues New York City for racial discrimination under New York law in New York state court, alleging that all those subject to the "interrogate and hold" program were Arab Muslims. New York City removes to federal court and files a 12(b)(6) motion to dismiss. New York state has an identical version of Rule 8, but it has rejected Iqbal and held that Doe provides the proper standard to assess complaints. The federal court dismissed Mohammed's complaint and now the case is on appeal. True or false, under York, the appeals court will apply New York state's pleading standard?

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