Civil Law Questions

Paulette was flying from Raleigh to Charlotte aboard Free Spirit Airlines, America's first self-service air carrier. Fares for the airline are $5. Passengers are put in 50-year-old, used glider planes, hauled up into the air in the direction of their destination, and released. Unfortunately for Paulette, the glider had an unexploded shell from the French and Indian War. The shell exploded and Paulette had to bail out over Greensboro. Free Spirit has a practice of investigating all accidents. Each time an accident happens, a senior engineer looks over the glider plane, interviews the self-serve pilot, and then writes up a report evaluating what he thinks went wrong, what the company could do in the future to ensure safer air travel, suggesting talking points to soothe the worries of potential customers, and assessing whether the company's lawyer should be informed. The company has been sued over 100 times in the past several years for accidents, and the company's lawyer has warned it to expect a lawsuit whenever a serious injury occurs. Which of the following is true?A.The specific claim test would not support treating the senior engineer's memo as work product.B.The work product is not protected because it was not prepared by a lawyer.C.Since no claim had been filed, the senior engineer's memo could not have been prepared in anticipation of the litigation.D.The work product will likely be withheld under either the primary purpose or specific claims test.E.The work product will not be withheld under the primary purpose test.

The Nilfgard corporation (domiciled in New Hampshire) sells life insurance policies. One day, Geralt of Rivia (domiciled in Iowa) bought a life insurance policy and named Triss Merigold (domiciled in Tennessee) as beneficiary. The application stated that Triss planned to remain in Tennessee for the foreseeable future. The insurance contract had a provision prohibiting payment of benefits in cases where the insured party died while engaging in criminal activity. Five years later, Triss relocated to California to become a police officer. Five years after that, Geralt was visiting the Skellige islands and drowned. Triss sought the insurance benefits, but the Nilfgard corporation refused to pay. Triss claimed that he died in a boating accident while the Nilfgard corporation claimed he died while piloting a pirate ship that was sinking yachts and scouring them for treasure. Triss brought suit in California state court. True or false, there is personal jurisdiction in a California court over the Nilfgard corporation under Hanson.A.TrueB.False

Bastilla (North Carolina) gets into an accident with Revan (Florida) while on vacation in Costa Rica. Bastilla really wants to sue in North Carolina state court. In the meantime, she hires a private investigator named Carth to dig up dirt. Carth's research reveals that Revan had family drama and will be driving through North Carolina to his older brother Malak's house in Virginia to talk about their late father's will. It will be the first time Revan has ever set foot in North Carolina; he has no family or property there. Carth follows behind Revan's car and calls Bastilla when Revan stops for gas near Bastilla's house. Bastilla's process server drives to the gas station and serves Revan the complaint. Does an N.C. court have personal jurisdiction?A.TrueB.False

Suppose that John is a newspaper reporter domiciled in North Carolina. After an investigation, he publishes a report that negatively portrays International Shoe. In return, the corporation sends out a press release to North Carolina claiming John plagiarized frequently in his work in an attempt to discredit him. Subsequently, John moves to Washington State, where International Shoe runs nine shoe stores, advertises in state newspapers, and has a factory, though it remains domiciled in Delaware and Missouri. He decides to sue International Shoe for slander. True or false, a Washington state court would have personal jurisdiction.A.TrueB.False

Cerberus corporation (domiciled in Alaska) sells life insurance policies. One day, it issues a $100,000 policy to a naval officer, Captain Shephard (domiciled in South Carolina). The beneficiary was fellow soldier Liara T'Soni (also domiciled in South Carolina). He paid insurance premiums from South Carolina and the company issued an insurance certificate to them in South Carolina. The contract specified that a claim would not be paid out in cases of suicide. One day, Shepard, went into a therapy session with Donnel Udina and died three days later. Liara claims that Udina murdered Shepard, while Cerberus claims Shepard committed suicide. Liara sues when Cerberus refuses to pay out on the policy in South Carolina state court. Under McGee, can a South Carolina court exercise personal jurisdiction over Cerberus?A.TrueB.False

Angry at everything he's heard in a civil procedure conference about defensive non mutual issue preclusion, Euripides straps on some medieval armor and starts slashing his sword at random professors. Eventually, the suit explodes, causing moderate injuries, which are treated. In preparation for trial, Euripedes's lawyer writes a memo suggesting that Euripedes accidentally put gunpowder in the armor, which caused it to explode. When Euripedes is discharged from the hospital, he sues King Arthur Armor, the manufacturer, in New Virginia court. New Virginia allows parties to withhold any and all attorney work product and allows no showing of necessity to overcome that right. Euripedes recovers for negligence. Subsequently, Kassandra gets enraged at a property conference about recording statutes and goes berserk. Putting on her armor, she starts throwing pikes at conference attenders. Eventually, her armor shatters out of nowhere, injuring her arms and legs. After getting out of the hospital and then jail, she sues King Arthur Armor in New Carolina court, arguing the armor was negligently designed. In New Carolina, parties can get ahold of attorney work product without a showing of necessity. Kassandra's lawyer wrote a memo saying that Kassandra had made some augmentations to the armor over the years. Kassandra argues King Arthur Armor is issue precluded from arguing that its armor was not negligently designed. True or false, the court will likely apply issue preclusion?A.TrueB.False

Ursula and Ariel form a contract for Ariel to sing at a concert. On the day of, Ariel decides to play Call of Duty and doesn't show up. Ursula has to cancel, costing her lots of money. When Ursula learns the truth, she goes on Twitter and says, "Don't call Ariel to sing at your concert; all she'll do is play Call of Duty." She then sues Ariel for breach of contract. At trial, both sides argue over whether Ariel appeared; Ariel fakes video footage showing her singing and claims she attended. Ursula calls witnesses testifying that Ariel did not sing and others who testify she texted them while playing Call of Duty. The jury rules in favor of Ursula, finding that Ariel never showed because she was playing video games. Subsequently, Ariel sues for defamation. Ursula argues that Ariel is issue precluded from arguing that she in fact appeared at the concert and that Ursula lied on her. True or false, Ariel is issue precluded from arguing that she appeared at the concert?A.TrueB.False

Timothy (North Carolina) is flying his light sports aircraft to go see the reality show "Civil Procedure Spouses of the Research Triangle" when Christina (District of Wyoming) and Joseph (Middle District of North Carolina) crash into him in midair. Both were texting and flying. Timothy parachutes out and starts working on a complaint soon after he lands and then sues in the Middle District of North Carolina. The defendants file a joint motion to dismiss for lack of venue, arguing that under 1391(b)(1), venue is lacking. Will the court accept the argument?A.No, because Joseph resides in the Middle District of North Carolina.B.Yes, unless the crash took place in the Middle District of North Carolina.C.Yes.D.Yes, unless Christina has minimum contacts with the Middle District of North Carolina.

Case 1: Jay-Z (New York) refuses to hire Taylor Swift (Tennessee) for his new record label, Brennan records. Swift has him served process in Memphis, Tennessee while visiting the city for a three-week business trip and vacation. Swift brings a Tennessee Reverse Discrimination claim in Tennessee federal court for $75,000 and alleges Jay-Z will defend on the grounds that the First Amendment in the federal constitution gives him a freedom of association right to hire whomever he pleases. Jay-Z files a motion to dismiss for subject matter jurisdiction, which is denied. At trial, he prevails on the merits. Swift appeals on the grounds that the court lacked jurisdiction, but the appeal fails. Case 2: Swift sues in New York federal court, bringing a Tennessee Reverse Discrimination Act claim again, alleging $80,000 in damages.Was the court in case #1 a court of competent jurisdiction?A.Yes.B.No.

William and Julia Roberts, Louisiana residents, were involved in an automobile accident in Missouri, with an uninsured motorist, Kent. The Robertses sustained damage to their vehicle, as well as personal injuries. Their insurance company, State Farm, refused to pay the Robertses anything, asserting that the policy did not provide coverage under the circumstances. The Robertses sued State Farm in the Robertses' home federal court, the U.S. District Court for the Eastern District of Louisiana, based on the federal court's diversity jurisdiction. State Farm issued the auto insurance policy in question to the Robertses at their home. Agents from a State Farm office in the Eastern District of Louisiana investigated the accident and, after internal deliberations in that office, decided to deny the claim. State Farm argued that the Robertses filed suit in an improper venue and that the proper venue for the lawsuit was either where the accident occurred (Missouri) or where State Farm was incorporated and has its principal place of business (Illinois). On State Farm's motion to dismiss for improper venue under Fed. R. Civ. P. 12(b)(3), the federal district court should:A.Grant State Farm's motion to dismiss because a substantial part of the events giving rise to the claim occurred in Missouri.B.Grant State Farm's motion to dismiss because State Farm is a citizen of Illinois.C.Deny State Farm's motion to dismiss because venue is proper.D.Deny the motion to dismiss because the court should always defer to the plaintiffs' choice of forum.E.Deny the motion, but only because of 1391(b)(3).

Aladdin and Jafar get into a tank accident. Jafar sues Aladdin, arguing that Aladdin was negligent for drinking and operating the gun turret at the same time when the turret swung around and hit Jafar's tank. The parties file cross motions for summary judgment. Aladdin argues that he has witnesses who can testify that he had nothing to drink that day, and Jafar cites two witnesses who claim they did see Aladdin drinking. At the end of the summary judgment hearing, the judge says he is convinced Aladdin was driving his tank negligently, but dismisses the case for lack of subject matter jurisdiction. Aladdin then sues Jafar for defamation. Jafar goes on national tv claiming that Aladdin was drinking and driving his tank when he collided into him. In the second case, Jafar files a motion for partial summary judgment arguing that issue preclusion prevents Aladdin from arguing that he was not driving his tank negligently in light of what the judge said in the first case. True or false, Aladdin is issue precluded?A.TrueB.False

Robin Hood (Domiciled in Texas and an American citizen) was flying aboard King John Airlines (incorporated and with its principal place of business in the United Kingdom). While flying, a flight attendant stuffed one of the overhead containers too full. While standing up to go to the bathroom, the latch to the overhead container failed and a purse fell out, leading a funnel cake to fall out and get powdered sugar on Robin Hood's $200 blazer. Robin Hood landed and incurred a $30 dry cleaning bill. Case #1: Robin Hood brought a federal claim under the federal safety in aviation act, which provides anyone who has witnessed unsafe practices in flying or operating a flight a cause of action for $10,000. He also brought a negligent supervision claim against the airline and alleged $80,000 in damages. He sued in New York federal court. King John Airlines filed a motion to dismiss for lack of subject matter jurisdiction, which was denied. King John airlines prevailed on the merits. Robin Hood then appealed on the grounds that the trial court lacked subject matter jurisdiction; the appeal failed. Case #2: Robin Hood went forum shopping and then sued in California federal court on the same claims he raised in case #1.A.Yes.B.No.

Joe, a Massachusetts citizen (from the Eastern District of Massachusetts), is in a car accident with two other cars while driving in Canada. Joe sues the drivers of the two other cars, Dina (from the Southern District of New York) and Devin (from Canada). Joe files suit in the S.D.N.Y. Joe alleges damages in excess of $75,000. Where would venue be proper?A.The Southern District of New York.B.Canada.C.Eastern District of Massachusetts.D.A and B.E.There is no available venue under these facts.

Case 1: Paul (North Carolina) sues Silas (North Carolina) for breach of contract in North Carolina federal court. Silas files a motion to dismiss for lack of subject matter jurisdiction, which is denied. Silas ultimately wins a jury verdict. Paul appeals for lack of subject matter jurisdiction, but the appeal fails.Case 2: Upset by the verdict, Paul sues Silas again in North Carolina state court. Silas files a motion to dismiss the claim as being precluded.Was the court in case #1 a court of competent jurisdiction?A.Yes.B.No.

Lisa was born and raised in Florida and then went to a Minnesota college on a hockey scholarship. After graduating, she hoped to play professional hockey at whatever team would draft her, and was open to playing for the Minnesota Compulsory Counterclaims.Phoebe was born and raised in New Mexico. She moved to Minnesota to attend medical school. She liked Minnesota and was open to staying there to practice, but was also open to practicing back in New Mexico.One day, during their junior year, both got in a car accident outside of Minneapolis, Minnesota because Lisa was playing Tank simulator on her Oculus Quest virtual reality headset while driving. Phoebe's car was totaled and she had to go to the hospital for two weeks where she had two surgeries performed; she was also uninsured. Both Minnesota federal and state courts follow Gordon v. Steele to determine domicile. Case #1: Phoebe sued Lisa for $80,000 in Minnesota federal court. Lisa filed a motion to dismiss for lack of subject matter jurisdiction. The motion was overruled. At trial, the jury found for Lisa because it found Phoebe contributorily negligent for texting while driving. Phoebe appealed on the grounds that subject matter jurisdiction was lacking, but was lacking, but the appeal failed. Case #2: Phoebe figured she'd take her chances and sued again in Minnesota federal court.Was the court in case #1 a court of competent jurisdiction?A.Yes.B.No.

Harry Potter (Vermont) was alternating between playing oculus quest and the valve index virtuality headsets while flying on his broom. He got into an accident with Draco Malfoy (New Hampshire), who was out flying on an experimental broomstick. When they collided, the oculus quest began leaking out acid which combined with magical properties in Draco's broom stick to set it on fire and temporarily deprive Draco of his magical powers; fortunately, Draco was wearing a parachute and was able to bail out. As soon as he landed, he contacted his lawyers Crabbe and Goyle, and sued Harry for negligence, asserting $100,000 in damages. Harry impleaded Weasley Electronic Repairs, Inc., which has its principal place of business, and is incorporated in, New Hampshire, under Rule 14. Harry claimed that in repairing his virtual reality headsets, Weasley Electronic Repairs inserted acid into them and sought $50,000 in damages. Weasley Electronic Repairs filed a motion to dismiss Harry's impleader claim. True or false, 1367(b) precludes supplemental jurisdiction over the impleader claim?A.TrueB.False

Hercules was working at the Underworld corporation when his supervisor Hades fired him because he was too old. He sued for $1,000 in small claims court, and alleged that there was a policy of firing workers over 60. The Underworld corporation instructed its attorney to only spend 2 hours on the case. Its lawyer complied and filed only a 3-page response to the motion for summary judgment, which the court granted. The court specifically found that there was a policy of firing workers over 60. A year later, Mulan sued the Underworld corporation for $150,000 for age discrimination and alleged a policy of firing workers over 60. When the Underworld corporation argued there was no such policy, Mulan argued it was issue precluded. True or false, the court in lawsuit two will likely apply issue preclusion?A.TrueB.False

Coriana was walking her pet alligator and her pet tiger when she ran into Gloria on the street. The two had a friendly conversation, but then the subject of whether the legal system should keep the Erie doctrine came up. Coriana became enraged as Gloria argued for repudiating the Erie doctrine. Gloria responded by calling Coriana a "civil procedure illiterate loser" so loud that everyone else in the neighborhood said "dang" at the same time. Coriana responded by saying that listening to Gloria was more boring than learning about recording statutes in property and ordered her alligator and tiger to attack. Fortunately, Gloria was wearing samurai armor and sustained only minor cuts and bruises. Gloria sues Coriana for defamation in the first lawsuit, and loses a jury verdict. In a second lawsuit, she sues for battery. Coriana asserts that the battery claim is precluded. What result under the transactional and evidentiary tests?A.Precluded under both.B.Precluded under the transactional, but not the evidentiary test.C.Precluded under the evidentiary, but not transactional test.D.Precluded under neither test.

X corporation is incorporated in North Carolina with its principal place of business in Charlotte, NC (the western district of NC). It also has an office in Wilmington (eastern district of NC). One day, the driver of one of its trucks gets into a crash with Steven in Raleigh (the middle district of NC). Where does X corporation reside?A.The Middle District of North Carolina.B.The Western District of North Carolina.C.Eastern District of North Carolina.D.A and B.E.A, B, and C.

Phil is a writer for the National Enquirer who lives and works in Florida. While working in Florida, he writes a story about Peter Stevenson, a Hollywood celebrity. The article says that Stevenson has a drinking problem and is a child abuser. Stevenson sues for defamation in California state court, claiming that the story was false and hurt his reputation in California. He hires a process server to serve Phil personally in Florida. Under Pennoyer, is there personal jurisdiction?A.TrueB.False