Civil Procedure

Question 1

P tries to sue D1 for 70K and D2 for 10K, allowed to aggregate?

Answer 1

no, cant do it.

Question 2

Woman brought a claim under federal law, but D argued no SMJ because federal law did not apply to her, SMJ?

Answer 2

Yes, claim is based on federal law.

Question 3

SMJ for supplemental Jur for federal issue, but suing D2 for negligence.

Answer 3

Yes, you can have supp here.

Question 4

Woman files in federal court for a statutory right. however, she fails to file proper procedure. Her only claim left is a state law claim for fraud. What will the court do.

Answer 4

THe COurt may, in its discretion, dismiss the action or hear the state law claim.

Question 5

Court granted a motion for SM with fraud claim, but denied breach of K claim. Can a party appeal at this stage?

Answer 5

Yes. court made a final judgment on fraud claim

Question 6

Can you appeal an order to compel discovery?

Answer 6

No, this is an interlocutory order and may not be appealed. it was not a final adjudication on the merits.

Question 7

Dismissal for failure to prosecute?

Answer 7

You can appeal because it was a final jdugment

Question 8

Congress passed an act which regulated injuries for boats. However, it didnt mention punitive damages at all. Can P bring?

Answer 8

Yes, because act did not prohibit.

Question 9

Tansfering case from A to B federal court for convience

Answer 9

Apply state A law.