General Assessments

Question 1

To which form of subject matter jurisdiction does the “well-pleaded complaint” rule apply?

Answer 1

Federal question

Question 2

Supplemental Jurisdiction

Answer 2

1. Supplemental jurisdiction allows a federal court to hear a claim over which it otherwise would not have jurisdiction.
2. Supplemental jurisdiction applies only when the court already has jurisdiction over another claim.
3. The key test for determining the existence of supplemental jurisdiction is the common nucleus of operative fact test

Question 3

In diversity jurisdiction, what claims are precluded by supplemental jurisdiction?

Answer 3

1. Claims by existing plaintiffs against additional persons joined as necessary parties under Rule 19
2. Claims by persons seeking to intervene as plaintiffs under Rule 24
3. Claims by plaintiffs joined voluntarily under Rule 19

Question 4

Due process requirements have been met when

Answer 4

1. there has been minimum contacts between the defendant and the forum state.
2. a court’s exercise of personal jurisdiction cannot offend traditional notions of fair play and substantial justice.
3. contacts between the forum and the plaintiff are not independently sufficient to satisfy due process.

Question 5

Pleadings

Answer 5

1. A complaint must include a demand for judgment for the relief sought.
2. The demand for judgment for the relief sought may include different types of relief.
3. Allegations of fraud or mistake, as well as a claim for special damages, must be stated with particularity.

Question 6

An amendment to a pleading may be made _________ as a matter of right. When leave of the court must be sought, leave should be _________ granted.

Answer 6

once, freely

Question 7

Compulsory joinder

Answer 7

1. A necessary party may be served within 100 miles from where the summons was issued, even if the service is outside of the state and beyond its long-arm statute jurisdiction.
2. A necessary party is a person whose participation in the lawsuit is necessary for a just adjudication.
3. When the court dismisses an action because of the inability to join a necessary party, the party is said to be “indispensable.”

Question 8

What aid can a party faced with an unduly burdensome or expensive discovery request seek from the court?

Answer 8

Protective order

Question 9

Compulsory counterclaims

Answer 9

A compulsory counterclaim is a claim that arises out of the same transaction or occurrence as the opposing party’s claim.

Question 10

What type of claim must be supported by an independent jurisdictional basis?

Answer 10

Permissive counterclaim

Question 11

Consequence of plaintiff’s failure to prosecute

Answer 11

dismissal with prejudice

Question 12

What happens when there has been a failure to respond to an admissions request?

Answer 12

It results in the matter being admitted

Question 13

Oral Depositions

Answer 13

1. must be given under oath
2. any person sought to be deposed must be subpoenaed in order to compel attendance.
3. when an entity such as a corporation is deposed, the entity selects the individual who will respond at the deposition on the entity’s behalf.

Question 14

A party opposing a motion for summary judgment cannot rely solely on

Answer 14

allegations or denials in her own pleading

Question 15

Requirements for a judgment as a matter of law

Answer 15

1. The evidence must be viewed in the light most favorable to the opposing party.
2. The evidence cannot support a contrary verdict.
3. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.

Question 16

The standard for setting aside judicial findings of fact is

Answer 16

clearly erroneous

Question 17

appealability of an interlocutory order

Answer 17

1. An order granting or denying an injunction is immediately appealable.
2. An appellate court may choose to hear an appeal of an order certifying or refusing to certify a class action.
3. Both the trial and appellate courts must agree to allow the appeal.

Question 18

factors considered by federal courts when determining applicable state law

Answer 18

1. Persuasive decisions by the lower state courts of the state
2. Rulings from the highest state court
3. Predictions on how the highest state court would rule on new issues

Question 19

Examples of state substantive law under the Eerie doctrine

Answer 19

1. State rules allocating burdens of proof on state claims
2. State rules governing choice of law
3. statutes of limitations for state claims

Question 20

A __________ ___________ cannot have an issue preclusion effect.

Answer 20

default judgment