MBE PQ3-4 Flashcards
Choice of Law - The Erie Doctrine: When it is unclear whether an issue before the court is substantive or procedure, how does the court decide?
A federal court sitting in diversity must apply state law to substantive issues and federal law to procedural issues. When it is unclear whether an issue before the court is substantive or procedural, the court must determine if there is a conflict between state and federal law with respect to the issue.
A court must determine if a federal law (not federal common law) DIRECTLY ADDRESSES the issue.
If yes: Apply federal law ONLY IF the law is (i) arguably procedural AND (ii) does not modify a substantive right, then apply federal law.
If no: Apply state law ONLY IF (i) state law is outcome determinative AND (ii) there is no countervailing federal policy interest.
PLEADINGS - REPLY: In response to a plaintiff’s complaint, if defendant’s answer alleges certain facts to support a defense against plaintiff’s claim, and plaintiff does not file a reply, how does the court treat the allegation?
If the court orders a reply, then the plaintiff must respond to allegations in the defendant’s answer as directed. Any allegation in the answer that requires a response and is not denied in the reply is deemed admitted by the plaintiff. If no reply is ordered, then allegations in the answer are deemed denied by the plaintiff. FRCP 7(a).
PLEADINGS - AMENDMENTS: When the defendant’s first response to a plaintiff’s complaint is an answer that specifically denied plaintiff’s claims, but omitted the defense of lack of personal jurisdiction, is the defense waived?
The defense is waived unless the answer is amended as a matter of course.
The defense of lack of personal jurisdiction is waived if it is not asserted (1) in a pre-answer motion or (2) if no pre-answer motion is made, in the original answer or an answer amended as a matter of course. An answer can be amended once as a matter of course within 21 days of serving the answer or being served with a responsive pleading or Rule 12(b) motion.
May a court impose sanctions on an attorney for replying on factual contentions put forth by a client in a pleading?
An attorney may rely upon factual contentions put forth by the client in a pleading without violating Rule 11—provided that the attorney has made a REASONABLE INQUIRY into those contentions.
If the court finds that the plaintiff’s attorney had not conducted a reasonable inquiry into factual contentions in the complaint, a court can impose monetary sanctions for violations of Federal Rule of Civil Procedure 11(b). Sanction proceedings can be initiated (1) by a party’s motion or (2) on the court’s own initiative—so long as the judge issues an order to show cause.
When a defendant moves for involuntarily dismissal a suit and the court dismisses the case without stating the dismissal was with or without prejudice, is the plaintiff entitled to pursue a new action based on the same claim in federal court?
No because dismissal was with prejudice.
A defendant can move for an involuntary dismissal if the plaintiff failed to prosecute the case or comply with a rule or court order. If the motion is granted, the case will be dismissed with prejudice (unless (i) the court states otherwise or (i) based on lack of jurisdiction, improper venue, or failure to join required party) to prevent the plaintiff from suing the defendant on the same claim in the future. FRCP 41.
May a judge dismiss jurors after closing arguments are made in order to reduce the jury size to six jurors?
No because excusing jurors to reduce the size of the jury to six is not for good.
Under Federal Rule of Civil Procedure 48, a jury must begin with at least six and no more than 12 members. Each juror must participate in the verdict unless excused (i.e., dismissed) by the court for good cause during trial or after jury deliberations have begun. Good cause exists when the juror has an illness, has a family emergency, or has committed juror misconduct that might cause a mistrial—e.g., providing false testimony during voir dire.
When may a party move for JMOL?
This motion may be filed before the case is submitted to the jury but only after the nonmovant has had the opportunity to present its case. A party cannot move for JMOL with respect to any claim or defense until the other party has been fully heard on that matter.
Must an appellate court hear an appeal if an exception to the final-judgement rule exists? What happens to district court proceedings when the appellate court hears an appeal?
No. An appellate court has DISCRETION to permit an appeal from an order granting or denying class action certification if the petition for such an appeal is filed with the clerk of the appellate court within 14 days after the order is entered.
If the appellate court permits the appeal, the district court proceedings are stayed pending the appeal only when ordered by the district court or the appellate court.
POST-TRIAL PROCEDURE - ISSUE PRECLUSION:
When/how & who may assert issue preclusion, and who may an assertion of issue preclusion be made against?
Issue preclusion (i.e., collateral estoppel) bars the relitigation of issues that were actually litigated, determined, and necessary to a valid final judgment. This doctrine can only be asserted against parties to the first action because they have had an opportunity to fully and fairly litigate their claims/defenses.
In a claim for breach of contract filed in federal court, is venue proper in State A where plaintiff negotiates and executes a contract w/ defendant when (1) only plaintiff resides in State A, (2) defendant resides in State B, (3) events resulting in breach arise in State C?
Yes because a substantial part of the events giving rise to the claim occurred in State A.
Venue is proper in any federal district where (1) any defendant resides, as long as all defendants reside in the same state, (2) a substantial part of the events occurred, (3) the property at issue is located, or (4) any defendant is subject to personal jurisdiction—but only if venue does not arise under the preceding provisions.
When may a court clerk enter a default judgement?
The clerk must enter a default judgment when:
[1] the plaintiff’s claim is for a sum certain (i.e., a specified or set amount) OR a sum that can be made certain by calculation
[2] the plaintiff’s request for default judgment includes an affidavit establishing the amount due
[3] the defendant failed to appear—i.e., did not file a motion or otherwise act before the court—and
[4] the defendant is not legally incompetent or a minor.
What is the two dismissal rule?
Under the two-dismissal rule, a voluntary dismissal is with prejudice when the plaintiff (1) voluntarily dismissed an action in federal or state court without a court order and (2) filed a notice of voluntary dismissal in a second action on the same claim in federal court.
May a party file a motion for sanctions immediately after the opposing party violates one of the provisions of Rule 11?
A party cannot file a motion for sanctions until 21 days after serving that motion on the alleged violator (party serving the motion refrains from filing it for 21 days). This safe-harbor rule gives a violator time to correct the violation.
A plaintiff filed a lawsuit against a defendant in federal district court. The plaintiff asserted a debt-collection claim to recover $30,000 for a past-due amount on a personal loan made by the plaintiff to the defendant. In addition, the plaintiff’s complaint asserted a negligence claim to recover $50,000 for his personal injuries and damage to an antique glass globe that he was carrying when he fell down a flight of stairs at the defendant’s home. The defendant has challenged the joinder of these claims in a single action. The plaintiff and the defendant are citizens of different states.
Is the defendant’s challenge valid?
No, b/c the claims may be joined in a single action.
[One P v One D] If subject-matter jurisdiction is based on diversity jurisdiction, then a party may aggregate (i.e., combine) all claims to be joined against a single opposing party to satisfy the amount-in-controversy requirement—even if those claims are unrelated
When can a part request jury instructions?
A party may request jury instructions before or at the close of evidence unless the court sets an earlier, reasonable deadline.
Even after the close of evidence, a party can request instructions (1) on issues that could not REASONABLY have been ANTICIPATED by the deadline or (2) with the court’s permission.
