Mixed

Question 1

Where is venue proper in federal civil cases?

Answer 1

Federal venue in civil actions is proper in: (i) the district where any defendant resides, if all defendants are residents of the state in which the district is located; and (ii) the district in which a substantial part of the events or omissions giving rise to the claim occurred.

Question 2

May improper venue be waived?

Answer 2

Yes, improper venue may be waived

Question 3

When is supplemental jurisdiction available?

Answer 3

When the federal court has subject matter jurisdiction over one claim, it has discretion to exercise supplemental jurisdiction over related claims that:

1. derive from the same common nucleus of fact and;
2. are such that a plaintiff would ordinarily be expected to try them in a single judicial proceeding.

Essentially, this means that the supplemental claim must arise from the same common nucleus of operative fact as the claim invoking federal subject matter jurisdiction.

Question 4

What is authentication?

Answer 4

One of the general requirements for admissibility of real evidence is that it be authenticated; i.e., that it be identified as being what its proponent claims it is.

Question 5

What is chain of custody and when is it necessary?

Answer 5

If the evidence is of a type that is likely to be confused or can be easily tampered with, the proponent of the object must present evidence of chain of custody.

The proponent must show that the object has been held in a substantially unbroken chain of possession. It is not necessary to negate all possibilities of substitution or tampering; rather, what is required is to show adherence to some system of identification and custody.

Question 6

What must you submit for summary judgment?

Answer 6

The party moving for summary judgement submits evidence (typically affidavits and discovery materials) to establish that there are no issues of material fact.

Question 7

What does a pre-answer motion to dismiss under Rule 12(b) address?

Answer 7

A pre-answer motion to dismiss a complaint for failure to state a claim addresses the adequacy of the pleadings. The allegations of the complaint are deemed true for purposes of the motion.

Question 8

Is a plaintiff entitled to obtain information about the defendant’s insurance coverage prior to trial?

Answer 8

The plaintiff is entitled to obtain information about the defendant’s insurance coverage prior to trial. Without waiting for a discovery request, a party must provide to the other parties copies of insurance agreements under which an insurer might be liable for all or part of any judgment that might be entered.

Question 9

Is a sublessee liable to the landlord?

Answer 9

A sublessee is not personally liable to the landlord for rent or for the performance of any other covenants made by the original lessee in the main lease (unless the covenants are expressly assumed) because the sublessee does not hold the tenant’s full estate in the land (so no privity of estate).

Question 10

May a original tenant be liable after assigning a lease to a third party=

Answer 10

After an assignment, the original tenant is no longer in privity of estate with the landlord. However, a tenant may still be held liable on its original contractual obligations to the landlord on privity of contract grounds.

Question 11

In an assignment, is the assignee liable to the landlord?

Answer 11

In an assignment, the assignee stands in the shoes of the original tenant in a direct relationship with the landlord. Each is liable to the other on all covenants in the lease that run with the land, which would include the obligation of the lessee to pay taxes on the property.

Question 12

In a federal civil case, may the defendant be served pursuant to the law of the state in which the district court is located?

Answer 12

Yes, Federal Rule 4 provides that summons and complaint may be served on an individual other than an infant or incompetent pursuant to the law of the state in which the district court is located. Notwithstanding, the state provision must be constitutional; i.e., it must be reasonably calculated to give the defendant notice of the action.

Question 13

May voluminous writings that are otherwise admissible be be presented in the form of a chart in a federal civil case?

Answer 13

Yes.

The original document or best evidence rule generally requires the original writing to be produced when the terms of the writing are sought to be proved and are material to the case. [Fed. R. Evid. 1002]

However, under Federal Rule 1006, the contents of voluminous writings that are otherwise admissible may be presented in the form of a chart as long as the original documents are available to the other party for examination and copying.

Question 14

Which are the six covenants of title under a general warranty deed?

Answer 14

A general warranty deed gives the grantee six covenants of title:

1. the right to seisin;
2. the right to convey;
3. a covenant against encumbrances;
4. the covenant of quiet enjoyment;
5. the covenant of further assurances;
6. and a general warranty.

Question 15

What is the right to seisin?

Answer 15

In brief, the term refers to the possession of land.

Question 16

Who can regulate foreign commerce?

Answer 16

For all practical purposes, the power to regulate foreign commerce lies exclusively with Congress.

For example, a state that adopts legislation requiring private vendors to favor United States products over foreign products, may be acting outside the scope of its powers.

Question 17

May a defendant remove to federal court an action brought in state court, that could have originally been brought by the plaintiff in the federal courts?

Answer 17

Yes, under 28 U.S.C. section 1441(a), a defendant can remove an action that could have originally been brought by the plaintiff in the federal courts.

However, removal must be sought within 30 days after receipt by or service on that defendant of the initial pleading or summons, or, if the case is not initially removable, within 30 days of the case becoming removable. Additionally, removal based on diversity jurisdiction cannot be had if more than one year has passed since the suit was filed unless bad faith on the part of the plaintiff can be shown.

Question 18

In the first amendment, how has the court defined unprotected speech deemed as “obscene”?

Answer 18

The Court has defined obscenity as a depiction of sexual conduct that, taken as a whole, by the average person, using contemporary community standards:

(i) appeals to the prurient interest in sex;
(ii) portrays sex in a patently offensive way; and
(iii) using a rational, reasonable person standard, does not have serious literary, artistic, political, or scientific value.

Question 19

May prior convictions be used to attack a witness´s credibility?

Answer 19

Yes, Under Federal Rule 609, evidence of conviction of a crime requiring proof of an act of dishonesty or false statement can always be used to attack a witness’s character for truthfulness.

Question 20

What is the right of survivorship in a joint tenancy?

Answer 20

A joint tenancy carries the right of survivorship. Thus, when one joint tenant dies, the property is freed of her interest and the surviving joint tenant holds the entire property. Therefore, the man owns the property.

Question 21

When a tenant fails to vacate the premises after the termination of his right to possession, what may a landlord do?

Answer 21

When a tenant fails to vacate the premises after the termination of his right to possession, the landlord may:

(i) treat the hold-over tenant as a trespasser and evict him; or
(ii) bind the tenant to a new periodic tenancy. The terms and conditions of the expired tenancy apply to the new tenancy. At least in commercial leases, the new tenancy will be year-to-year if the original lease term was for one year or more.