practice exam 2 rules

Question 1

diversity JX

Answer 1

Multiple plaintiffs may aggregate (i.e., combine) their claims to satisfy the amount-in-controversy requirement when they seek to enforce a single title or right to a common or undivided interest.

Question 2

diversity JX

Answer 2

Citizenship is determined on the date that the complaint is filed with the court. The subsequent substitution of a party—here, the substitution of the son for the brother—is not considered in evaluating diversity jurisdiction.

Question 3

forum-defendant rule

Answer 3

The forum-defendant rule prohibits removal from state to federal court when (1) the federal court’s subject-matter jurisdiction arises solely from diversity jurisdiction and (2) a defendant is a citizen of the state where the case was filed.

Question 4

fed court judgment

Answer 4

A judgment entered by a federal court with personal jurisdiction over the defendant can be enforced by a federal court in another state—even if the defendant does not have minimum contacts with that state.

Question 5

full faith and credit clause

Answer 5

requires state courts to recognize and enforce the valid judgments of other state courts. But this clause does not apply here because the State X federal court’s judgment is being enforced by the State Y federal court.

Question 6

amended pleading rules

Answer 6

nder Federal Rule of Civil Procedure 15, a party may amend its original pleading (e.g., complaint) once as a matter of course (i.e., without the court’s permission). When this occurs, a response to the amended pleading (e.g., answer) generally must be made by the later of the following deadlines:

The time remaining to respond to the original pleading—e.g., an answer is generally due within 21 days after service of process

14 days after the service of the amended pleading*

Question 7

rule 11 violations

Answer 7

Federal Rule of Civil Procedure (FRCP) 11(b) requires that every pleading, motion, or other document filed with the court be signed by an attorney or an unrepresented party. This signature certifies the following to the court:

The document is presented for a proper purpose—not to harass, cause unnecessary delay, or needlessly increase the cost of litigation.

All claims, defenses, and legal contentions are warranted by existing law or by a nonfrivolous argument for revising or establishing law.

All factual assertions have or will have evidentiary support after a reasonable opportunity for further investigation or discovery.

All factual denials are warranted by evidence or are reasonably based on a belief or a lack of information.

A court can impose sanctions on a law firm (default), attorney, or party if the court finds that they violated one of the provisions of FRCP 11(b).

A court can impose sanctions for violations of Federal Rule of Civil Procedure 11(b), which requires that every filing with the court be signed by an attorney or unrepresented party certifying that all factual assertions have or will have evidentiary support after a reasonable opportunity for further investigation or discovery.

Question 8

certifying class actions

Answer 8

A federal court has the power to certify (i.e., authorize) the following types of class actions:

Prejudicial risk – when separate actions would create a risk of inconsistent decisions regarding the parties or impairing absent class members’ interests

Common question – when common questions of law or fact predominate over individual questions and a class action is the best method to fairly and efficiently adjudicate the dispute

Final equitable relief – when injunctive or declaratory relief is appropriate because the opposing party’s actions generally apply to the whole class

In a “common question” class action, adequate notice must be provided to all class members because they have the right to opt out of the class action and sue on their own behalf. However, in “prejudicial risk” and “final equitable relief” class actions, notice is not required because class members do not have a right to opt out.

Question 9

discovery of expert materials

Answer 9

The facts known and opinions held by an expert not expected to testify at trial, including the expert’s identity, are privileged and not discoverable unless (1) the information relates to a court-ordered physical or mental examination or (2) exceptional circumstances make it impracticable to obtain that information by other means.

Question 10

discovery of expert materials

Answer 10

Nontestifying expert
Facts known or opinions held by expert not discoverable unless:

relate to court-ordered physical/mental examination or
exceptional circumstances make it impracticable to obtain information by other means

Testifying expert
Facts known & opinions held by expert discoverable through deposition
Drafts of expert reports & disclosures not discoverable
Communications between attorney & expert not discoverable unless:

relate to expert’s compensation or
identify facts, data, or assumptions provided by attorney that expert considered in forming opinions

Question 11

jury demand

Answer 11

Any party may secure the right to a jury trial in a civil action on any legal claim where the amount in controversy exceeds $20 by (1) serving the other parties with a written jury demand no later than 14 days after the last pleading is served and (2) filing the demand with the court within a reasonable time after serving it.

Question 12

personal JX over D without minimum contacts

Answer 12

The federal rules establish personal jurisdiction over a defendant who does not have minimum contacts with the forum state when (1) the plaintiff asserts a federal-law claim, (2) the defendant is not subject to personal jurisdiction in any state court, and (3) the defendant has minimum contacts with the United States as a whole.

Question 13

supplemental JX

Answer 13

When diversity jurisdiction exists over at least one named plaintiff’s claim in a class action, a court may exercise supplemental jurisdiction over claims that do not satisfy the amount-in-controversy requirement.

Question 14

putative class diversity JX

Answer 14

The amount-in-controversy requirement for diversity jurisdiction is satisfied for all claims of a putative class if each of the class members asserts a good-faith claim for over $75,000. Here, only the third named plaintiff’s claim seeks this amount, so the court must exercise supplemental jurisdiction over the remaining claims.

Question 15

class action fairness act

Answer 15

The Class Action Fairness Act permits the claims of the putative class members to be aggregated to satisfy the amount-in-controversy requirement. But this Act applies only when the class contains at least 100 members—not 75 members (as seen here).

Question 16

pretrial disclosures

Answer 16

A party’s pretrial disclosures must include (1) the name, address, and phone number of each witness, (2) deposition testimony that will be used at trial, and (3) all documents and exhibits. These pretrial disclosures must be made at least 30 days before trial.

Question 17

final judgment rule

Answer 17

The final-judgment rule is a jurisdictional requirement that bars federal appellate courts from hearing an appeal until the district court has entered a final judgment. A final judgment fully resolves a dispute on the merits and leaves nothing for the court to do but enforce the judgment. Therefore, absent limited exceptions, an appellate court must dismiss an appeal for lack of jurisdiction if no final judgment has been entered. This promotes judicial economy and avoids undue delay caused by multiple appeals.

Question 18

13th amendment

Answer 18

Prohibits government & private actors from engaging in slavery/involuntary servitude

congress can:
Prohibit badges/incidents of slavery
Override state 11th Amendment immunity

Question 19

14th amendment

Answer 19

Prohibits states from denying equal protection, due process, or privileges/immunities of national citizenship

congress can:
Remedy/prevent violations with proportional & congruent legislation
Override state 11th Amendment immunity

Question 20

15th amendment

Answer 20

Prohibits states & federal government from denying or abridging voting rights based on race, color, or previous servitude

congress can:
Ban methods of voter discrimination
Override state 11th Amendment immunity

Question 21

M’naghten test for insanity

Answer 21

majority rule

Under the M’Naghten test for insanity, a defendant is not guilty if a mental illness prevented him/her from (1) understanding the nature and quality of the criminal act or (2) knowing that his/her conduct was wrong.

Question 22

5A privilege against self incrimination

Answer 22

The Fifth Amendment privilege against self-incrimination applies only to individuals—not corporations. Therefore, when a corporation is the target of an investigation, the custodian of corporate records cannot refuse to produce subpoenaed documents by citing the privilege—even if the documents would incriminate him/her personally.

Question 23

Sixth amendment right to counsel

Answer 23

Critical stages:
-Post-indictment: lineups, in-person identifications, interrogations
-Arraignments, preliminary hearings, bail hearings, pretrial motions
-Plea negotiations & hearings
-Trial & sentencing

Noncritical stages:
-Pre-charge lineups
-Photo-array identification
-Fingerprinting, handwriting & voice exemplars, blood samples
-Initial appearances, hearings to determine probable cause to detain defendant
-Discretionary appeals
-Post-conviction proceedings (eg, parole or probation hearing)

Question 24

burden of proof in criminal trial

Answer 24

Due process requires that the prosecution prove every element of a criminal offense beyond a reasonable doubt to convict a defendant. Therefore, the burden of proof may not be placed on a defendant to negate an element of the offense.

The burden of proof as to an affirmative defense—i.e., a justification or excuse for criminal conduct that does not negate an element of the offense—can be placed on a criminal defendant without violating due process.

Question 25

due process

Answer 25

Due process prohibits the imposition of a harsher sentence upon retrial of a defendant who successfully appealed a conviction when the harsher sentence is punishment for exercising the right to appeal.

Question 26

presumptions

Answer 26

A rebuttable presumption is a conclusion that can be overcome if the opposing party produces sufficient contrary evidence. However, if no contrary evidence is produced, the judge should instruct the jury that it must apply the presumption. Here, the state law under which the user brought the strict products liability claim recognizes a rebuttable presumption that an injured plaintiff would have heeded an adequate warning on an alleged defective product had one been given.

But the manufacturer has removed the user’s state case to federal court—ostensibly, by establishing that the federal court has diversity jurisdiction. In federal cases in which state law supplies the rule of decision for a claim or defense (i.e., in diversity cases), it also governs the effect of presumptions related to the claim or defense. This means that state-law presumptions are recognized in federal diversity actions

conclusive vs rebuttable presumptions

Question 27

forfeiture against wrongdoing hearsay exception

Answer 27

An unavailable declarant’s statement that is offered against a party who (1) wrongfully caused, or acquiesced in wrongfully causing, the declarant’s unavailability as a witness and (2) did so intending that result is excepted from the rule against hearsay.