Practice Set 1

Question 1

When is removal solely based on diversity jurisdiction not permitted?

Answer 1

When any defendant is a citizen of the state where the original action was filed

Question 2

When must a defendant assert an affirmative defense?

Answer 2

The answer must state any avoidance or affirmative defense that the defendant (or responding party) has, or that defense is deemed waived

Question 3

When must a defendant amend an answer to include personal jurisdiction defense?

Answer 3

Within 21 days of filing the answer

Question 4

What are permissible methods of service on individuals in the US?

Answer 4

1. Personally serving the summons / complaint on the defendant;
2. Leaving the summons / complaint at the D’s usual place of abode w/ someone suitable age + discretion who lives there; OR
3. Delivering the summons / complaint to an agent appointed by D / authorized by law to receive service.

Question 5

Where is venue proper?

Answer 5

1. Where substantial events in complaint occurred

2. District where any D resides IF all D’s are in same state

Question 6

When can supplemental jurisdiction be exercised with regards to plaintiffs?

Answer 6

1. Claims arise out of common nucleus of operative fact
2. There is complete diversity
   No need for $75,000 requirement

Question 7

What must a court do when deciding whether to grant a Judgement as Matter Of Law?

Answer 7

1. It must (a) view the evidence in the light most favorable to the opposing party AND (b) draw all reasonable inferences from the evidence in favor of the opposing party
2. It cannot (a) consider the credibility of witnesses, OR (b) evaluate the weight of the evidence, AND (c) must disregard all evidence favorable to the moving party that jury not required to believe