Practice Set 3

Question 1

Under Rule 15(a)(1)(A), how long does a party have to amend its pleading?

Answer 1

21 days after serving pleading

Question 2

When can a party make a judgment as a matter of law?

Answer 2

1. After opposing party has been heard on the issue AND

2. Before the submission of the case to the jury

Question 3

What happens when a plaintiff fails to prosecute a case and defendant is granted motion to dismiss?

Answer 3

The dismissal is with prejudice and operates as an adjudication on the merits

Question 4

How many peremptory challenges do civil litigants get?

Answer 4

Three

Question 5

When must a plaintiff respond to a defendant’s answer under Rule 7(a)(7)?

Answer 5

Only when the plaintiff is ordered to do so by the court

If a response is not required, then plaintiff is deemed to deny all allegations in the defendant’s answer

Question 6

When is a motion to dismiss not considered a final judgment?

Answer 6

1. There are multiple claims AND
2. Motion to dismiss only ends some but not all of the parties’ claims - subject to revision anytime before final judgment

Question 7

According to federal law, which state’s laws are appropriate for proper service?

Answer 7

1. The forum state AND

2. State where service was made

Question 8

When is certification decision of a class immediately appealable?

Answer 8

At the discretion of the appellate court

Question 9

Which interlocutory orders immediately appealable as a matter of right?

Answer 9

1. Order granting, modifying, refusing, dissolving an injunction
2. An order appointing / refusing to appoint a receiver
3. A decree determining rights / liabilities in admiralty

Question 10

How does a party consent to personal jurisdiction?

Answer 10

1. Express including by contract
2. Implied - eg: (a) counterclaim, (b) driving through state
3. Voluntary apperance to defend on merits

Question 11

What are steps to the Erie Doctrine?

Answer 11

1. Conflict of fed / state law
2. (a) Valid fed rule on point, (b) state interest, (c) overcrowding
3. (a) Rule / statute, (b) different outcomes
4. (a) abridge / enlarge right, (b) countervailing fed interest
5. Abridging modification incidental

Question 12

When is joinder of defendants permitted under Rule 20?

Answer 12

1. Question of law + fact common to all defendants, AND

2. Right to relief based on same transaction, occurrence or series of transactions / occurrences

Question 13

When is joinder of defendants required under Rule 19?

Answer 13

1. No deprivation of subject matter jurisdiction
2. W/O party, court can’t complete relief, OR
3. Either (a) deprivate absent party of ability to protect interest OR (b) existing parties incur multiple / inconsistent obligations

Question 14

When can a selected juror be excused?

Answer 14

For good cause such as illness, family emergency, or misconduct

Question 15

When can a jury be composed of fewer than six jurors?

Answer 15

When the parties stipulate to it

Question 16

When can an amendment to a pleading under Rule 15 relate back to the date of the original pleading?

Answer 16

1. Changes name of defendant
2. Asserts essentially same claim / defense
3. Party knew / should know potential action
4. Party received notice w/in 90d after filing original complaint

Question 17

How does a party waive lack of personal jurisdiction defense under Rule 12(h)(1)(B)?

Answer 17

Failing to include it in a (1) pre-answer motion, (2) responsive pleading, or (3) in an amendment