Amara sued Delta Drones, Inc. and LiftPoint LLC in federal district court, invoking diversity jurisdiction. Amara has lived in State A for six years, owns a home there, votes there, and intends to remain there. Delta Dro...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
...roughout the United States, but it receives no state-by-state reports and does not design clips for any particular U.S. state. A skier in State L is injured when a binding containing an AlpineGear clip fails. The skier s...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...izen of State A. The brother signed no contract, has refused to sell, and has filed a state-court action seeking a declaration that any sale without his consent would violate his ownership rights. The plaintiff argues th...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
...es a state-law negligence action in State A court. Complete diversity and the amount in controversy are present, but one properly joined and served defendant is a citizen of State A. Which statement best describes remova...
Citations: 28 U.S.C. 1441(b)(2)
...ral court for equitable rescission of a long-term purchasing contract and, alternatively, restitution. The parties waived a jury, and the case proceeded to a bench trial. After the supplier finished presenting evidence...
Citations: Fed. R. Civ. P. 52, Fed. R. Civ. P. 58
...argues that the judge must wait until the defendant presents evidence and may not decide credibility yet. Which statement is most accurate? Rule 52 supplies the nonjury-trial framework for findings, partial judgment, and...
Citations: Fed. R. Civ. P. 52
...rectors approved a conflicted transaction after incomplete disclosure and shareholders challenged the injury classification. A party invokes an equitable or discretionary remedy after contributing to the problem. What is...
Citations: MBCA and LLC principles, Business judgment rule, Derivative action doctrine
...small importer in federal court for $480,000 due on a line of credit and also sought foreclosure of pledged inventory. The importer was served through its registered agent. Its president emailed the bank's lawyer saying...
Citations: Fed. R. Civ. P. 55, Fed. R. Civ. P. 60(b)
...federal complaint seeking $80,000 in unpaid invoices, an injunction, and attorney's fees. The defendant missed the answer deadline. The plaintiff asks the clerk to enter default and then enter default judgment granting...
Citations: Fed. R. Civ. P. 55
A federal jury found for a defendant in a patent-licensing dispute, and judgment was entered on March 1. On March 20, the plaintiff moved for a new trial, arguing that the court wrongly excluded a licensing email and tha...
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 60, Fed. R. Civ. P. 61
...laintiff invokes diversity jurisdiction in a case with two plaintiffs and three defendants. Which statement best describes complete diversity? The correct answer states the complete-diversity requirement. 28 U.S.C. 1332...
Citations: 28 U.S.C. 1332, Strawbridge v. Curtiss
...group sought records from a federal agency under a disclosure statute and lost after the court ruled that the records were exempt. Nia, a journalist who sometimes volunteers with the group, did not fund the litigation, c...
Citations: Taylor v. Sturgell
...in federal district court for breach of a state-law contract. Sierra and Atlas are both citizens of State Q, and the complaint alleges $40,000 in damages. No federal statute is involved. Atlas answered, litigated for 14...
Citations: Fed. R. Civ. P. 12(h)(3), 28 U.S.C. 1447(c)
...? Correct. A pleading must state a plausible claim, give fair notice, and satisfy any heightened pleading requirement for special matters. Separate factual allegations from legal conclusions and test whether the pleaded...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
...rt for breach of a license agreement, seeking $900,000 in unpaid fees and an injunction barring further use of the software. The retailer counterclaimed for rescission based on alleged fraud and also sought damages for l...
Citations: Fed. R. Civ. P. 38, Fed. R. Civ. P. 39, Beacon Theatres, Inc. v. Westover, Dairy Queen, Inc. v. Wood
...alysis? Correct. Venue is proper in a district authorized by statute, and transfer or dismissal depends on whether venue is proper, convenience, justice, and forum-selection rules. Distinguish statutory venue from person...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...rongest arguments for each side, state the controlling rule for venue and transfer, apply it to the material facts, and explain the likely remedy or consequence. This essay tests venue and transfer in the syllabus path C...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...aintiff concealed key documents during discovery. The defendant seeks relief from the judgment. Which statement best describes Rule 60(b)? Rule 60(b) provides limited final-judgment relief for specified reasons, not an o...
Citations: Fed. R. Civ. P. 60(b), Fed. R. Civ. P. 60(c)
...est arguments for each side, state the controlling rule for pleadings and Rule 12 motions, apply it to the material facts, and explain the likely remedy or consequence. This essay tests pleadings and Rule 12 motions in t...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
...res the two-step Rule 19 structure: required if feasible, then equity-and-good-conscience analysis if not feasible. Fed. R. Civ. P. 19
Citations: Fed. R. Civ. P. 19
...or summary judgment six weeks after answering, before any depositions and before producing service logs. The company submitted an affidavit from its operations director saying the alarm system was working when installed...
Citations: Fed. R. Civ. P. 56(d), Fed. R. Civ. P. 56(a)
...efense counsel repeatedly made lengthy objections suggesting answers, and instructed the engineer not to answer questions about nonprivileged meetings because counsel thought the questions were irrelevant and harassing...
Citations: Fed. R. Civ. P. 30, Fed. R. Civ. P. 33, Fed. R. Civ. P. 37
...defendant has identified two employees likely to support its defenses and has a spreadsheet calculating its claimed offset, but it says its investigation is incomplete and that it will disclose information only after the...
Citations: Fed. R. Civ. P. 26(a)(1), Fed. R. Civ. P. 26(e), Fed. R. Civ. P. 26(f)
...om a warehouse accident. She seeks $250,000. LoaderCo is incorporated and headquartered in State C. Manager Ben is a citizen of State B. Paige asserts only state-law negligence claims. LoaderCo was served on May 1. Ben w...
Citations: 28 U.S.C. 1441, 28 U.S.C. 1446, 28 U.S.C. 1447
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