Federal Civil Procedure
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In a diversity case, a valid Federal Rule of Civil Procedure directly answers how a pleading must be served. A state...
In a diversity case, a valid Federal Rule of Civil Procedure directly answers how a pleading must be served. A state statute would require a different method of service for the same pleading. Which rule should the federa...
Citations: Hanna v. Plumer, Rules Enabling Act principles
A federal district court entered final judgment for the defendant in an ordinary civil case between private parties....
A federal district court entered final judgment for the defendant in an ordinary civil case between private parties. The plaintiff wants to appeal as of right. Which statement best describes the ordinary notice-of-appeal...
Citations: Fed. R. App. P. 3, Fed. R. App. P. 4(a)(1)
After a federal civil trial, the losing party moves for a new trial based on an evidentiary ruling. The record shows...
After a federal civil trial, the losing party moves for a new trial based on an evidentiary ruling. The record shows that the excluded evidence was cumulative of three admitted exhibits and two witnesses' testimony. Whic...
Citations: Fed. R. Civ. P. 61
After final judgment in a federal civil case, the losing party timely filed a Rule 59 motion for a new trial. Before...
After final judgment in a federal civil case, the losing party timely filed a Rule 59 motion for a new trial. Before the district court ruled on that motion, the losing party also filed a notice of appeal. Which statemen...
Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
A federal civil action has three defendants, all residents of State A. One defendant resides in the Northern District...
A federal civil action has three defendants, all residents of State A. One defendant resides in the Northern District of State A. Which statement best describes venue in that district? The correct answer states one of th...
Citations: 28 U.S.C. 1391(b)(1)
After final judgment in a federal civil case, the appellant challenges a statutory interpretation ruling, a factual f...
After final judgment in a federal civil case, the appellant challenges a statutory interpretation ruling, a factual finding made by the judge after a bench trial, and an evidentiary ruling excluding a late-disclosed exhi...
Citations: Fed. R. Civ. P. 52(a), Fed. R. Civ. P. 61
At the end of a federal civil trial, the judge declined to give the defendant's requested jury instruction. The defen...
At the end of a federal civil trial, the judge declined to give the defendant's requested jury instruction. The defendant did not object on the record after the instructions were settled. The jury returned a verdict for...
Citations: Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
During a federal civil case, the district court ordered a party to produce documents over a privilege objection and a...
During a federal civil case, the district court ordered a party to produce documents over a privilege objection and also denied the party's motion for summary judgment. The party seeks immediate appeal under the collater...
Citations: 28 U.S.C. 1291, Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
In a federal civil jury trial, the court seats 8 jurors. During deliberations, one juror becomes ill. The parties hav...
In a federal civil jury trial, the court seats 8 jurors. During deliberations, one juror becomes ill. The parties have not stipulated to a nonunanimous verdict. The remaining 7 jurors unanimously agree on a verdict. Whic...
Citations: Fed. R. Civ. P. 48
Leah sued City Bus Co. and driver Owen in federal court. Count 1 asserts a federal civil-rights claim against City Bu...
Leah sued City Bus Co. and driver Owen in federal court. Count 1 asserts a federal civil-rights claim against City Bus based on a bus-stop arrest. Count 2 asserts a state-law battery claim against Owen based on the same...
Citations: 28 U.S.C. 1367, United Mine Workers v. Gibbs
A defendant wants to remove a removable state-court case to federal court. Where is removal generally filed?
A defendant wants to remove a removable state-court case to federal court. Where is removal generally filed? The correct answer states the basic removal destination rule. 28 U.S.C. 1441(a)
Citations: 28 U.S.C. 1441(a)
A plaintiff is deciding where a corporation resides for federal venue purposes. Which statement is most accurate?
A plaintiff is deciding where a corporation resides for federal venue purposes. Which statement is most accurate? The correct answer states how corporate residence is determined for venue. 28 U.S.C. 1391(c)
Citations: 28 U.S.C. 1391(c)
A buyer sued one co-owner of a commercial lot in federal court for specific performance of a sale contract. A second...
A buyer sued one co-owner of a commercial lot in federal court for specific performance of a sale contract. A second co-owner, who did not sign the contract, claims an ownership interest that could be impaired if the cou...
Citations: Fed. R. Civ. P. 19
A commercial contract contains a valid clause requiring suit in the federal District of State M. The plaintiff files...
A commercial contract contains a valid clause requiring suit in the federal District of State M. The plaintiff files in the federal District of State N, where venue is otherwise proper under Section 1391. How is the clau...
Citations: Atlantic Marine Construction Co. v. U.S. District Court, 28 U.S.C. 1404(a)
A corporation incorporated and headquartered in State X was sued in federal court in State Y by a State Y plaintiff....
A corporation incorporated and headquartered in State X was sued in federal court in State Y by a State Y plaintiff. The complaint alleged state-law negligence and sought $60,000 in damages. Before answering, the corpora...
Citations: Fed. R. Civ. P. 12(b), Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
A federal case has two plaintiffs, three defendants, and six claims. The district court dismisses all claims against...
A federal case has two plaintiffs, three defendants, and six claims. The district court dismisses all claims against one defendant but leaves the rest of the case pending. The dismissed defendant wants immediate appellat...
Citations: Fed. R. Civ. P. 54(b), 28 U.S.C. 1291
A federal case is in court solely on diversity jurisdiction. The plaintiff wants to assert a related state-law claim...
A federal case is in court solely on diversity jurisdiction. The plaintiff wants to assert a related state-law claim against a nondiverse party joined under Rule 14. Which supplemental jurisdiction rule is most relevant?...
Citations: 28 U.S.C. 1367(b)
A federal court discovers shortly before trial that the case has no federal question, no diversity jurisdiction, and...
A federal court discovers shortly before trial that the case has no federal question, no diversity jurisdiction, and no other statutory basis for federal subject matter jurisdiction. Both parties want to stay in federal...
Citations: Fed. R. Civ. P. 12(h)(3)
A federal court dismisses a state-law negligence claim solely because diversity jurisdiction is missing. What is the...
A federal court dismisses a state-law negligence claim solely because diversity jurisdiction is missing. What is the likely claim-preclusion effect on refiling the negligence claim in a state court with jurisdiction? The...
Citations: Fed. R. Civ. P. 41(b), Semtek International Inc. v. Lockheed Martin Corp.
A publisher sued an author in federal court for breach of a manuscript-delivery contract. The complaint alleged that...
A publisher sued an author in federal court for breach of a manuscript-delivery contract. The complaint alleged that the author signed the contract, received a $75,000 advance, promised to deliver a manuscript by May 1...
Citations: Fed. R. Civ. P. 8(b), Fed. R. Civ. P. 8(c), Fed. R. Civ. P. 12(f), Fed. R. Civ. P. 15
A warehouse worker sued a chemical manufacturer in federal court, alleging that fumes from a cleaning solvent caused...
A warehouse worker sued a chemical manufacturer in federal court, alleging that fumes from a cleaning solvent caused permanent lung injury. After a full discovery period, the manufacturer moved for summary judgment. The...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e), Celotex Corp. v. Catrett
After a bench trial in federal court, the judge announced from the bench on May 1 that judgment would be entered for...
After a bench trial in federal court, the judge announced from the bench on May 1 that judgment would be entered for the defendant. The clerk entered a docket entry on May 2 stating, "Court finds for defendant; case clos...
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(1), Fed. R. App. P. 4(a)(2), Fed. R. App. P. 4(a)(4), Fed. R. App. P. 4(a)(7)
During a federal deposition, plaintiff's counsel asked the defendant's employee about a nonprivileged meeting with a...
During a federal deposition, plaintiff's counsel asked the defendant's employee about a nonprivileged meeting with a supervisor. Defense counsel objected that the question was irrelevant and instructed the witness not to...
Citations: Fed. R. Civ. P. 30(c), Fed. R. Civ. P. 30(d), Fed. R. Civ. P. 37