...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 statement is most accurate? The appeal cl...
Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
...ndings. AlpineGear sells all clips to a German assembler, which sells completed bindings to an independent distributor in New York. AlpineGear has no office, employees, property, advertising, direct sales, customer list...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...ages, and pain and suffering. Delta Drones argues that diversity is incomplete because LiftPoint LLC has a State A member through Ridge Capital LP. Amara argues that LiftPoint should be treated like a corporation with ci...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
...d repeatedly stated that it preferred federal court. Two weeks before trial, the judge noticed the citizenship and amount allegations and ordered the parties to brief subject matter jurisdiction. Both parties ask the cou...
Citations: Fed. R. Civ. P. 12(h)(3), 28 U.S.C. 1447(c)
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
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
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
...rder doctrine, arguing that both rulings are important and will shape trial strategy. Which statement best describes the doctrine? The correct answer treats collateral-order review as a narrow exception, not an all-purpo...
Citations: 28 U.S.C. 1291, Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
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)
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)
In a federal products-liability trial, the jury returns a general verdict for the plaintiff but also answers written questions saying the product was not defective and the defect caused no injury. The parties dispute wha...
Citations: Fed. R. Civ. P. 49
In a first action, a court after trial decided that a traffic light was red. In a later action arising from the same collision, a party seeks to prevent relitigation of that fact. Which doctrine and requirements are most...
Citations: Restatement (Second) of Judgments principles
...udgment on April 1 after a jury verdict. The losing party wants a new trial and, alternatively, to alter or amend the judgment. Which statement best describes the Rule 59 deadline? The correct answer gives the key timing...
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 6(b)(2)
A plaintiff files 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 d...
Citations: 28 U.S.C. 1441(b)(2)
...ntiff won a federal jury verdict in a products-liability case. Before trial, the district court denied the defendant's Rule 12(b)(6) motion on a purely legal preemption issue. At trial, the defendant objected to one expe...
Citations: Fed. R. Civ. P. 46, Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
...atron sued a food distributor in federal court after becoming ill. At trial, the patron presented hospital records, testimony from two other customers who ate the same product, and expert testimony that the product likel...
Citations: Fed. R. Civ. P. 50, Fed. R. Civ. P. 59
After a bench trial, a federal judge issued an opinion saying the defendant wins and directing the clerk to close the case. The opinion was entered on the civil docket, but no separate judgment document was entered. The...
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(7)
In a federal bench trial, the plaintiff presents all evidence on an equitable claim. The defendant then asks the judge to enter judgment because the plaintiff failed to prove reliance. The plaintiff argues that the judge...
Citations: Fed. R. Civ. P. 52
In a federal jury trial, the defendant moved for judgment as a matter of law after the plaintiff rested, arguing only that causation was unsupported. The court denied the motion. After a plaintiff's verdict, the defendan...
Citations: Fed. R. Civ. P. 50, Fed. R. Civ. P. 59
In Suit 1, Homeowner sued Builder for water damage. After trial, the court entered judgment for Builder on two independent grounds: first, that Builder was not negligent; and second, that Homeowner's claim was barred by...
Citations: Restatement (Second) of Judgments principles, Parklane Hosiery Co. v. Shore
A former employee sued a pharmaceutical company in federal court for trade-secret misappropriation and retaliation. Early in the case, the district court entered a preliminary injunction barring the employee from disc...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292(a)(1), Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
...erpretation ruling, a factual finding made by the judge after a bench trial, and an evidentiary ruling excluding a late-disclosed exhibit. Which statement best describes the usual appellate standards of review? The corre...
Citations: Fed. R. Civ. P. 52(a), Fed. R. Civ. P. 61
...edure. This essay tests burdens, presumptions, comparative fault, and trial-management rules. Conflict-of-laws principles, Erie doctrine principles
Citations: Conflict-of-laws principles, Erie doctrine principles
...cause, and relief from any default judgment. This essay tests default procedure, which often turns on the difference between default, default j...
Citations: Fed. R. Civ. P. 55, Fed. R. Civ. P. 60(b)
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