Black Letter Law

Question 1

With regard to the exercise of personal jurisdiction over a defendant in a civil case in a state, absent consent or waiver, the United States Constitution require that the defendant have ____.

Answer 1

sufficient minimum contacts with the state and be provided with notice of the action

Question 2

During discovery, when a party learns that the information it disclosed was materially incomplete or incorrect, that party is required to supplement:

Answer 2

(a) disclosures
(b) prior responses to interrogatories
(c) responses to requests for production
(d) responses to requests for admissions
(e) experts’ reports
(f) depositions of experts

Question 3

During discovery, when a party learns that the information disclosed was materially incomplete or incorrect, the party is not required to supplement:

Answer 3

Depositions of nonexpert witnesses.

Question 4

Generally speaking, how soon must a defendant file a notice of removal after receipt by or service on that defendant of the initial pleading or summons?

Answer 4

30 days

Question 5

Where venue is proper in the district where a suit is originally brought, transfer to another district is permitted to another district where ____.

Answer 5

the action might have been brought, or a district to which all parties have consented

Question 5

In every kind of class action suit, notice of ____ required.

Answer 5

dismissal or compromise is

Question 6

Under the Full Faith and Credit Clause of the Constitution and federal statutes, a state court generally must recognize the judgments of a ____ and federal courts generally must recognize judgments of ____.

Answer 6

sister state; state courts

Question 7

Under the Federal Rules Of Appellate Procedure, the usual period to appeal a judgment is suspended if: (1) there is a timely renewed motion for judgment as a matter of law, or (2) there is a motion for new trial, or (3) a motion to set aside or amend the judgment is made within 28 days of judgment.

Under what circumstances can a party appeal if such motions have been made during the appeal period?

Answer 7

A party can appeal within 30 days from the entry of an order based on such motions.

Question 8

A federal court will determine whether it has ____ before it considers ____.

Answer 8

subject matter jurisdiction; the merits of the case

Question 9

In ____ cases in federal court, an action is always deemed commenced for statute of limitation purposes when the plaintiff files her complaint with the court.

Answer 9

federal question

Question 10

In ____ cases, the commencement of the action is determined by state law, and state law varies on the subject.

Answer 10

diversity

Question 11

Under the Interlocutory Appeals Act, is a trial judge’s determination that an order meets the standard for appeal under the Act sufficient to require the appeals court to review the order?

Answer 11

No, at least two appellate judges must also agree to hear the appeal.

Question 12

Review under the Interlocutory Appeals Act is discretionary with the court and may be available when:

Answer 12

(i) trial judge certifies that the order involves a controlling question of law as to which there is substantial ground for a difference of opinion and an appeal would materially advance the conclusion of the case

(ii) at least two appellate court judges agree to hear the appeal

Question 13

A case may not be removed on the basis of diversity of citizenship jurisdiction more than ____ after it was commenced in state court.

Answer 13

one year

Question 14

A matter that is nonprivileged and relevant to any party’s claim or defense may be discovered if it is ____.

Answer 14

proportional to the needs of the case only

Question 15

Under Federal Rule 4, a federal court generally decides whether it has personal jurisdiction over ____.

Answer 15

a particular defendant as if it were a state court in which it is situated

Question 16

If a plaintiff induces a defendant by fraud to enter a state for the purpose of service of process, that service of process is:

Answer 16

invalid

Question 17

Venue ____ unless ____.

Answer 17

is considered to be waived; a timely objection is made

Question 18

The “amount in controversy” requirement for purposes of diversity jurisdiction is not satisfied unless the complaint contains:

Answer 18

A good faith claim that the amount exceeds $75,000, exclusive of interest and costs of the lawsuit.

Question 19

How must a party object to improper venue?

Answer 19

by timely objection in a pre-pleading motion or answer

Question 20

When federal trial courts consider a motion for a new trial based on the excessiveness of the verdict, they must apply:

Answer 20

a state law standard

Question 21

Federal jurisdiction based on diversity of citizenship is defined in terms of “complete diversity,” which means:

Answer 21

No plaintiff may be a citizen of the same state as any defendant.

Question 22

If a case involving multiple defendants is removed to federal court on the basis of a federal question being present, and some of the defendants have only state law claims that cannot invoke diversity or supplemental jurisdiction:

Answer 22

Only those defendants against whom a federal claim is asserted are required to join in the removal.

Question 23

Can a defendant raise a counterclaim in her answer even if her counterclaim is unrelated to the claims in the plaintiff’s complaint?

Answer 23

Yes, it is a permissive counterclaim and may be raised in her answer.

Question 24

As a general rule, a judgment from a federal district court can be enforced:

Answer 24

thirty days after it is entered

Question 25

Party A properly makes pretrial disclosures, including a list of documents she expects to offer into evidence. If Party B wants to object to one of the documents in the list, she must do so within ____ days following Party A's pretrial disclosures, or her right to object is ____.

Answer 25

14; deemed waived (except for objections that the evidence is irrelevant, prejudicial, or confusing)

Question 26

There are two types of quasi in rem jurisdiction. The first type involves disputes between parties over their rights in ____.

Answer 26

property within the state

Question 27

There are two types of quasi in rem jurisdiction. The second type involves disputes unrelated to the ____ and has been severely limited by the Supreme Court, which held that quasi in rem jurisdiction is proper only when ____.

Answer 27

in-state property; minimum contacts exist making exercise of jurisdiction fair and just

Question 28

In quasi in rem cases, the plaintiff is unable to obtain ____ over the defendant, but the defendant has ____.

Answer 28

personal jurisdiction; property in the state that the plaintiff attaches

Question 29

The general rule under the permissive joinder rule is that parties may join an action as plaintiffs or be joined as defendants whenever some claim is made by each plaintiff and against each defendant ____, and there is a ____. Both conditions must be met for a permissive joinder.

Answer 29

relating to or arising out of the same series of occurrences or transactions; question of fact or law common to all the parties

Question 30

A new trial may be granted when the verdict is:

Answer 30

(a) excessive (b) inadequate (c) against the weight of the evidence (d) error during the trial (usually going to the admissibility of evidence or the propriety of the instructions) (e) jury misconduct

Question 31

If a final judgment is collaterally attacked for lack of subject matter jurisdiction, what are the factors a court consider in determining whether to recognize the judgment as valid?

Answer 31

(a) lack of jurisdiction is clear (b) the rendering court is a court of limited jurisdiction (c) the question of subject matter jurisdiction was litigated (d) jurisdiction depends on a question of law, not fact (e) strong policy exists against the court acting beyond its jurisdiction

Question 32

An answer that does not contain specific denials or admissions of each averment in the complaint must then contain ____ to be valid.

Answer 32

a general denial with specific admissions to certain averments

Question 33

Rule 11 sanctions may consist of ____ and may be imposed on ____.

Answer 33

monetary penalties or nonmonetary directives; parties, attorneys, or law firms

Question 34

When can a defendant raise the defense of lack of subject matter jurisdiction for the first time?

Answer 34

At any time, including on appeal.

Question 35

In federal courts, state law is ____ when determining the sufficiency of the evidence to create a jury issue.

Answer 35

not considered

Question 36

A nonparty to an earlier action may use issue preclusion in a subsequent case whenever:

Answer 36

(a) issues are identical (b) party against whom collateral estoppel will be asserted had a fair opportunity to be heard on the issue (c) it would not be unfair to bind the party on the issue (d) there was a final judgment on the merits

Question 37

Under the Erie doctrine, a federal court exercising diversity jurisdiction applies ____ substantive law and ____ procedural law.

Answer 37

state; federal

Question 38

____ may move for the correction of a clerical error ____ after a judgment was entered.

Answer 38

any party or the court itself; at any time

Question 39

Once a case is removed to federal court, can a plaintiff file a motion to have the case remanded back to state court?

Answer 39

yes

Question 40

In order to support a motion for summary judgment, affidavits or declarations submitted must:

Answer 40

(a) be made on personal knowledge (b) set forth facts that would be admissible in evidence (c) show the affiant is competent to testify

Question 41

What is a compulsory counterclaim?

Answer 41

A counterclaim that arises out of the same transaction or occurrence as one of the plaintiff’s claims.

Question 42

An objection to ____ can be waived.

Answer 42

improper venue

Question 43

Venue is considered to be waived unless ____.

Answer 43

timely objection (in a pre-pleading motion or, where no such motion is made, in the answer) is made to the improper venue

Question 44

When a plaintiff has both federal and state-based claims against a defendant and diversity jurisdiction does not exist for the state law claim, the federal court has ____ to exercise pendent jurisdiction over the state law claim if two claims derive from ____.

Answer 44

discretion; a common nucleus of operative fact and are such that a plaintiff would ordinarily be expected to try them all in one judicial proceeding

Question 45

For a defendant to have such minimum contacts with the forum that the exercise of personal jurisdiction over him would be fair and reasonable, the court must find that he ____ and it was foreseeable that ____.

Answer 45

purposefully availed himself of that forum; his activities would make him amenable to suit in the forum

Question 46

Under Rules 3 and 4 of the Federal Rules Of Appellate Procedure, in an action where the United States is a party, a notice of appeal must be filed with the district court within ____ days from the entry of judgment.

Answer 46

60

Question 47

When a party claims that certain discoverable information is privileged or is trial preparation material, the party so claiming must disclose ____, so that the opposing party can assess the privilege claim.

Answer 47

the existence of the material in sufficient detail to the opposing party

Question 48

Under the federal rules, the time period for filing ____ may never be extended.

Answer 48

(a) a renewed motion for judgment as a matter of law (b) a motion for a new trial

Question 49

The ____ exercise the right of removal.

Answer 49

defendant may (only the defendant may)

Question 50

Notice of the pendency of a class action to all members of the class is required only in ____.

Answer 50

"common question” class actions

Question 51

What does due process require a plaintiff to do for constitutionally valid notice of a pending lawsuit?

Answer 51

Provide notice reasonably calculated to apprise the party of the action and afford her an opportunity to appear and be heard.

Question 52

If one plaintiff properly invokes diversity jurisdiction in federal court, what is required for another plaintiff to invoke supplemental jurisdiction to have his claim heard in federal court?

Answer 52

That the claim arise from the same nucleus of operative fact as the claim properly invoking diversity jurisdiction, and that complete diversity not be destroyed.

Question 53

If it is determined that an absentee’s interest in the subject matter of the litigation would be affected by a judicial determination of a case, but the court does not have personal jurisdiction over him, ____.

Answer 53

the case may proceed if the court determines that it can shape relief to protect that interest

Question 54

If a jury simply finds for the plaintiff "for actual damages suffered," the verdict may be set aside and either the jury will be asked to ____.

Answer 54

reconsider the verdict or a new trial will be ordered

Question 55

Without a court order or stipulation, a party may serve a maximum of ____ interrogatories (including all subparts).

Answer 55

25

Question 56

With respect to the pleadings, ____ may move to have stricken ____.

Answer 56

a party or the court; any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter

Question 57

Under the Class Action Fairness Act, ____ may have a class action removed from state court to federal court

Answer 57

any defendant, even if she is a citizen of the forum state

Question 58

In general, pleadings should consist of short and plain statements; however, circumstances that establish ____ must be alleged with particularity.

Answer 58

fraud or mistake

Question 59

Under Federal Rule 68, which party or parties may make a formal offer to have judgment entered, thus settling the case out of court?

Answer 59

defending parties only

Question 60

Generally, disclosures regarding expert witnesses must be made ____ days before trial.

Answer 60

90

Question 61

For claim preclusion to apply regarding the parties, it is sufficient that the earlier case and the later case are brought by ____ against ____.

Answer 61

the same claimant; the same defendant

Question 62

When the jurisdiction of the federal court is based solely on diversity, the action is ____ if one of the defendants is a citizen of the state in which the state action was brought.

Answer 62

not removable

Question 63

A party serving process may follow the service of process rules for the state in which the federal court sits or the state where service of process is to be effected in ____

Answer 63

all federal actions

Question 64

Is a federal district court required to honor the judgment of another federal district court?

Answer 64

Yes, under The Full Faith and Credit Clause of the Constitution, as implemented by federal statute.

Question 65

Federal question jurisdiction arises merely from the fact that a corporate party was incorporated by Congress if the United States owns ____ the corporation’s capital stock.

Answer 65

more than one-half of

Question 66

If there are no common questions of fact or law among members of a class that predominate over individual issues, a class action may still be available so long as ____.

Answer 66

(1) separate actions by class members would create a risk of inconsistent results or would impair the interests of other absent members of the class OR (2) a defendant has acted or refused to act on grounds applicable to the class and injunctive or declaratory relief is appropriate for the class as a whole

Question 67

In most states, in personam jurisdiction is based on:

Answer 67

(a) in-state physical presence at the time of service of process (b) domicile within the state (c) consent to jurisdiction (d) commission of an act falling under the state’s long arm statute

Question 68

In a properly removed case, venue is ____ in the federal court of the state where the case was pending, ____ had the plaintiff originally filed the action in the federal district court of that state

Answer 68

proper; even if venue would have been improper

Question 69

When subject matter jurisdiction is based on diversity of citizenship, the action is always deemed commenced for statute of limitations purposes when:

Answer 69

Either the complaint is filed or process is served on the opposing party, depending on the law of the state in which the federal court sits.

Question 70

____ is a court order directing that money or property in the hands of a third party be seized.

Answer 70

garnishment

Question 71

When an applicant wants to intervene in an action because she has an interest in the property or transaction that is the subject matter of the action, and the disposition of the action may impair her ability to protect that interest, such an intervention is called:

Answer 71

an intervention of right

Question 72

Except in default cases, a court may grant ____.

Answer 72

any relief that is appropriate based on the evidence

Question 73

A report prepared and signed by ____, stating the expert witness’s qualifications, opinions, and the basis for those opinions, must be disclosed at least ____ days before trial.

Answer 73

the expert witness; 90

Question 74

____ be conferred by agreement, and ____ be conferred by agreement.

Answer 74

venue can; subject matter jurisdiction cannot

Question 75

A plaintiff may dismiss her case as of right by filing a notice of dismissal if ____.

Answer 75

the defendant has not filed an answer or a motion for summary judgment

Question 76

Under Federal Rule 26, before making the required initial disclosures, a party must ____.

Answer 76

make a reasonable inquiry into the facts of the case

Question 77

The supplemental jurisdiction statute provides that the court may refuse supplemental jurisdiction and dismiss the state claim when the state claims are:

Answer 77

(a) complex or novel (b) predominate substantially over federal claims (c) when all federal law claims have been dismissed (especially when those claims are dismissed early in the case)

Question 78

A deposition may be ____.

Answer 78

(a) recorded by sound (b) sound and visual combined (c) stenographic means only

Question 79

Remittitur is when the plaintiff is given the choice of (a) ____ or (b) ____.

Answer 79

(a) accepting an award that is less than what the jury gave him (b) submitting to a new trial

Question 80

When a party is allowed to raise claims that are so related to the original claim they form part of the same case or controversy, essentially meaning that they arise from the same transaction or occurrence as the original claim, the type of jurisdiction invoked is called:

Answer 80

supplemental jurisdiction

Question 81

If the defendant does not answer or otherwise defend, the court clerk may ____.

Answer 81

enter a default on the record

Question 82

The default may be entered by the clerk even if the amount of damages is ____.

Answer 82

yet to be determined

Question 83

No notice to the defendant is required for ____.

Answer 83

entry of default

Question 84

The moving party may renew its request for JMOL by filing a motion ____ after the entry of judgment, and may alternatively request ____.

Answer 84

no later than 28 days; a new trial or join a motion for a new trial

Question 85

Dismissals by notice are normally without prejudice, unless the plaintiff has previously dismissed any ____ action on the same claim. This is known as ____.

Answer 85

federal or state; the two dismissal rule

Question 86

When a defendant brings a nonparty into an action because she believes that the nonparty is or may be liable to her for any part of a judgment that the plaintiff may recover, it is called:

Answer 86

impleader

Question 87

____ permits a person in the position of a stakeholder to require two or more claimants to litigate among themselves to determine which, if any, has the valid claim where separate actions might result in double liability on a single obligation.

Answer 87

interpleader

Question 88

Interrogatories may be served only on ____.

Answer 88

another party

Question 89

A compulsory counterclaim must be pleaded, or it will be ____.

Answer 89

barred

Question 90

For purposes of diversity jurisdiction, a corporation is a citizen of ____.

Answer 90

every state in which it is incorporated and the one state in which it has its principal place of business

Question 91

States have limited power to assert in personam jurisdiction over ____.

Answer 91

defendants who are in the state as parties or witnesses in another judicial proceeding

Question 92

Civil defendant is given a “free pass” into the state while she is ____.

Answer 92

testifying in a different proceeding

Question 93

Under Federal Rule 38, a party who desires a jury trial (on some or all fact issues) must file a written demand with the court and serve it on the parties. Failure to make such a demand within ____ after the service of the last pleading directed to the jury-triable issue constitutes a waiver by that party of any right to trial by jury.

Answer 93

14 days

Question 94

Federal venue is proper in ____.

Answer 94

Federal venue is proper in (i) the district in which any defendant resides if all defendants reside in the same state; and (ii) the district in which a substantial part of the events or omissions giving rise to the claim occurred.

Question 95

An intervention is considered timely if:

Answer 95

the court determines, in its discretion, that the intervention is timely

Question 96

The ____ is reserved to the states.

Answer 96

general police power (power to legislate for the health, safety, and welfare of the people)

Question 97

When may a party move to strike parts of a pleading?

Answer 97

before responding to a pleading (or within 21 days after service of a pleading if no responsive pleading is permitted)

Question 98

As part of the discovery process, a party may not take more than ____ depositions without leave of court or stipulation of the parties.

Answer 98

10