Quiz 1 Rules

Question 1

Rule 3

Answer 1

Action commences in federal court with the filing of the complaint. In Minnesota state court, the action commences upon service, not filing.

Question 2

Rule 4

Answer 2

Summons

Question 3

Rule 4(m)

Answer 3

Service of a summons and the complaint should be made within 90 days of the filing of the complaint

Question 4

Rule 4(c)

Answer 4

Service may be made by anyone not a party who is at least 18 years old

Question 5

Rule 4(e)

Answer 5

Service upon an individual may be made by following state law OR by delivering the summons and complaint to the individual personally OR by leaving the summons and complaint at the person’s home with someone there OR by delivering the summons and complaint to an agent authorized to receive service by appointment or by law

Question 6

Rule 4(h)

Answer 6

Service upon a corporation may be made by following state law for service of process or by delivering the summons and complaint to an agent authorized to receive service by appointment or by law

Question 7

Rule 4(d)

Answer 7

Service may be waived upon compliance with a specific waiver procedure

Question 8

Rule 4(k)(1)

Answer 8

Service of a summons or filing a waiver is effective to establish personal jurisdiction over an absent defendant in three circumstances: A) General jurisdiction in forum state, B) The defendant is joined under Rule 14 or Rule 19 and is served within 100 miles from where the summons was issued, and C) A U.S. statute so authorizes

Question 9

Minn. Stat. 543.19

Answer 9

Minnesota long-arm statute. Enables the service of process and personal jurisdiction over a “nonresident” defendant when 1) owns, uses, or possesses property in MN; 2) does business in Minnesota; 3) commits in MN an injury-causing act; 4) commits outside of MN an act that causes injury in MN.

Question 10

28 USC 1391(b)

Answer 10

Venue lies in a district where: 1) any defendant resides if all defendants reside in the same state; 2) a substantial part of the events or part of subject property is situated; or 3)
any defendant is subject to PJ if there is no other district available

Question 11

28 USC 1391(d)

Answer 11

A corporate defendant resides in any district in which it is subject to personal jurisdiction at the time the action is commenced.

Question 12

28 USC 1404 and 1406

Answer 12

For transfer of venue

Question 13

28 USC 1331

Answer 13

Federal courts have “original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”

Question 14

28 USC 1332

Answer 14

Federal courts have “original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between [citizens of different States].” “A corporation shall be deemed a citizen of every State . . . by which it has been incorporated and of the State . . . where it has its principal place of business.”

Question 15

28 USC 1367(a)

Answer 15

“in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution.”

Question 16

28 USC 1367(b)

Answer 16

If the basis for original jurisdiction is diversity, then the district courts do NOT have supplemental jurisdiction over any of the following kinds of claims: 1) Claims by plaintiffs against persons made parties under Rules 14, 19, 20 or 24; 2) Claims by persons proposed to be joined as plaintiffs under Rule 19; or 3) Claims by persons seeking to intervene as plaintiffs under Rule 24.

Question 17

28 USC 1367(c)

Answer 17

Federal district courts may choose to decline to exercise supplemental jurisdiction over a claim that fits within subpart (a)

Question 18

28 USC 1367(d)

Answer 18

Provides for the “tolling” of the statute of limitations on the supplemental claims for at least 30 days after the dismissal of such claims when the dismissal is because the federal court decides not to exercise supplemental jurisdiction

Question 19

Rule 1

Answer 19

The rules govern procedure in all civil cases; the key theme is the just, speedy and inexpensive determination of litigation.

Question 20

Rule 2

Answer 20

There is one form of civil action.

Question 21

Rule 7

Answer 21

The only pleadings are: the complaint, the answer, an answer to a counterclaim, an answer to a cross-claim, a third-party complaint, and a third-party answer

Question 22

Rule 8

Answer 22

A pleading (includes complaints and answers) must contain a statement of federal subject matter jurisdiction, a statement of the claim for relief, and a demand for judgment for the relief sought. The rule does not require the pleading of venue, but many lawyers will insert a venue allegation. It is not necessary or customary to plead personal jurisdiction but you will want the allegations inside the claim to demonstrate it

Question 23

Rule 38

Answer 23

A jury trial must be demanded or it is waived.

Question 24

Rules 8(d)(2) and 8(d)(3)

Answer 24

You may plead inconsistently or in the alternative.

Question 25

Rule 11

Answer 25

You need to act in good faith. Sanctions for failure to present correct (to your knowledge) writings or failure to correct when notified. [not for discovery sanctions] In MN: in malpractice suits expert testimony must be gathered before filing the complaint

Question 26

Rule 9

Answer 26

Specific pleading is required for fraud and special damages

Question 27

Rule 10

Answer 27

Captions should include the name of the court, the title of the action, the file number, the name of the pleading, and the names of the parties

Question 28

Rule 10(b)

Answer 28

You should plead alternative legal theories in separate counts. You should plead separate facts in separate numbered paragraphs.

Question 29

Rule 10(c)

Answer 29

Parties may incorporate material by reference.

Question 30

Rule 8(b)

Answer 30

Answers must contain admissions and denials that fairly meet the substance of plaintiff’s factual assertions. Answers must also contain defenses.

Question 31

Rule 8(c)(1)

Answer 31

Affirmative defenses: duress, estoppel, fraud, etc

Question 32

Rule 12(h)(1)(B)

Answer 32

Defenses under Rules 12(b)(2)-(5) are waived if not asserted.

Question 33

Rules 12(h)(2)-(h)(3)

Answer 33

Defenses under Rules 12(b)(1), (b)(6), and (b)(7) are not waived by non-assertion in the answer but ought to be promptly asserted

Question 34

Rule 12(b)(1)-(7)

Answer 34

Defenses that can be raised as motions: lack of SMJ, improper venue, failure to state a claim, etc

Question 35

Rule 12(a)(1)

Answer 35

Timing for serving a responsive pleading. Within 21 days unless waiver granted

Question 36

Rule 12(f)

Answer 36

Motion to strike “redundant, immaterial, impertinent, or scandalous matter.”

Question 37

Rule 12(e)

Answer 37

Motion for a more definite statement if the complaint is so vague and ambiguous that you cannot decipher what it means for purposes of trying to respond

Question 38

Rule 12(g)

Answer 38

You can only make one pre-answer motion. If you do make a pre-answer motion, you must consolidate all relevant defenses that might otherwise be waived.

Question 39

Rule 15

Answer 39

Amendments to pleading. A party may amend the party’s pleading once 21 days after serving it OR if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or motion. The court should generally give leave to amend when “justice so requires”

Question 40

Rule 15(c)

Answer 40

Amendments may relate back to the date of the original pleading. 1) When “the amendment asserts a claim or defense that arises out of the transaction/occurrence of the original pleading.” 2) When the party to be brought in (i) was given adequate notice AND (ii) “knew or should have known that the action would have been brought against it

Question 41

Rule 18

Answer 41

Permissive joinder of claims. “Alternate” claims are “related” and covered by supplemental jurisdiction. “Independent” claims are NOT “related” and require independent federal subject matter jurisdiction. Note: claim preclusion to prevent “two bites of the apple”

Question 42

Rule 13

Answer 42

Counter and Cross-Claims.

Question 43

Rule 13(a)

Answer 43

Compulsory counterclaims 1) exist at the time of the pleading 2) arise from the same transaction/occurrence and 3) do not require third parties over whom there is no PJ

Question 44

Rule 13(b)

Answer 44

Permissive counterclaims generally require independent federal subject matter jurisdiction. Generally, permissive claims potentially waive 12(b)(2)-(5) defenses.

Question 45

Rule 13(g)

Answer 45

Cross-claims are permissive claims against co-parties when the claims arise out of the same transaction/occurrence as the original claim. Generally for contribution or indemnification

Question 46

Rule 20

Answer 46

Permissive joinder of parties is possible if 1) the right to relief arises out of the same transaction/occurrence and 2) there is at least one common question of law or fact

Question 47

Rule 14

Answer 47

Impleader for “If me, then him” claims. This is NOT a defense. When a claim is brought against a plaintiff, they may bring in third parties just as defendants may.

Question 48

Rule 19

Answer 48

Compulsory joinder of parties when (a)(1)(A) complete relief cannot be given without the outsider OR (a)(1)(B) the outsider claims interest, cannot protect its interest outside the suit, or without them existing parties face risk of conflicting obligations.

Question 49

Rule 19(b)

Answer 49

If there is no subject matter jurisdiction, service, or venue over the outside party, a court must decide whether to go forward or dismiss the case.

Question 50

Rule 24

Answer 50

Right of outsider to intervene. Outsiders are never required to intervene. The only way to bring a party in is to compel existing parties to join the outsider under Rule 19.

Question 51

Rule 24(a)

Answer 51

A court must allow the outsider in if 1) there is an unconditional statutory right OR 2) the outsider has an interest, disposition of the action may impair protection of their interest, and existing parties will not adequately represent the outsider

Question 52

Rule 24(b)

Answer 52

A court might allow the outsider in if 1) there is a conditional statutory right OR 2) the applicant’s claim/defense and the main action share a common question of law or fact

Question 53

28 USC 1335

Answer 53

Statutory interpleader

Question 54

Rule 22

Answer 54

Interpleader by rules of civil procedure