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
...istrict 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 requiremen...
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 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 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 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 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 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 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 have not stipulated to a nonunanimous verdict. The remaining 7 jurors unanimously agree on a verdict. Whic...
Citations: Fed. R. Civ. P. 48
...y 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 arrest. Count...
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? 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? 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 co-owner, who did not sign the contract, claims an ownership interest that could be impaired if the...
Citations: Fed. R. Civ. P. 19
A city wins a first lawsuit against one neighborhood resident over a zoning permit. A different resident later files her own suit about the same permit and did not control or agree to be bound by the first suit. Which...
Citations: Taylor v. Sturgell
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 c...
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. The complaint alleged state-law negligence and sought $60,000 in damages. Before answering, the corp...
Citations: Fed. R. Civ. P. 12(b), Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
A defendant signed a commercial contract agreeing that any lawsuit arising from the contract may be filed in State R courts. The plaintiff later sues there on the contract. What is the best personal-jurisdiction argum...
Citations: General personal-jurisdiction consent principles
A defendant's summary-judgment motion cites record evidence that the plaintiff missed a contractual notice deadline. The plaintiff's response does not address the notice deadline at all and cites no contrary evidence....
Citations: Fed. R. Civ. P. 56(e)
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 appel...
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 against a nondiverse party joined under Rule 14. Which supplemental jurisdiction rule is most releva...
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 no other statutory basis for federal subject matter jurisdiction. Both parties want to stay in feder...
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 likely claim-preclusion effect on refiling the negligence claim in a state court with jurisdiction?...
Citations: Fed. R. Civ. P. 41(b), Semtek International Inc. v. Lockheed Martin Corp.
A limited liability company has members who are citizens of States A, B, and C. The LLC was organized in State D and has its headquarters in State E. What is the LLC's citizenship for diversity purposes? The correct a...
Citations: Carden v. Arkoma Associates, Section 1332 diversity principles
A plaintiff sues one diverse defendant, asserting a $50,000 contract claim and a $30,000 tort claim. Which statement best describes the amount in controversy? The correct answer states the common aggregation rule for...
Citations: 28 U.S.C. 1332(a)
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