...e to appeal. Which statement best describes judgment entry for appeal timing? Appeal timing turns on entry under the rules, not oral announcement or actual notice, and the separate-document rule has a built-in fallback...
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(7)
Amara sued Delta Drones, Inc. and LiftPoint LLC in federal district court, invoking diversity jurisdiction. Amara has lived in State A for six years, owns a home there, votes there, and intends to remain there. Delta Dro...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
...chosen for convenience. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the likely result? Correct. Venue is proper in a district authorized b...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...roughout the United States, but it receives no state-by-state reports and does not design clips for any particular U.S. state. A skier in State L is injured when a binding containing an AlpineGear clip fails. The skier s...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...different deadline. Which statement best describes Rule 56's default timing rule? The default timing rule is broad but still subject to court orders and local rules. Fed. R. Civ. P. 56(b), Fed. R. Civ. P. 56(d)
Citations: Fed. R. Civ. P. 56(b), Fed. R. Civ. P. 56(d)
...nal jurisdiction, removal procedure, forum-defendant rule, and remand timing. 28 U.S.C. 1441, 28 U.S.C. 1446, 28 U.S.C. 1447
Citations: 28 U.S.C. 1441, 28 U.S.C. 1446, 28 U.S.C. 1447
...es 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 describes remova...
Citations: 28 U.S.C. 1441(b)(2)
...injury classification. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the likely result? Correct. Corporation and LLC disputes depend on for...
Citations: MBCA and LLC principles, Business judgment rule, Derivative action doctrine
...ich may still be raised? Discuss the Rule 12 consolidation and waiver rules and how the court should resolve each defense. This essay tests consolidation and waiver rules for Rule 12 motions, a frequent source of bar-exa...
Citations: Fed. R. Civ. P. 12(b), Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
...he proposed third-party complaint and related claims? Discuss Rule 14 timing, derivative liability, claims by the plaintiff and third-party defendant, and subject-matter jurisdiction. This essay focuses on the key Rule 1...
Citations: Fed. R. Civ. P. 14, Fed. R. Civ. P. 13, 28 U.S.C. 1367
...of-appeal deadline, and the effect of post-judgment motions on appeal timing. This essay tests finality, partial judgments, and appeal timing after post-judgment motions. 28 U.S.C. 1291, Fed. R. Civ....
Citations: 28 U.S.C. 1291, Fed. R. Civ. P. 54(b), Fed. R. App. P. 3, Fed. R. App. P. 4(a)(1), Fed. R. App. P. 4(a)(4)
...best describes the Rule 59 deadline? The correct answer gives the key timing rule for Rule 59 post-trial motions. Fed. R. Civ. P. 59, Fed. R. Civ. P. 6(b)(2)
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 6(b)(2)
...ial record. How should the court analyze the motions? Discuss Rule 59 timing and grounds, Rule 60(b) grounds and timing, newly discovered evidence or fraud, and harmless error. This essay tests post-judgment relief and t...
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 60, Fed. R. Civ. P. 61
...laintiff invokes diversity jurisdiction in a case with two plaintiffs and three defendants. Which statement best describes complete diversity? The correct answer states the complete-diversity requirement. 28 U.S.C. 1332...
Citations: 28 U.S.C. 1332, Strawbridge v. Curtiss
...group sought records from a federal agency under a disclosure statute and lost after the court ruled that the records were exempt. Nia, a journalist who sometimes volunteers with the group, did not fund the litigation, c...
Citations: Taylor v. Sturgell
...in federal district court for breach of a state-law contract. Sierra and Atlas are both citizens of State Q, and the complaint alleges $40,000 in damages. No federal statute is involved. Atlas answered, litigated for 14...
Citations: Fed. R. Civ. P. 12(h)(3), 28 U.S.C. 1447(c)
...tate S. Cyclist sued Driver in State R court. State R's choice-of-law rules select State S negligence law for liability. State S uses modified comparative fault and bars recovery if plaintiff is more than 50 percent at f...
Citations: Conflict-of-laws principles, Erie doctrine principles
...on whether venue is proper, convenience, justice, and forum-selection rules. Distinguish statutory venue from personal jurisdiction and from discretionary transfer. 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...on whether venue is proper, convenience, justice, and forum-selection rules. Distinguish statutory venue from personal jurisdiction and from discretionary transfer. 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...he complaint was filed two days before the limitations period expired and alleged negligent operation of bus route 42 on January 5. The correct operating entity was "Metro Transit Authority," a related public corporation...
Citations: Fed. R. Civ. P. 15, Fed. R. Civ. P. 16(b)(4), Fed. R. Civ. P. 4(m), Krupski v. Costa Crociere S.p.A.
...best describes amendment as a matter of course? The answer tracks the timing rule for the single amendment available as a matter of course. Fed. R. Civ. P. 15(a)
Citations: Fed. R. Civ. P. 15(a)
...he jury-trial issues? Discuss the legal and equitable claims, Rule 38 timing and waiver, Rule 39 discretion, and the order of trial for overlapping legal and equitable issues. This essay tests jury-demand timing, waiver...
Citations: Fed. R. Civ. P. 38, Fed. R. Civ. P. 39, Beacon Theatres, Inc. v. Westover, Dairy Queen, Inc. v. Wood
...judgment on the civil docket. The defendant is calculating post-trial and appeal deadlines. Which statement best describes entry of judgment? The correct answer states the rule governing civil judgment entry and avoids c...
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(7)
...on whether venue is proper, convenience, justice, and forum-selection rules. Distinguish statutory venue from personal jurisdiction and from discretionary transfer. 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
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