A plaintiff files a federal civil complaint in the District of Oregon. The defendant lives in Idaho and the events occurred in Washington. Defendant timely moves to dismiss for improper venue. The court should:
Civil Procedure
Question · Medium
A diversity action between a New York plaintiff and a California defendant seeks $80,000 in damages. Plaintiff later amends to add a related state-law claim for $10,000 against a co-defendant from New York. Does the federal court have subject-matter jurisdiction over the added claim?
Question · Hard
Statutory place for a civil action under 28 U.S.C. § 1391, fixed by defendant residence or where a substantial part of the events occurred, rather than by the court's power over the parties.
Guess the Term
A plaintiff serves a request for production seeking the defendant corporation's privileged internal investigation memo prepared by in-house counsel. The defendant objects on attorney-client privilege grounds. Plaintiff argues the memo also contains business advice. The court should:
Read the clue and guess the term in 6 tries.
Game
Under Federal Rule of Civil Procedure 12(b), which defense is waived if not raised in the first responsive pleading or pre-answer motion?
Question · Easy
Federal court order sending a removed case back to state court, required if subject-matter jurisdiction is lacking.
A federal court sitting in diversity must apply which body of law to determine whether a state statute of limitations applies?
A plaintiff moves for summary judgment, attaching deposition excerpts showing the defendant admitted negligence. Defendant responds with an affidavit denying negligence but offers no documentary support. Should the court grant summary judgment?
Loss of the right to a civil jury trial when a party fails to serve and file a demand under Rule 38.
A defendant served outside the forum state is subject to personal jurisdiction in a federal court if:
Swap tiles to line up three of the same term.
Term Match
A petitioner seeks a divorce in State A, where she has lived for one year. Her spouse lives in State B and has never visited State A. State A's long-arm statute authorizes jurisdiction over absent spouses for divorce. Can State A grant the divorce and divide marital property?
UCC Article 2 category for all things movable when identified to a sale contract, including specially manufactured items, but excluding money, investment securities, and things in action.
Contracts
Under Federal Rule of Civil Procedure 11, an attorney who signs a frivolous pleading may be sanctioned only if:
A class action plaintiff seeks certification under Rule 23(b)(3). Which factor is NOT required for certification?
Under UCC Article 2, seller's act of putting and holding conforming goods at the buyer's disposition and giving notice reasonably necessary to enable the buyer to take delivery.
A defendant fails to answer a properly served complaint within 21 days. Plaintiff requests entry of default. Before the clerk enters default, defendant files an answer. The court should:
Flip two cards at a time to find matching terms.
Term Pairs
After a jury verdict for plaintiff, defendant moves for judgment as a matter of law under Rule 50(b). What is required to preserve this motion?
UCC Article 2 remedy in which the buyer makes a good-faith purchase of substitute goods without unreasonable delay after the seller breaches, allowing damages measured against the contract price.
A plaintiff sues a defendant in federal court for trademark infringement. The defendant counterclaims for breach of an unrelated state-law contract worth $40,000. Does the court have jurisdiction over the counterclaim?
A plaintiff loses on the merits in state court. She then files an identical federal claim in federal court. Which doctrine bars the federal action?
Witness qualified by knowledge, skill, experience, training, or education who may give an opinion when specialized knowledge will help the trier of fact.
Evidence
A buyer orders 1,000 widgets from a seller at $5 each. The seller ships 1,000 widgets of a different brand. The buyer rejects the shipment. Under UCC Article 2, what is the seller's right?
Find five hidden terms in a grid of letters.
Term Search
A homeowner orally agrees to sell her house to a buyer for $300,000. The buyer pays $30,000 earnest money and moves into the home, making $20,000 in improvements. The homeowner refuses to convey. Is the contract enforceable?
Verb for suggesting the desired answer to a witness, which is generally improper on direct examination but ordinarily allowed on cross-examination.
A contractor offers to build a deck for $10,000. The homeowner replies, 'I accept, provided you use cedar wood.' The original offer did not specify wood type. Has a contract been formed?
A retailer orders 500 units from a wholesaler. The wholesaler's acknowledgment adds a binding arbitration clause. Both parties are merchants. Under UCC § 2-207, the arbitration clause:
Solemn promise to testify truthfully that Federal Rule of Evidence 603 requires before a witness testifies, with an affirmation allowed instead.
A buyer accepts a delivery of defective goods, uses them for a month, then attempts to revoke acceptance. Revocation is permitted only if:
Promissory estoppel may serve as a substitute for consideration if:
Negligence element that a mere failure to act generally does not create, except through special relationships, conduct that worsened the risk, or voluntary undertakings.
Torts
A homeowner contracts with a painter for $5,000. After painting half the house, the painter abandons the job. The homeowner hires another painter to finish at a cost of $4,000 more than the original price. What is the homeowner's recovery?
A consumer signs a take-it-or-leave-it credit agreement that includes a clause waiving all warranties and limiting damages to $50. The buyer suffers $5,000 in injuries from a defective product. The court may refuse to enforce the clauses under:
Judicial limit on which of an injury's many antecedents can support liability, often called proximate in tort law rather than a measure of blameworthiness.
An employer promises an employee a $10,000 bonus 'if you continue to work hard.' The employee continues working as before. Is the promise enforceable?
A contract requires the seller to deliver goods 'within a reasonable time.' The seller delivers six months late. The buyer rejects. Under UCC Article 2, the court determines reasonableness based on:
Actual ___: in defamation, knowledge that a statement was false or reckless disregard of whether it was false, which a public official must prove.
A defendant moves to introduce a witness's prior inconsistent statement to impeach the witness. The statement was made under oath at a deposition. Is the statement admissible substantively?
A police officer arrests a suspect at the scene. Hours later, the suspect spontaneously says, 'I did it, I robbed the bank.' Is the statement admissible at trial?
Government intrusion into a person, house, paper, or effect to look for evidence, which the Fourth Amendment protects against unreasonable action.
Criminal Law
A plaintiff in a personal-injury case offers her treating physician's testimony about the cause of her injuries. Defense counsel objects on Daubert grounds. The judge's gatekeeping role requires consideration of:
A criminal defendant testifies in his own defense. The prosecution seeks to introduce evidence that the defendant was convicted of perjury 8 years ago. Is the conviction admissible to impeach?
Custodial seizure of a person that begins a criminal prosecution, permitted only when facts support a belief that the person committed or is committing a crime.
A witness is asked at trial about a conversation she overheard between two strangers in a coffee shop. The defense objects on hearsay grounds. The proper ruling depends on:
Under FRE 404(b), evidence of prior bad acts by the defendant is admissible to prove:
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