...ages, and pain and suffering. Delta Drones argues that diversity is incomplete because LiftPoint LLC has a State A member through Ridge Capital LP. Amara argues that LiftPoint should be treated like a corporation with ci...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
...ndings. AlpineGear sells all clips to a German assembler, which sells completed bindings to an independent distributor in New York. AlpineGear has no office, employees, property, advertising, direct sales, customer list...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
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 answ...
Citations: Carden v. Arkoma Associates, Section 1332 diversity principles
A plaintiff files 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 d...
Citations: 28 U.S.C. 1441(b)(2)
...a car door into a bike lane. Doctors recommended a routine outpatient procedure that was low risk, commonly performed, and likely to restore most use of the cyclist's shoulder. The cyclist refused the procedure for no st...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A state Good Samaritan statute provides immunity from civil liability for an uncompensated person who provides emergency aid in good faith, but it does not protect willful, reckless, or grossly negligent conduct. A volun...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
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
...rial, but the judge excluded her testimony because Malik's lawyer had listed her as a witness one day late. The judge did not consider a continuance or other lesser sanction. During voir dire, Juror 8 said he did not kno...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips
...transfer of the whole lot. Joining the second co-owner would destroy complete diversity. Which statement is most accurate? The correct answer captures the two-step Rule 19 structure: required if feasible, then equity-an...
Citations: Fed. R. Civ. P. 19
...fendant's ordinary accounting system. The defendant objected to the number of interrogatories and proposed to answer some damages interrogatories by identifying business records. Which statement is most accurate? The cor...
Citations: Fed. R. Civ. P. 33
...endant moves to dismiss for failure to join the brother, arguing that complete relief and title certainty are impossible without him and that joining him would destroy diversity. The brother is subject to service but ref...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
...er identifying the scooter model, the fire date, the warranty claim number, and the consumer's intent to sue. The manufacturer's legal department told the engineering team to preserve test results and customer complaints...
Citations: Fed. R. Civ. P. 26(f), Fed. R. Civ. P. 37(e)
...vice about settlement exposure. The witnesses now say they do not remember important details, and one has moved overseas. The driver requests the witness statements, counsel's interview notes, and the legal advice email...
Citations: Fed. R. Civ. P. 26(b)(3), Fed. R. Civ. P. 26(b)(5), Fed. R. Evid. 502, Hickman v. Taylor, Upjohn Co. v. United States
...ny's service logs for her account, the technician's installation checklist, and deposition testimony from the technician and operations director. It explains that those materials are expected to show whether the door sen...
Citations: Fed. R. Civ. P. 56(d), Fed. R. Civ. P. 56(a)
...involving the same policy proceeds, arguing that none of the family members will protect its lien. The family members oppose intervention because it will complicate settlement. Analyze the insurer's interpleader request...
Citations: Fed. R. Civ. P. 22, Fed. R. Civ. P. 24, 28 U.S.C. 1335
...h two plaintiffs and three defendants. Which statement best describes complete diversity? The correct answer states the complete-diversity requirement. 28 U.S.C. 1332, Strawbridge v. Curtiss
Citations: 28 U.S.C. 1332, Strawbridge v. Curtiss
...lost after the court ruled that the records were exempt. Nia, a journalist who sometimes volunteers with the group, did not fund the litigation, choose counsel, control strategy, testify, or agree to be bound by the resu...
Citations: Taylor v. Sturgell
...d much of the first day with objections. The company also served 32 numbered interrogatories. Several numbered interrogatories contained multiple unrelated subparts, including requests to identify every person with knowl...
Citations: Fed. R. Civ. P. 30, Fed. R. Civ. P. 33, Fed. R. Civ. P. 37
...consequence. This essay tests venue and transfer in the syllabus path Civil Procedure > Jurisdiction and Venue. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctr...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...et calculating its claimed offset, but it says its investigation is incomplete and that it will disclose information only after the plaintiff serves discovery requests. Which statement is most accurate? Initial disclosur...
Citations: Fed. R. Civ. P. 26(a)(1), Fed. R. Civ. P. 26(e), Fed. R. Civ. P. 26(f)
...t remand? Discuss. This essay combines original 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
...federal statute is involved. Atlas answered, litigated for 14 months, completed discovery, and repeatedly stated that it preferred federal court. Two weeks before trial, the judge noticed the citizenship and amount alleg...
Citations: Fed. R. Civ. P. 12(h)(3), 28 U.S.C. 1447(c)
.... This essay tests pleadings and Rule 12 motions in the syllabus path Civil Procedure > Pleadings and Preclusion. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doc...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
...ate B customers, and maintains a State B toll-free customer-service number routed to its State A office. Paula, a State B resident, bought a TrailBright headlamp through the website while at home in State B. TrailBright...
Citations: Fed. R. Civ. P. 4(k), International Shoe Co. v. Washington, Ford Motor Co. v. Montana Eighth Judicial District Court
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