...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
...the motion? Discuss whether the brother is a required party, whether joinder is feasible, the Rule 19(b) factors, and possible alternatives to dismissal. This essay tests required-party analysis and the difficult second...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
...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
...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
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)
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 bank holds $250,000 in escrow from a failed real estate sale. The buyer claims the seller breached first and demands the money back. The seller claims the buyer defaulted and demands the money as liquidated damages....
Citations: Fed. R. Civ. P. 22, 28 U.S.C. 1335
...e same collision. Which statement is most accurate? This is a classic joinder-jurisdiction trap. The defendant's derivative impleader claim may be in supplemental jurisdiction, but the plaintiff's direct claim against a...
Citations: Fed. R. Civ. P. 14, 28 U.S.C. 1367(b), 28 U.S.C. 1332
A citizen of State A sued a hotel corporation incorporated and headquartered in State B in federal court under diversity jurisdiction, seeking $400,000 for injuries suffered when a balcony railing collapsed. The hotel...
Citations: Fed. R. Civ. P. 14, Fed. R. Civ. P. 13, 28 U.S.C. 1367
A city sued a developer in federal court seeking a declaration that a riverfront parcel may be used for a public trail. A conservation trust claims a recorded easement over the parcel for habitat protection and moves...
Citations: Fed. R. Civ. P. 24
A homeowner sued a general contractor in federal court for fire damage allegedly caused by faulty wiring. The contractor wants to bring in the electrical subcontractor, alleging that the subcontract requires the subco...
Citations: Fed. R. Civ. P. 14
A life insurer admitted that $750,000 was payable under a policy but received competing demands from the decedent's former spouse, current spouse, adult child, and a judgment creditor. The former spouse claims she rem...
Citations: Fed. R. Civ. P. 22, Fed. R. Civ. P. 24, 28 U.S.C. 1335
...? Discuss compulsory and permissive counterclaims, crossclaims, claim joinder, and any separate jurisdictional limits. This essay tests the...
Citations: Fed. R. Civ. P. 13, Fed. R. Civ. P. 18, 28 U.S.C. 1367
A pedestrian sued a driver and a delivery company in one federal action after a collision. The driver alleges that the delivery company's truck forced the driver into the pedestrian's lane and wants indemnity or contr...
Citations: Fed. R. Civ. P. 13(g), Fed. R. Civ. P. 18
...moving company. The defendants move to dismiss the entire case for misjoinder. Which statement is most accurate? Rule 21 is a case-management rule. It corrects party and claim structure without requiring dismissal of the...
Citations: Fed. R. Civ. P. 21
A plaintiff with a federal copyright claim against a publisher also wants to assert a state-law claim against the same publisher for an unrelated office lease dispute. The publisher argues that the claims cannot be jo...
Citations: Fed. R. Civ. P. 18, 28 U.S.C. 1367
A repair shop sued a customer in federal court for failing to pay $12,000 for engine repairs. The customer alleges that the same repairs were performed negligently and destroyed the engine, causing $60,000 in damages....
Citations: Fed. R. Civ. P. 13(a), 28 U.S.C. 1367
...on claims. The manufacturer moves to dismiss the entire action for misjoinder. Alternatively, it asks the court to sever the claims and order separate trials. The homeowners argue that all claims concern windows and home...
Citations: Fed. R. Civ. P. 20, Fed. R. Civ. P. 21, Fed. R. Civ. P. 42
...moves to sever the claims. Which statement best describes permissive joinder? The correct answer states both Rule 20 requirements and leaves room for case-management orders if joinder would cause prejudice or delay. Fed...
Citations: Fed. R. Civ. P. 20, Fed. R. Civ. P. 42
...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)
...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
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
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)
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