...defense. This essay tests consolidation and waiver rules for Rule 12 motions, a frequent source of bar-exam traps. Fed. R. Civ. P. 12(b), Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
Citations: Fed. R. Civ. P. 12(b), Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
A publisher sued an author in federal court for breach of a manuscript-delivery contract. The complaint alleged that the author signed the contract, received a $75,000 advance, promised to deliver a manuscript by May...
Citations: Fed. R. Civ. P. 8(b), Fed. R. Civ. P. 8(c), Fed. R. Civ. P. 12(f), Fed. R. Civ. P. 15
A complaint alleged that the defendant signed a contract on March 1, received $40,000, breached on July 1, and caused $90,000 in damages. The answer denied damages but did not respond to the allegations about signing,...
Citations: Fed. R. Civ. P. 8(b)
A complaint alleges that the defendant "failed to maintain safe stairs at 114 Hill Street on April 2, causing plaintiff to fall and fracture her wrist." The defendant says it can answer but wants the plaintiff to iden...
Citations: Fed. R. Civ. P. 12(e), Fed. R. Civ. P. 12(f)
A consumer filed a federal complaint alleging that a lender violated a disclosure statute. The complaint states the loan date, the disclosure form used, the missing finance-charge box, and the consumer's resulting ove...
Citations: Fed. R. Civ. P. 8(a), Fed. R. Civ. P. 12(b)(6), Bell Atl. Corp. v. Twombly, Ashcroft v. Iqbal
A defendant answered a federal complaint by denying liability. The answer did not mention release, payment, statute of limitations, or waiver. Six months later, the defendant sought summary judgment based on a release...
Citations: Fed. R. Civ. P. 8(c), Fed. R. Civ. P. 15
A defendant believed a complaint contained baseless factual allegations. The defendant filed a Rule 11 sanctions motion with the court the same day it served the motion on the plaintiff. The motion was combined with a...
Citations: Fed. R. Civ. P. 11
A defendant filed a pre-answer motion to dismiss for failure to state a claim. The motion did not mention personal jurisdiction, even though the defendant knew it had no contacts with the forum. After the court denied...
Citations: Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
A passenger sued "Metro Bus Company" in federal court after a city bus struck her car. The complaint was filed two days before the limitations period expired and alleged negligent operation of bus route 42 on January...
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.
A plaintiff filed a complaint in federal court. Ten days after the defendant served a Rule 12(b)(6) motion, the plaintiff filed an amended complaint correcting factual allegations and adding a related claim. The plain...
Citations: Fed. R. Civ. P. 15(a)
A plaintiff sued for breach of a written contract and attached the contract to the complaint. The defendant moved for judgment on the pleadings and attached a new affidavit from its controller describing settlement ne...
Citations: Fed. R. Civ. P. 12(c), Fed. R. Civ. P. 12(d), Fed. R. Civ. P. 56
A plaintiff timely sued "Harbor Cruises Inc." after being injured on a ship. The proper owner was "Harbor Cruises LLC," which used the same claims office and received the complaint within the Rule 4(m) service period....
Citations: Fed. R. Civ. P. 15(c), Fed. R. Civ. P. 4(m), Krupski v. Costa Crociere S.p.A.
A scheduling order set March 1 as the deadline to amend pleadings. On May 15, after reviewing documents produced late by the defendant, the plaintiff moved to add a related fraud count. The plaintiff acted within two...
Citations: Fed. R. Civ. P. 16(b)(4), Fed. R. Civ. P. 15(a)
A small medical-device company sued a hospital system in federal court. The complaint alleges that the hospital promised to buy 500 monitors, accepted 120 monitors, stopped payment, and then falsely told other hospita...
Citations: Fed. R. Civ. P. 8, Fed. R. Civ. P. 9(b), Fed. R. Civ. P. 12(b)(6), Bell Atl. Corp. v. Twombly, Ashcroft v. Iqbal
A tenant sued her landlord in federal court alleging that the landlord entered her apartment, stole jewelry, and discriminated against her based on national origin. Before filing, the tenant's lawyer interviewed the t...
Citations: Fed. R. Civ. P. 11, Fed. R. Civ. P. 26(g)
...again identified Aaron. At trial, the prosecution plans to offer both pretrial identifications and asks the clerk to identify Aaron in court. Aaron moves to suppress all identification evidence. Analyze the Sixth Amendme...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California, Kirby v. Illinois, Neil v. Biggers, Manson v. Brathwaite
...y of judgment, the separate-document rule, premature notices, tolling motions, and whether the May 10 notice became effective after the Rule 59 motion was resolved. This essay focuses on appeal timing and the interaction...
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(1), Fed. R. App. P. 4(a)(2), Fed. R. App. P. 4(a)(4), Fed. R. App. P. 4(a)(7)
...statement is most accurate? The appeal clock is reset only by timely motions listed in FRAP 4(a)(4), not by any post-judgment filing. Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
...has received treatment for bipolar disorder and gave two inconsistent pretrial accounts of the conversation. Which statement is most accurate? The correct answer applies the broad federal competency rule. Fed. R. Evid. 6
Citations: Fed. R. Evid. 601
...54(b), the notice-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)
...? 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)
...it was not part of the trial 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 p...
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 60, Fed. R. Civ. P. 61
...onparties through notice, place-of-compliance limits, objections, and motions in the compliance district. Fed. R. Civ. P. 45
Citations: Fed. R. Civ. P. 45
...n before jury submission. How should the court analyze the post-trial motions? Discuss Rule 50(a), renewed Rule 50(b), Rule 59 new trial, and excessive...
Citations: Fed. R. Civ. P. 50, Fed. R. Civ. P. 59
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