Name That Case
“We don’t care how much business you do in this state. If your key executives don’t make the decisions there, you’re not a citizen there.”
Hertz Corp. v. Friend
“The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”
Rule 56(a)
Which section of the code sets the general requirements for a case to be removable?
28 U.S.C. 1441
The work product privilege is codified where in the federal rules?
Rule 26(b)(3)
Fill in the blank: numerosity, commonality, ___, adequacy
typicality
A 12(b)(1) motion is a motion to dismiss for _______.
lack of subject matter jurisdiction
“You know the old saying, WWEB1791D? What would England before 1791 do?”
Chauffeurs Local 391 v. Terry
“A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2).”
Rule 30(a)(1)
Which section of the code is home to the Class Action Fairness Act?
28 U.S.C. 1332(d)
A matter is deemed admitted if you don’t respond to a request for admission within this many days, per Rule 36(a)(3).
30 Days
How much must be in controversy for a class action to qualify for jurisdiction under the Class Action Fairness Act?
$5 million
According to Rule 11, a party wishes to make a motion for sanctions based on a pleading, that party must not file the motion with the court if the opposing party corrects the challenged filing within ____ days.
“You literally sold that exact same model in the state where the injury happened. Like, and over again. Of course that state’s courts can hear a case about that product causing injury there.”
Ford Motor Co. v. Montana Eighth Judicial District
“A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim…”
Rule 13(a)(1)
Which section of the code governs the appealability of interlocutory rulings?
28 U.S.C. 1292
This Rule (subsection please) allows you to submit requests for production to nonparties.
Rule 34(c)
Which 23a prerequisite did the plaintiffs in Wal-Mart fail to satisfy?
commonality
To seek issue preclusion or claim preclusion based on an earlier case, that case had to have a “valid, ____ judgment on the merits."
final
“How can we know what isn’t on the audiotape? We can’t decide that without a trial.”
Coble v. City of White House
“If, after notice and reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction…”
Rule (11)(c)(1)
Which section of the code places some limits on the availability of supplemental jurisdiction when the base claim is in federal court because of diversity jurisdiction?
28 U.S.C. 1367(b)
To be discoverable under Rule 26b1, the information sought must be nonprivileged, _____ and _____. (Two words needed for a right answer)
Relevant and proportional
A damages class action must qualify under this subsection of Rule 23b in order to be certified.
Rule 23(b)(3)
A party can only seek a default judgment directly from the clerk if the lawsuit in question is for ________
a sum certain
“Yes, we know his best friend sued you over exactly the same thing, but now he gets to sue you, too.”
Taylor v. Sturgell
“In all other cases, a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court should freely give leave when justice so requires.”
Rule 15(a)(2)
Which section of the code serves as the basis for federal question jurisdiction?
28 U.S.C. 1331
Unless the judge allows you to do otherwise, you are limited to this many interrogatories on a given party.
25
This subsection of Rule 23 governs the appealability of certification decisions.
Rule 23(f)
If a party has timely waived service, it gets ____ days adder the request for waiver was sent (if in the U.S.) to serve an answer.
60