Pleadings
Ben, driving north on Hillcrest Road in Dallas, collided with Erin’s car, driving west on Mockingbird Lane. Both Ben and Erin suffered serious personal injuries, and both cars were damaged. Ben wants to sue Erin in Federal Court in Dallas.
To meet the requirements of the Federal Rules of Civil Procedure, Ben’s complaint:
(A) must state facts sufficient to form a cause of action.
(B) must state a claim in ordinary and concise language without repetition.
(C) must plead facts but not evidence.
(D) must be a short and plain statement of the claim showing that Ben is entitled to relief.
(D) must be a short and plain statement of the claim showing that Ben is entitled to relief.
Olivia sues Daniel for $50,000 arising from a car accident. Daniel believes Olivia was actually responsible for the accident and wants to recover $20,000 from Olivia for the damage to his vehicle arising from the same accident.
Daniel's claim is:
A. A permissive counterclaim because it seeks different damages.
B. A compulsory counterclaim because it arises from the same transaction or occurrence.
C. A crossclaim because Daniel is asserting a claim against a party on the same side of the litigation.
D. A third-party claim because Daniel is asserting liability against someone other than himself.
B. A compulsory counterclaim because it arises from the same transaction or occurrence.
A plaintiff files suit in federal court alleging that the defendant breached a contract. Both parties are citizens of the same state. The plaintiff's complaint does not assert any federal statute or constitutional claim.
The defendant argues that federal-question jurisdiction exists because the federal court would be better equipped to interpret the contract.
Which is the best answer?
A. Federal-question jurisdiction exists because federal courts have concurrent jurisdiction over all contract disputes.
B. Federal-question jurisdiction exists because the defendant prefers federal court.
C. Federal-question jurisdiction does not exist merely because a federal court could hear the case; the claim itself must arise under federal law.
D. Federal-question jurisdiction exists whenever the amount in controversy exceeds $75,000.
C. Federal-question jurisdiction does not exist merely because a federal court could hear the case; the claim itself must arise under federal law.
A owns a parcel of land jointly with B. C sues B seeking a judgment determining ownership of the property. A is not joined.
A claims that the litigation could determine A's ownership rights in the property.
What is the strongest argument that A must be joined?
A. A must be joined because every person with any factual connection to the dispute is a required party.
B. A must be joined because A claims an interest relating to the subject of the action and disposing of the action without A could impair A's ability to protect that interest.
C. A must be joined only if A has diversity citizenship with B.
D. A cannot be joined because A was not named in the original complaint.
B. A must be joined because A claims an interest relating to the subject of the action and disposing of the action without A could impair A's ability to protect that interest.
A plaintiff wants to bring a class action against a corporation on behalf of 12,000 customers who allegedly paid an unlawful fee. The customers are geographically dispersed across the country, and identifying and individually serving every customer would be extremely difficult.
The defendant argues that the plaintiff cannot satisfy Rule 23 because there is no precise numerical threshold for the number of class members.
What is the best answer?
A. The class cannot be certified unless there are at least 10,000 members.
B. The class cannot be certified because Rule 23 requires every class member to participate personally.
C. The large number of geographically dispersed members strongly supports numerosity because joinder of all members would be impracticable.
D. Numerosity is irrelevant if the plaintiff can establish commonality.
C. The large number of geographically dispersed members strongly supports numerosity because joinder of all members would be impracticable.
Ben’s complaint alleges various types of injuries and damages. Which of them constitute special damages required to be alleged specifically within the meaning of Rule 9(g)?
(A) All of them, including the allegation about Ben’s pelvis, are special damages allegations.
(B) Allegations of past and future pain and suffering concern general damages, not special damages; the remainder are special damage allegations.
(C) Allegations of pain and suffering in the past are general damage allegations; the remainder are special damage allegations.
(D) Allegations about medical and hospital expenses are allegations claiming special damages; the rest are general damage allegations.
(C) Allegations of pain and suffering in the past are general damage allegations; the remainder are special damage allegations.
A plaintiff sues two defendants, Alpha Corp. and Beta Corp., for injuries arising from a defective machine. Alpha believes Beta is liable to Alpha for contribution if Alpha is found liable to the plaintiff.
Alpha wants to assert a claim against Beta.
That claim is properly characterized as:
A. A counterclaim.
B. A compulsory counterclaim.
C. A crossclaim.
D. A third-party complaint.
C. A crossclaim.
Amy, a citizen of Alabama, sues Brian, a citizen of Alabama, in federal court. Amy's complaint seeks $150,000 for personal injuries.
Brian moves to dismiss for lack of subject-matter jurisdiction.
What is the best answer?
A. The court has diversity jurisdiction because the amount in controversy exceeds $75,000.
B. The court has diversity jurisdiction because personal injury claims are traditionally heard in federal court.
C. The court lacks diversity jurisdiction because complete diversity is absent.
D. The court lacks diversity jurisdiction only if Brian objects before filing his answer.
C. The court lacks diversity jurisdiction because complete diversity is absent.
Three passengers are injured in the same bus accident. They want to sue the bus company together. Each passenger suffered different injuries and will present different damages, but all claims arise from the same accident.
Which is the best answer?
A. They cannot join because each passenger has a different injury.
B. They may join because their claims arise from the same transaction or occurrence and share questions of law or fact.
C. They must file separate lawsuits because personal-injury damages cannot be joined.
D. They may join only if the defendant admits liability.
B. They may join because their claims arise from the same transaction or occurrence and share questions of law or fact.
A class of 5,000 employees seeks damages from an employer for allegedly failing to pay overtime. The employer argues that each employee worked different hours and therefore suffered different damages.
However, all employees claim that the employer used the same company-wide policy that incorrectly classified their work as non-overtime.
Which is the best answer?
A. Commonality automatically fails because the employees have different amounts of damages.
B. Commonality may be satisfied because the class members' claims involve a common question concerning the legality of the same company-wide policy.
C. Commonality fails whenever individual damages must be calculated separately.
D. Commonality exists only if every class member worked exactly the same number of hours.
B. Commonality may be satisfied because the class members' claims involve a common question concerning the legality of the same company-wide policy.
Erin’s vehicle held two persons at the time of the crash: Erin and Travis. Both were thrown from the car by the collision. Ben believes that Erin was the driver, but he is not certain. He, therefore, wants to sue both Travis and Erin as the driver. May Ben do so?
(A) No. These allegations are inconsistent and so they both cannot be filed in good faith.
(B) No. The rules allow a party to plead in the alternative, but they do not allow factually inconsistent claims.
(C) Yes, but Ben will have to elect whether to proceed against Erin or Travis before the case goes to the jury.
(D) Yes, under these circumstances, the pleading is proper.
(D) Yes, under these circumstances, the pleading is proper.
Dan is sued by Paula in federal court. Dan files a Rule 12(b)(6) motion arguing that Paula has failed to state a claim. He does not raise improper venue, insufficient service of process, or lack of personal jurisdiction. The court denies the motion.
Two weeks later, Dan files a motion to dismiss for improper venue.
What is the best answer?
A. The motion should be granted because venue can be challenged at any time before trial.
B. The motion should be granted because Dan raised the defense before discovery began.
C. The motion should be denied because Dan waived the defense by failing to include it in his earlier Rule 12 motion.
D. The motion should be denied only if Paula can show that she relied on the original venue.
C. The motion should be denied because Dan waived the defense by failing to include it in his earlier Rule 12 motion.
Plaintiff, a citizen of Alabama, sues Defendant, a citizen of Georgia, in Alabama state court for negligence. The complaint seeks $200,000.
Defendant removes the case to federal court 25 days after being served.
Plaintiff moves to remand, arguing that the case should remain in state court because the accident occurred in Alabama.
What is the best answer?
A. The case must be remanded because a diversity case must be litigated in the state where the injury occurred.
B. The case was properly removed because the federal court would have had original diversity jurisdiction and Defendant timely removed.
C. The case must be remanded because only the plaintiff may choose federal court in a diversity case.
D. The case must be remanded because Defendant waited more than 20 days to remove.
B. The case was properly removed because the federal court would have had original diversity jurisdiction and Defendant timely removed.
P sues D for injuries allegedly caused by D's negligence. D believes that X, a subcontractor, is contractually obligated to reimburse D for any judgment D must pay P.
D wants to bring X into the lawsuit.
Which procedural mechanism is most appropriate?
A. Rule 13(a) compulsory counterclaim
B. Rule 13(g) crossclaim
C. Rule 14 third-party practice
D. Rule 20 permissive joinder
C. Rule 14 third-party practice
A class representative sues a company on behalf of all customers who purchased a defective product. The representative purchased the product two years after it was redesigned, while most proposed class members purchased the allegedly defective version before the redesign.
The defendant argues that the representative's claim is atypical.
Which is the strongest argument?
A. The representative's claim may fail typicality because her circumstances differ materially from those of the class members whose claims arise from the earlier product version.
B. Typicality is automatically satisfied whenever the plaintiff and class members purchased products from the same company.
C. Typicality is irrelevant if numerosity is satisfied.
D. Typicality requires that every class member suffer identical damages.
A. The representative's claim may fail typicality because her circumstances differ materially from those of the class members whose claims arise from the earlier product version.
Ben noticed after the accident that Erin’s car had a bumper sticker proclaiming, “This Lawyer is Always Appealing.” Ben has always loathed bad puns, and he would like to add a cause of action for “annoyance,” which he just made up. He can describe at length the bumper sticker and his reaction to it. The annoyance claim, if filed:
(A) is improper. The complaint must show that the pleader is entitled to relief.
(B) is proper. If a pleader has one good claim against an opposing party, claims of other types may be added.
(C) is improper. A plaintiff may not combine claims for negligent and intentional torts.
(D) is proper. Ben will be able to provide sufficient detail to meet the requirements of Rule 8.
(A) is improper. The complaint must show that the pleader is entitled to relief.
Paula sues David for $100,000 for injuries arising from a collision between their cars. David answers the complaint but does not assert any claim against Paula.
After the case ends, David discovers that Paula's negligence caused him $40,000 in damage to his vehicle arising from the same collision.
David now wants to sue Paula for the $40,000.
Which is the best answer?
A. David may bring the claim because counterclaims are always permissive.
B. David may bring the claim because his damages are separate from Paula's damages.
C. David generally may not bring the claim because it was a compulsory counterclaim that should have been asserted in the first action.
D. David may bring the claim because a defendant is never required to assert a claim against the plaintiff.
C. David generally may not bring the claim because it was a compulsory counterclaim that should have been asserted in the first action.
Olivia, a citizen of Texas, sues Defendant, a citizen of Texas, in state court for breach of contract. The complaint alleges only a state-law contract claim.
Defendant's answer argues that federal law provides Defendant with a complete defense to the contract claim. Defendant then attempts to remove the case to federal court.
Should the federal court retain jurisdiction?
A. Yes, because a federal defense automatically creates federal-question jurisdiction.
B. Yes, because Defendant's answer raises a substantial federal issue.
C. No, because federal-question jurisdiction generally must arise from the plaintiff's properly pleaded complaint rather than a federal defense.
D. No, but only because the parties are citizens of the same state.
C. No, because federal-question jurisdiction generally must arise from the plaintiff's properly pleaded complaint rather than a federal defense
P sues D. D files an answer. Thirty days after filing the answer, D seeks to file a third-party complaint against X, alleging that X is liable to D for all or part of any judgment D may owe P.
Which is most accurate?
A. D may file automatically because Rule 14 permits third-party complaints at any time before trial.
B. D must obtain the court's leave because more than 14 days have passed since D served the original answer.
C. D cannot bring X into the action because third-party practice is available only before an answer is filed.
D. D must instead file a crossclaim because X is being brought into an existing action.
B. D must obtain the court's leave because more than 14 days have passed since D served the original answer.
A plaintiff seeks to represent 3,000 consumers in a class action. The plaintiff's attorney has extensive experience in class litigation. However, the named plaintiff has a personal conflict of interest with approximately 500 members of the proposed class because she is asserting a claim that would benefit her at their expense.
The defendant challenges certification.
What is the best answer?
A. The class should be certified because the attorney is experienced.
B. The class should be certified because conflicts between some class members are irrelevant.
C. The class may fail the adequacy requirement because the representative must fairly and adequately protect the interests of the class.
D. The class automatically satisfies adequacy because the plaintiff suffered an injury.
C. The class may fail the adequacy requirement because the representative must fairly and adequately protect the interests of the class.
A woman sought a loan from a bank to start her small business. The loan manager at the bank required her to bring her husband to co-sign on the loan application and made odd remarks about how his own children were bi-racial. After filling out the application and loan documents as required, the bank’s appraiser appraised her home at $100,000 less than what was required to secure the loan. The loan was denied. The woman later received a higher appraisal and loan from another bank. The woman believed that the bank denied her loan on the basis of race in violation of the federal fair housing laws. She filed a complaint alleging these facts. Has she sufficiently pleaded her claim against the bank to survive a motion to dismiss?
(A) Yes, the woman has sufficiently pleaded her fair housing claim.
(B) Yes, the woman need only plead that she was discriminated against without any additional facts or information.
(C) No, the woman must plead facts proving that she was discriminated against.
(D) No, the woman has not pleaded a plausible claim for relief.
(A) Yes, the woman has sufficiently pleaded her fair housing claim.
Plaintiff's complaint alleges:
"Defendant was driving 75 miles per hour in a 45-mile-per-hour zone when the accident occurred."
The defendant genuinely does not know how fast she was driving because she suffered a concussion and has no memory of the accident. She does, however, know that she was driving the vehicle.
How should the defendant respond to the allegation concerning her speed?
A. She must admit it because she was the driver.
B. She must deny it because failing to deny an allegation results in an admission.
C. She may state that she lacks knowledge or information sufficient to form a belief about the truth of the allegation.
D. She must remain silent because defendants cannot deny facts they do not remember.
C. She may state that she lacks knowledge or information sufficient to form a belief about the truth of the allegation.
A citizen of Alabama sues a corporation in federal court for negligence arising from a car accident. The plaintiff is seeking $75,000 in damages. The corporation is incorporated in Delaware and has its principal place of business in Alabama. The plaintiff argues that diversity jurisdiction exists because the corporation is incorporated in a different state.
Which is the best answer?
A. Diversity jurisdiction exists because the corporation is incorporated in Delaware, which is different from the plaintiff’s state of citizenship.
B. Diversity jurisdiction exists because the amount in controversy is exactly $75,000.
C. Diversity jurisdiction does not exist because the plaintiff and corporation are both citizens of Alabama for diversity purposes.
D. Diversity jurisdiction does not exist because corporations are citizens only of the state where they are incorporated.
C. Diversity jurisdiction does not exist because the plaintiff and corporation are both citizens of Alabama for diversity purposes.
P sues D1 and D2 for injuries arising from an automobile accident. D1 believes that D2 is entirely responsible for D1's liability to P and wants D2 to reimburse D1 for any judgment D1 is required to pay P.
Which is the best procedural mechanism?
A. D1 should assert a compulsory counterclaim against D2.
B. D1 should assert a crossclaim against D2.
C. D1 should use Rule 14 to bring D2 into the case as a third-party defendant.
D. D1 cannot assert the claim until after judgment is entered against D1.
B. D1 should assert a crossclaim against D2.
Ten thousand consumers sue a manufacturer alleging that it sold a product containing a defective component. The manufacturer argues that class certification is inappropriate because each consumer purchased the product at a different time and suffered different amounts of economic loss.
The evidence shows, however, that the same defect existed in every product manufactured during the relevant period, and the central question is whether that defect violated the same statutory prohibition.
Which is the best answer?
A. A class action is impossible because individual damages always defeat predominance.
B. A class action may satisfy predominance because the common question concerning the uniform defect and statutory violation may outweigh individualized damages questions.
C. Predominance requires that every class member have identical damages.
D. Predominance is satisfied only when the defendant's liability can be determined without considering any individual class member's circumstances.
B. A class action may satisfy predominance because the common question concerning the uniform defect and statutory violation may outweigh individualized damages questions.