Pleadings
Plaintiff files a complaint alleging that Defendant negligently caused a car accident. The complaint states that Defendant was driving while distracted, crossed the center line, struck Plaintiff's vehicle, and caused Plaintiff to suffer a broken leg.
Which rule primarily governs the general requirements for the complaint?
A. Rule 8(a)
B. Rule 8(b)
C. Rule 9(b)
D. Rule 11(a)
A. Rule 8(a)
What are the seven grounds for a Rule 12 (b) motion?
Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, Improper Venue, Insufficient Process, Failure to State a Claim, and Failure to Join a Necessary Party.
Plaintiff serves Defendant with interrogatories asking for information about the claims and defenses in the lawsuit.
Which standard generally determines whether the information is discoverable?
A. Whether the information is admissible at trial
B. Whether the information is relevant to any party's claim or defense and proportional to the needs of the case
C. Whether the information is relevant only to Plaintiff's claims
D. Whether the information would automatically be admissible at trial
B. Whether the information is relevant to any party's claim or defense and proportional to the needs of the case
Plaintiff seeks to represent 300 people who were allegedly harmed by Defendant's conduct. Defendant argues that Plaintiff cannot satisfy numerosity because the class members could technically all be identified individually.
Which is the best answer?
A. Numerosity is automatically satisfied whenever a class contains more than 100 members.
B. Numerosity requires that joinder of all members be impracticable.
C. Numerosity requires that joinder be impossible.
D. Numerosity is irrelevant if the plaintiff has a valid claim.
B. Numerosity requires that joinder of all members be impracticable.
Plaintiff sues Defendant for breach of a contract. Defendant has a claim against Plaintiff arising from the same contract.
What is the strongest argument concerning Defendant's claim?
A. It is likely a compulsory counterclaim and generally must be asserted in the action.
B. It is always a permissive counterclaim.
C. It must be asserted as a crossclaim.
D. Defendant cannot assert the claim because Plaintiff filed first.
A. It is likely a compulsory counterclaim and generally must be asserted in the action.
B. It is always a permissive counterclaim.
C. It must be asserted as a crossclaim.
D. Defendant cannot assert the claim because Plaintiff filed first.
Plaintiff alleges:
"Defendant discriminated against me because of my race."
The complaint contains no additional facts describing what Defendant did, when the conduct occurred, or why Plaintiff believes race motivated Defendant's actions.
Defendant moves to dismiss under Rule 12(b)(6).
Which is most accurate?
A. The complaint automatically survives because a plaintiff never has to plead facts supporting a legal conclusion.
B. The complaint likely fails because a bare legal conclusion, without sufficient factual matter, may not satisfy the pleading standard.
C. The complaint automatically survives because discovery must always occur before a Rule 12(b)(6) motion can be granted.
D. The complaint must be dismissed under Rule 9(b), because every discrimination claim is subject to the heightened fraud pleading standard.
B. The complaint likely fails because a bare legal conclusion, without sufficient factual matter, may not satisfy the pleading standard.
P sues D for negligence, alleging that he suffered emotional distress from witnessing injury to a close friend in an accident with D. D responds by moving to dismiss under Rule 12(b)(3). After the court denies the motion, but before answering, D moves to dismiss under Rule 12(b)(6).
a) The motion is improper because D cannot make a second preanswer motion under Rule 12 to assert a defense that was available when the first motion was made.
b) The motion is improper, because D's failure to assert his Rule 12(b)(6) motion in his first pre-answer motion waives the objection of failure to state a claim.
c) The motion is proper because the objection is not waived by making a motion on other grounds, and may be raised at any time.
d) The motion is proper because the motion to dismiss under Rule 12(b)(6) is not one of the four “disfavored defenses.”
a) The motion is improper because D cannot make a second preanswer motion under Rule 12 to assert a defense that was available when the first motion was made.
During discovery, Plaintiff asks Defendant to produce a document that is relevant to Plaintiff's claim but probably would not be admissible at trial.
Defendant objects solely because the document is inadmissible.
Which is the best answer?
A. Defendant is correct because discovery is limited to admissible evidence.
B. Defendant is correct because inadmissible evidence is never relevant.
C. Defendant's objection is generally insufficient because discoverable information need not itself be admissible at trial.
D. Plaintiff cannot obtain the document unless Plaintiff first proves its admissibility.
C. Defendant's objection is generally insufficient because discoverable information need not itself be admissible at trial.
A proposed class consists of 1,000 customers who all purchased the same defective product. Every customer's claim turns on whether Defendant's product contained the same manufacturing defect.
Which Rule 23(a) requirement is most directly implicated?
A. Typicality
B. Adequacy
C. Commonality
D. Numerosity
C. Commonality
Plaintiff sues Defendant for negligence. Defendant believes that a third party is contractually obligated to reimburse Defendant for any damages Defendant owes Plaintiff.
What procedural device should Defendant consider?
A. Crossclaim
B. Counterclaim
C. Impleader
D. Permissive joinder under Rule 20
C. Impleader
An attorney files a complaint alleging that Defendant stole Plaintiff's property. Before filing, the attorney had no evidence supporting the allegation, conducted no investigation, and admits that the allegation was based entirely on speculation.
Which Rule 11 principle is most directly implicated?
A. The attorney's signature requirement.
B. The requirement that factual contentions have evidentiary support or are likely to have such support after reasonable opportunity for investigation or discovery.
C. The requirement that fraud be pleaded with particularity.
D. The requirement that the complaint contain a short and plain statement.
B. The requirement that factual contentions have evidentiary support or are likely to have such support after reasonable opportunity for investigation or discovery.
Plaintiff files a complaint. Defendant serves an answer 10 days later.
Five days after receiving the answer, Plaintiff wants to amend the complaint without obtaining Defendant's consent or the court's permission.
What is the best answer?
A. Plaintiff may amend because Rule 15 allows one amendment as a matter of course within 21 days after serving the pleading.
B. Plaintiff may amend because an answer has not yet been filed.
C. Plaintiff must obtain Defendant's consent because an answer has been filed.
D. Plaintiff must obtain the court's permission because the 21-day period begins only after the defendant's answer.
A. Plaintiff may amend because Rule 15 allows one amendment as a matter of course within 21 days after serving the pleading.
Plaintiff serves Defendant with a request under Rule 34 asking Defendant to produce emails concerning the disputed contract.
Defendant responds:
“Objection. Plaintiff already has access to the emails through its own records.”
Which is the best answer?
A. Defendant automatically wins because a party never has to produce documents that the requesting party could potentially obtain elsewhere.
B. Defendant may be required to produce the documents if the request is otherwise proper; merely claiming that the requesting party could obtain them elsewhere does not automatically defeat the request.
C. Defendant wins because Rule 34 applies only to physical documents.
D. Defendant must produce every email in Defendant's possession, regardless of relevance.
B. Defendant may be required to produce the documents if the request is otherwise proper; merely claiming that the requesting party could obtain them elsewhere does not automatically defeat the request.
laintiff seeks class certification. The proposed class has 5,000 members, all claims involve the same alleged misconduct, Plaintiff's claim arises from the same conduct as the class members' claims, and Plaintiff and counsel have no conflicts of interest.
Which statement is most accurate?
A. Plaintiff has established all four Rule 23(a) requirements.
B. Plaintiff has established numerosity, commonality, typicality, and adequacy, but must still satisfy the applicable Rule 23(b) requirement.
C. Plaintiff automatically wins class certification.
D. Plaintiff only needs to establish commonality and numerosity.
B. Plaintiff has established numerosity, commonality, typicality, and adequacy, but must still satisfy the applicable Rule 23(b) requirement.
Plaintiff sues Defendant for injuries caused by a defective product. Defendant wants to bring Manufacturer into the case solely because Defendant believes Manufacturer is also directly liable to Plaintiff.
Can Defendant implead Manufacturer under Rule 14?
A. Yes, because anyone who may be liable to Plaintiff can be impleaded.
B. Yes, because Rule 14 allows all potentially responsible parties to be joined.
C. No, because Rule 14 is generally for derivative or secondary liability to the defending party, not simply for adding another party directly liable to Plaintiff.
D. No, because manufacturers can never be third-party defendants.
C. No, because Rule 14 is generally for derivative or secondary liability to the defending party, not simply for adding another party directly liable to Plaintiff.
Plaintiff files a complaint alleging that Defendant committed fraud by selling Plaintiff a defective investment.
The complaint states:
"Defendant knowingly lied to Plaintiff about the investment. Defendant intended to deceive Plaintiff. Plaintiff relied on Defendant's lies and lost $200,000."
The complaint does not identify the specific statements Defendant allegedly made, when they were made, or where they were made.
Defendant moves to dismiss.
Which is the best answer?
A. The complaint satisfies Rule 8 because it identifies the general theory of liability.
B. The complaint likely fails Rule 9(b) because the circumstances constituting the alleged fraud have not been pleaded with sufficient particularity, even though Defendant's state of mind may be alleged generally.
C. The complaint necessarily fails Rule 8 because Rule 8 prohibits allegations concerning intent.
D. The complaint satisfies Rule 9(b) because all fraud claims require only an allegation of intent and reliance.
B. The complaint likely fails Rule 9(b) because the circumstances constituting the alleged fraud have not been pleaded with sufficient particularity, even though Defendant's state of mind may be alleged generally.
Goliath sues David for slander. David answers on the merits, denying that he made the o]ending statement. Six weeks later, he realizes that Goliath has filed suit in an improper venue.
a) David should move to amend his answer to raise the defense of improper venue. Under Rule 15(a), the judge may grant the motion in her discretion.
b) David may file a motion for judgment on the pleadings, claiming that venue is improper, since he did not raise any of the four disfavored defenses in either a pre-answer motion or his answer.
c) David may file a motion to dismiss for improper venue, since he did not make a pre-answer motion.
d) David has waived the defense of improper venue.
d) David has waived the defense of improper venue.
Defendant seeks a witness statement contained in Plaintiff's attorney's litigation file. Plaintiff claims work-product protection.
Defendant shows that the witness has died and that Defendant has no practical way to obtain the witness's account elsewhere.
What is the strongest argument for Defendant?
A. Work product disappears whenever the opposing party requests it.
B. Defendant may obtain the material by showing substantial need and inability to obtain the substantial equivalent without undue hardship.
C. Defendant automatically receives the material because the witness is unavailable.
D. Defendant can never obtain attorney work product under any circumstances.
B. Defendant may obtain the material by showing substantial need and inability to obtain the substantial equivalent without undue hardship.
A court certifies a class under Rule 23(b)(2) seeking only injunctive relief.
A class member argues:
"I must receive the same individual notice and mandatory right to opt out that Rule 23(b)(3) class members receive."
Which is most accurate?
A. Correct; every class action requires the same notice and opt-out procedures.
B. Correct; Rule 23(b)(2) classes always require individual notice and opt-out rights.
C. Incorrect; the mandatory notice and opt-out provisions specifically associated with Rule 23(b)(3) do not automatically apply in the same way to a Rule 23(b)(2) class.
D. Incorrect because class members never receive notice in federal class actions.
C. Incorrect; the mandatory notice and opt-out provisions specifically associated with Rule 23(b)(3) do not automatically apply in the same way to a Rule 23(b)(2) class.
Plaintiff, a citizen of Alabama, sues Defendant 1, a citizen of Florida, and Defendant 2, a citizen of Alabama, in federal court based solely on diversity jurisdiction.
Plaintiff's claims against both defendants arise from the same accident.
Assuming the amount-in-controversy requirement is satisfied, is diversity jurisdiction proper?
A. Yes, because the plaintiff is diverse from Defendant 1.
B. Yes, because most of the parties are citizens of different states.
C. No, because complete diversity is destroyed when Plaintiff and Defendant 2 are citizens of the same state.
D. No, because multiple defendants can never be joined in a diversity case.
C. No, because complete diversity is destroyed when Plaintiff and Defendant 2 are citizens of the same state.
laintiff files a complaint containing two counts arising from the same transaction. Count I alleges breach of contract. Count II alleges fraud based on statements Defendant made before the contract was signed. Plaintiff incorporates the factual allegations from paragraphs 1–20 into both counts.
Defendant argues that the complaint is improper because the claims arise from the same transaction and because Plaintiff incorporated the same facts into both counts.
Which is the best answer?
A. Defendant is correct because claims arising from the same transaction must be combined into a single count.
B. Defendant is correct because Rule 10 prohibits a plaintiff from incorporating the same allegations into multiple counts.
C. Defendant is incorrect because separate counts may be used when necessary for clarity, and allegations may be incorporated by reference.
D. Defendant is incorrect only if Plaintiff proves that the two claims have completely different factual bases.
C. Defendant is incorrect because separate counts may be used when necessary for clarity, and allegations may be incorporated by reference.
Plaintiff files a federal lawsuit against Defendant alleging breach of contract, fraud, and negligence. Defendant is properly served with the summons and complaint on March 1.
On March 20, Defendant files a Rule 12(b)(6) motion arguing that the complaint fails to state a claim. Defendant does not raise lack of personal jurisdiction, improper venue, insufficient process, or insufficient service of process.
On April 10, the court denies Defendant's Rule 12(b)(6) motion.
On April 20, Defendant files an answer that:
States, regarding Plaintiff's fraud allegation:
"Defendant lacks sufficient information to form a belief as to the truth of the allegations concerning Plaintiff's reliance."
Responds to Plaintiff's negligence count by stating:"Defendant denies the allegations contained in Count III."
Plaintiff moves to strike portions of Defendant's answer and argues that Defendant has waived certain defenses and admitted certain allegations.
Which of the following is the MOST accurate?
A. Defendant's answer is timely, the lack-of-personal-jurisdiction and improper-venue defenses are preserved because they were raised before the answer, the fraud response is improper because a defendant must either admit or deny an allegation, and the damages allegation is deemed admitted.
B. Defendant's answer is timely, the lack-of-personal-jurisdiction and improper-venue defenses are waived because they were omitted from Defendant's first Rule 12 motion, the fraud response is generally proper, and the damages allegation is generally deemed admitted.
C. Defendant's answer is untimely because Defendant had only 14 days after the denial of the Rule 12(b)(6) motion to answer, the jurisdiction and venue defenses are waived, and the damages allegation is deemed denied because the complaint bears the burden of proof.
D. Defendant's answer is timely, the jurisdiction defense is preserved because personal jurisdiction can never be waived, improper venue is waived, the fraud response is proper, and the damages allegation is deemed denied because Defendant generally denied the negligence count.
B. Defendant's answer is timely, the lack-of-personal-jurisdiction and improper-venue defenses are waived because they were omitted from Defendant's first Rule 12 motion, the fraud response is generally proper, and the damages allegation is generally deemed admitted.
Plaintiff files a federal lawsuit on January 1. Before the parties' Rule 26(f) conference, Plaintiff serves Defendant with interrogatories seeking information about the case.
Defendant objects solely because the interrogatories were served too early.
Which is the best answer?
A. Defendant is correct because discovery can never begin until after the Rule 26(f) conference.
B. Defendant is incorrect because interrogatories may always be served immediately after filing.
C. Defendant is generally correct because discovery generally cannot be sought before the Rule 26(f) conference, subject to applicable exceptions.
D. Defendant is correct only if Defendant has not yet filed an answer.
C. Defendant is generally correct because discovery generally cannot be sought before the Rule 26(f) conference, subject to applicable exceptions.
laintiff seeks certification under Rule 23(b)(3). The class satisfies numerosity, commonality, typicality, and adequacy. Common questions predominate, and the court determines a class action is superior.
However, Plaintiff argues that class members should not receive notice because they have already been identified by Defendant.
Which is the best answer?
A. Plaintiff is correct because notice is unnecessary when class members are identifiable.
B. Plaintiff is incorrect because Rule 23(b)(3) requires the court to direct the best notice practicable under the circumstances, including individual notice to identifiable members through reasonable effort.
C. Plaintiff is correct because notice is required only in Rule 23(b)(1) classes.
D. Plaintiff is incorrect because Rule 23 requires every class member to affirmatively opt into a federal class action.
B. Plaintiff is incorrect because Rule 23(b)(3) requires the court to direct the best notice practicable under the circumstances, including individual notice to identifiable members through reasonable effort.
Plaintiff, a citizen of Alabama, sues Defendant 1, a citizen of Georgia, in federal court under diversity jurisdiction. Plaintiff then seeks to add Defendant 2, a citizen of Alabama, under Rule 20.
The claim against Defendant 2 arises from the same accident and shares common questions with the original claim.
Which is the best answer?
A. Defendant 2 cannot be joined because Rule 20 prohibits joining defendants who are citizens of the plaintiff's state.
B. Defendant 2 satisfies Rule 20 because the claims arise from the same occurrence and share common questions, but joinder may nevertheless be barred because it would destroy complete diversity.
C. Defendant 2 must be joined because Rule 20 requires joinder whenever its requirements are met.
D. Defendant 2 can be joined because complete diversity is measured only between the plaintiff and the original defendant.
B. Defendant 2 satisfies Rule 20 because the claims arise from the same occurrence and share common questions, but joinder may nevertheless be barred because it would destroy complete diversity.