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ESSAY EXAM QUESTIONS AND ANSWERS


The following questions were asked on Civil Procedure Examinations given at Harvard Law School; we have slightly edited some of them. The sample answers are intended to show one possible approach to each question. Page references are to the main text of the outline.

QUESTION 1: Muenster Airways, Inc., is a small airline flying regularly scheduled flights between points in New Jersey, New York, and New England. It is incorporated in New Jersey and has its principal place of business there. Amos Stilton, a passenger on the ill-fated flight described below, is a citizen of Ames, a small midwestern state located between Indiana and Illinois.

  In December 2007, Muenster conducted an advertising campaign in Ames and other midwestern states offering a special flying tour of New England in the spring of 2008, featuring stopovers in Tiverton, R.I., Worcester, Mass., and White River Junction, Vermont. Stilton, attracted by the advertisement, bought a round-trip ticket from an independent travel agent in Ames and was put into a group of Ames travelers who would be leaving on the tour on April 1 from Ames City. The agent, after selling the ticket, immediately listed Stilton (care of his Ames address), on Muenster's reservation system as a passenger for the upcoming trip. Transportation to Newark, N.J., the starting point of the tour, was provided to Stilton and other tour participants by another airline.

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