Civil Procedure Keyed to Subrinback
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A consumer was injured when his recently purchased gas oven exploded. The consumer timely filed a products liability action against the manufacturer in federal district court on a theory of strict products liability. Shortly after the complaint was filed and served on the manufacturer, the statute of limitations for any tort claim arising from the explosion expired. The manufacturer then timely filed an answer denying liability and denying the material allegations. Two weeks after the manufacturer filed and served its answer, the consumer filed and served an amended complaint that added a negligence claim arising from the same oven explosion. The manufacturer moves to strike the amended complaint, claiming that the amendment was improper and that the negligence claim is barred by the statute of limitations.
How should the court rule on those claims?CorrectIncorrect
A patent holder brought a patent infringement action in federal court against a licensee of the patent. The patent holder believed that a jury would be more sympathetic to his claims than a judge, and asked his lawyer to obtain a jury trial.
What should the lawyer do to secure the patent holder’s right to a jury trial?CorrectIncorrect
A patient properly filed a medical malpractice claim against a doctor in federal district court.
The complaint simply asserted negligence as the grounds for relief without any facts supporting the claim. The doctor filed a pretrial motion for a more definite statement, which the court denied. Immediately thereafter, and without submitting an answer, the doctor filed a motion to dismiss, asserting that the court lacked personal jurisdiction.
Will the court grant this motion to dismiss?CorrectIncorrect
P, a citizen of Maryland, sues D, a physician and citizen of Virginia, in a federal court in Virginia, seeking $125,000 compensation for medical malpractice. The only allegations concerning D’s misconduct in P’s complaint is that D “practiced medicine negligently.”
Which of the following is true?CorrectIncorrect
Plaintiff sued defendant N in federal court, under diversity jurisdiction. Before filing an answer to the complaint, N timely filed a motion to dismiss both for lack of personal jurisdiction and for failure to state a claim on which relief can be granted. The parties respectively filed memoranda in support of and in opposition to these motions. They also filed affidavits, bringing in material from outside the pleadings.
Which of the following propositions should influence the district court when it rules upon these motions?CorrectIncorrect
A driver took her car to a garage to have her squeaking brakes repaired. The garage was owned by a corporation in which she held shares of stock. Unfortunately, rather than fixing the brakes, the garage made them worse. As a result, the driver had a bad accident when her brakes failed as she was navigating a tight curve. She brought a negligence action against the garage as a corporate entity in federal court, asserting diversity jurisdiction. She filed suit one day be- fore the statute of limitations expired and served the garage with process one day after the statute of limitations expired. Eight months later the driver decides to add a shareholder’s derivative claim based on corporate misconduct, but the statute of limitations has long expired.
May she add the shareholder’s derivative claim?CorrectIncorrect
An elderly woman filed a complaint in federal district court, alleging that a salesperson “made fraudulent statements that induced the plaintiff to sign the contract to the plaintiff’s detriment.” The salesperson then filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted.
How should the court rule?CorrectIncorrect