5 minute questions and answers

5 minute questions and answers - Some of the 5 Minute...

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Some of the 5 Minute questions and answers – word-for-word: 1. Plaintiff joins a legal claim for damages and an equitable claim for specific performance in a suit brought in Pacifica state court. Both claims are based on the same alleged breach of contract. The trial judge orders that the equitable claim be tried first to the court despite plaintiff’s objection that doing so would violate the 7 th amendment right to a jury trial. Is plaintiff’s objection well taken? Briefly say why or why not? (Spring 1997 exam) a. No, it is not well taken. 7th amendment not incorporated into 14 th , so couldn’t look to 7 th for state laws. P would need to look to state constitution, not US Constitution. 2. Plaintiff sues an Arkabama resident in Pacifica state court on a claim based on events and omissions that occurred wholly in the State of Arkabama. Personal jurisdiction over the defendant is based on service of process while the defendant was in Pacifica. Defendant timely removes the case to the United States District Court for the District Court of Pacifica and timely seeks dismissal or transfer of the suit based on improper venue. How should the court rule on the motion? (Spring 1997 exam) a. Court should deny D’s motion. As long as the case was removed to federal court for Pacifica District (the state in which it resides), and it is in this case, the venue requirements don’t apply to cases removed from state court. 3. May a party or lawyer in federal district court ever sign a pleading alleging facts for which he has no evidentiary support without violating Rule 11? Explain briefly. (Spring 1997) a. Yes, see Rule 11(b)(3). If the facts are specifically so identified that they are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery, it may be allowed. Lawyer must be careful to have conducted a reasonable inquiry and he believes the facts will be backed up alter by discovery. Reasonable belief is the touchstone. 4. May a defendant deny an allegation of the complaint on the ground that plaintiff will be unable to meet her burden of production at trial on that allegation? Explain briefly. (Fall 1997 exam) a. A defendant may only deny an allegation because he believes the allegation not to be true, or because he is without knowledge or information sufficient to know the truth. Denying on the ground that the plaintiff would be unable to meet the burden of production serves no purpose and is improper. 1
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5. A defendant may collaterally attack a judgment if that defendant makes no appearance at all (not even one only to contest personal jurisdiction) in the first suit, and default judgment was entered against defendant in the first suit. When the plaintiff attempts to enforce the default judgment in defendant’s home state, the defendant will be able to collaterally attack the judgment on the grounds that the court which rendered the judgment in suit 1 did not have personal jurisdiction over the defendant (defendant will not be able to raise a defense on the merits). This was the
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This note was uploaded on 08/28/2008 for the course LAW 433 taught by Professor Wooley during the Spring '08 term at University of Texas at Austin.

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5 minute questions and answers - Some of the 5 Minute...

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