Civil Procedure Sample Exam and Answers

Civil Procedure Sample Exam and Answers - Sample Exam with...

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Sample Exam with Answers CIVIL PROCEDURE PART I: MULTIPLE CHOICE QUESTIONS (24%) GENERAL INSTRUCTIONS Select the best answer to the question presented. In this section, Do not look for "perfect" answers, just the most correct one among those alternatives available to you, in light of the question presented. No explanations are required or allowed. Your answer will either be correct or incorrect, there will be no partial credit for incorrect answers. Circle the letter of your response. Do not assume any facts not given to you. While you are expected to draw reasonable conclusions based on the facts given, you should not assume facts. In this section of the exam, "missing facts" suggest three possibilities: (1) you need to read the question again, i.e., "it's in there somewhere," (2) the fact is not necessary to the resolution of the question, or (3) I made a mistake and you may need to alert me to it (if you are convinced that this is what is going on, do not be afraid to ask the question). Do not look for issues that are not relevant to answering the question. The question asked determines the issues raised, read it carefully and answer the question I asked, with the best possible response among the alternatives given. Applicable Rules. Assume that the applicable rules of procedure are the Federal Rules of Civil Procedure. Long-arm statutes. In answering these questions, you should assume that the applicable long-arm statutes have extended personal jurisdiction to the maximum extent allowed by the Due Process Clause of the Fourteenth Amendment. Residence. Unless otherwise indicated, assume that residence and citizenship are treated equally. 1. Jeffrey Jones has sued Robert Smith in the U.S. District Court for the Northern District of Florida. The complaint was filed on March 22, 2000, and Mr. Smith was served on March 23, 2000. On April 3, 2000, defendant Smith appeared in the case for the first time by filing his Answer to the complaint. He did not raise any Rule 12(b) defenses in the answer. On April 11, 2000, without seeking permission from the court or the consent of Mr. Jones, Mr. Smith filed an Amended Answer, raising, for the first time, the defense of lack of personal jurisdiction; this defense was available when the answer was filed. The matter has not been placed on the trial calendar. Should the Court consider the personal jurisdiction defense? a. No, because the amendment was untimely. b. Yes, because the amendment was timely and the defense has not been waived. c. Yes, and the court should dismiss because the defendant lacks minimum contacts with the forum state. d. No, because that defense has been waived. ANSWER: B I was bit surprised to see that this question was the most difficult in the bunch. I suppose that people took to heart the warning that an amended complaint cannot raise defenses that cannot be raised in the answer, but you forgot that if the party does not file a Rule 12 motion, then the answer may be amended as a matter of course. Lack of Personal Jurisdiction is a least favored defense under 12(h)(1)
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Civil Procedure Sample Exam and Answers - Sample Exam with...

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