18 - CIVIL PROCEDURE FINAL EXAMINATION Ventura College of...

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CIVIL PROCEDURE FINAL EXAMINATION Ventura College of Law Spring 2004 Instructor: Craig Smith QUESTION 1 Moe was a contestant on a TV reality show, “Law School Survivor.” Prior to being permitted to participate in the show, he signed an agreement with the producers of the show, the essential terms of which provided that he agreed to be bound by the contest rules and that the producers’ interpretation of the rules and decisions concerning all matters of the game are final. Moe was voted off the island in the second week. He feels that the manner in which he was voted off violated the contest rules. Moe files suit in the federal district court for the Central District of California, alleging that in permitting him to be voted off the island the producers violated the Federal Broadcast Standards Act (a law enacted by the United States Congress), breached their contract with him and in violating the rules also committed the tort of intentional infliction of emotional distress. The producers (defendants) make a motion to dismiss the Federal Broadcast Standards Act claim arguing that Moe has failed to state a claim for which relief can be granted under that act. The district court grants the motion. The court also dismisses the breach of contract and tort claims on the grounds that there is now no federal claim which would permit the court to exercise supplemental jurisdiction over the state law claims. Moe then files a complaint in the California Superior Court alleging the breach of contract and tort claims as well as the Federal Broadcast Standards Act claim. (Assume that the California state court has concurrent subject matter jurisdiction to hear the federal claim.) The defendants make a motion to dismiss all of the claims in the state lawsuit, arguing that the claims were heard, considered and disposed of by the federal court. How should the state court rule on each claim? Discuss fully. Assume that the case proceeds to trial in the state court on the breach of contract and tort claims. The defendants want to argue that a previous contestant, Curly, had sued them alleging breach of contract and fraud and the court found that the provision of the rules providing that the decision of the producers was final meant they had unfettered discretion to eliminate contestants. The producers argue that they are entitled to a finding in their favor on this issue and that Moe is not entitled to an opportunity to litigate whether or not the decision of the producers is final. How should the court rule?
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QUESTION 2 Bert was a resident and citizen of Nevada. He had previously been a resident of California but moved to Nevada a few weeks before he received a substantial royalty payment on a book he wrote while living in California. Based on this, the California Franchise Tax Board (FTB) audited Bert and determined that he owed California state taxes and also imposed civil fraud penalties in excess of $200,000. Bert then filed suit against the FTB in federal court in Nevada. He alleges that FTB directed
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This note was uploaded on 11/05/2009 for the course MATH 120 taught by Professor Gerogestan during the Winter '08 term at Santa Barbara City.

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18 - CIVIL PROCEDURE FINAL EXAMINATION Ventura College of...

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