1990-2002_Finals_Arkin

1990-2002_Finals_Arkin - FORDHAM UNIVERSITY SCHOOL O F,L AW...

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FORDHAM UNIVERSITY SCHOOL OF, LAW FINAL EXAMINATION: CIVIL PROCEDURE DATE: MAY 2, 1990 THIS EXAMINATION CONSISTS OF 5 PAGES EXAM NUMBER THIS IS A 4 HOUR EXAMINATION SECTION 2 THIS IS AN OPEN BOOK EXAMINATION PROFESSOR ARXIN MATERIALS WHICH MAY BE USED: ANYTHING EXCEPT COWRCIAUY * 1 . PREPARED OUTLINES, STUDY AIDS, OR TREATISES -------.-.-.-.-.--.------.-.- DIRECTIONS ; " b I\ S b 4 rC 5 his exam include eight with the sugge JNSTRUCTIONS YOU T NS BER, Y A f i D N SE C TXON, AS WELL AS PROFESSOR ARXIN'S NAME ON EAC L c ination is made up of five (5) problems that (8) numbered questions roughly weighted in accord sted times indicated, Take 15 minutes to read the examination through before beginning to organize your answers .and write, 1. Write your identification number, class section, and Professor Arkin's name on ~ach bluebook. Do not write vour name. Please number each bluebook sequentially; if there are four bluebooks, number them 1 of 4, 2 of 4 , etc, 2 . Read each question verv carefullv before you begin to write. Answer the question as asked. 3 . Please,take the time to write legibly, using every other line if necessary. Frame vour answers accordina to the standard rules of Enalish aranmar, Remember, I cannot give credit for what I cannot decipher or understand.. I will not give credit :for outlines l 4. Where necessary or appropriate, state additional.assumptions of fact not contained in the questions and state the alternative results to which those assumptions lead. 5 , Be concise and to the point. 6, Relaxl - CONTINUED ON FOLTAWING PAGE -
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1,. ' 22 Bartlett v. r;aslo Ins, CO. 25 suggested time: 50 minutes A1 ha, a citizen of Ala.bamac,owned an-office building in Flor !?- da Alpha had' insured the building with Laslo Insurance Company, which is incorporated in e, has its principal place of business inJwd York, and does business in all 50 (la~ute os states. The policy provided that it was IEo be governed by the CI-- law of New ~ork3 When Alpha ran into financial difficulties, he took a loan from Bartlett (an Alabama citizen)and put up the building and its insurance policy as security for the loan. Although Alpha delivered the policy to Bartlett'and told Laslots A1,abama agent about the arrangement, a-pha never formally assigned the policy to Bartlett by giving notice to Laslo in New York, as the policy requires ~ubse'wently , ,_Alpha.,.,.nade a-Xr=-er formal assignment of the policy f 6 ~ a r t e r ( a -oration with its principal place -1abama) , to whom AlpKa had leased the building. --- After a fire broke out in the building and destroyed it, Bartlett brought an action against Laslo seeking declaratory and injunctive relief: a declaration that the policy proceeds belonged to Bartlett and an injunction against paying the proceeds to Carter, who had already filed a claim for the proceeds with Laslo. The action was broyqht in federal district court in Florida, Florida state courts "may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United Statesen guestion 1-1, Laslo makes a mot%on to dismiss under Rule 12(b)(7). How should the court rule? Please explain your answer
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