Kibel_CivPro_Exam_Fa10

Friends partii brecommendedtime20minutes

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Unformatted text preview: B) – If it is determined that the federal district court has proper federal question subject matter jurisdiction over the Estate’s second count against Jest related to federal copyright law, may the federal district court properly exercise (or properly refuse to exercise) supplemental jurisdiction over the Estate’s first count against Jest related to the alleged defamation of Hemingway’s reputation? END OF PART I KIBEL: Civ Pro II, Final, 10FL Page 2 of 4 EXAM#____________ Part II—Short Answers Recommended Time – 60 Minutes Part II (A): Recommended Time – 20 minutes To what extent did the United States Supreme Court change, confirm and/or clarify its understanding of the diversity subject matter jurisdiction requirements for corporations in its 2010 decision in Hertz Corporation v. Friends. Part II (B): Recommended Time – 20 minutes Discuss how the “outcome determinative” test relied upon by the United States Supreme Court in Guaranty Trust v. York (1945) was later incorporated, translated or otherwise reinterpreted into the “bound up/rules of form and mode” methodology employed by the United States Supreme Court in Byrd v. Blue Ridge Rural Electric Company (1958)....
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