Spartan Lawyer Winter 2019
CIVIL PROCEDURE with Professor Philip Pucillo – Are You Smarter than a Law Student?
Whoever said that “rules are meant to be broken” has clearly never taken Civil Procedure. Let’s see how much you remember - and perhaps what you’ve learned since - from your first-year Civ Pro class.
(And if it’s tougher than you remember, you can always check your answers at the bottom of the page!)
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Pamela (a Michigan citizen) filed an action in the U.S. District Court for the Western District of Michigan against David (an Ohio citizen), asserting a claim for breach of contract under Michigan law. She made a demand of $100,000 in compensatory damages.
Should the U.S. District Court dismiss Pamela’s action for lack of subject-matter jurisdiction?
- No, provided that the $100,000 in damages were demanded by Pamela in good faith.
- No, unless David became a Michigan citizen while his motion to dismiss was pending.
- Yes, because Pamela’s claim is governed by Michigan law (as opposed to federal law).
- Yes, because a Michigan citizen may not bring this kind of action in a U.S. District Court located in Michigan.
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Penelope filed an action in the U.S. District Court for the Western District of Michigan against Dana, asserting a claim for trademark infringement under federal law.
Assuming that Dana is a legally competent adult who is based in a U.S. Judicial District, which of the following situations would provide Dana with grounds to move to dismiss Penelope’s complaint for insufficient service of process?
- Following Michigan rules governing service of process in Michigan Circuit Court, Penelope sent to Dana a copy of the summons and complaint by certified mail (return receipt requested and delivery restricted to Dana). Dana subsequently acknowledged receipt of the mail.
- Penelope stopped by Dana’s home and delivered a copy of the summons and complaint to Dana personally.
- A deputy marshal stopped by Dana’s home and left a copy of the summons and complaint with Harry (Dana’s husband).
- A deputy marshal delivered a copy of the summons and complaint to Andy (an agent authorized by appointment to receive service of process for Dana).
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Paul (an Ohio citizen) filed an action in Ingham County Circuit Court against Delaney (a Michigan citizen), asserting a claim for breach of contract under Michigan law. Paul made a good-faith demand of $100,000 in compensatory damages.
Delaney responded to Paul’s action by filing a timely notice of removal with the U.S. District Court for the Western District of Michigan. Paul thereafter filed a timely motion to remand.
Should the U.S. District Court remand Paul’s action to Ingham County Circuit Court?
- No, because the Ingham County Circuit Court has no subject-matter jurisdiction over the action.
- No, because the U.S. District Court has subject-matter jurisdiction over the action.
- Yes, because the U.S. District Court has no subject-matter jurisdiction over the action.
- Yes, because a Michigan citizen may not remove this kind of action to a U.S. District Court located in Michigan.
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Peter filed an action in the U.S. District Court for the Western District of Michigan against Donald Corp., his employer, asserting a claim for employment discrimination under federal law.
In which of the following situations would Donald Corp. waive a defense of improper venue?
- Donald Corp. filed a pre-answer motion to dismiss for improper venue. After that motion was denied, Donald Corp. filed an answer in which it did not assert a defense of improper venue.
- Donald Corp. filed a pre-answer motion to dismiss for (1) lack of subject-matter jurisdiction; and (2) improper venue. After that motion was denied, Donald Corp. filed an answer in which it did not assert a defense of improper venue.
- Donald Corp. filed a pre-answer motion to dismiss for lack of personal jurisdiction. After that motion was denied, Donald Corp. filed an answer in which it asserted a defense of improper venue.
- In lieu of filing any pre-answer motion at all, Donald Corp. filed an answer in which it asserted a defense of improper venue.
CIVIL PROCEDURE QUIZ ANSWERS: 1. A, 2. B, 3. D, 4. C