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0 [{"id":141107,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 14:14:51","updated_at":"2016-12-13 14:34:24","questionName":"Employee worked as a teller for a neighborhood bank. Two years after his fiftieth birthday, the bank terminated his employment. Employee filed a federal lawsuit against the bank alleging age-based discrimination in violation of federal law. Bank responded by filing a motion to dismiss, contending that employee\u2019s lawsuit failed to state a claim upon which relief can be granted. What is the most likely reason for the district judge\u2019s decision to grant the motion?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":10,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141081,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 13:36:14","updated_at":"2016-12-13 14:32:31","questionName":"Buyer and Seller enter into a contract that contained a forum selection clause reading: \u201cThe parties to this contract agree that any action under this contract shall be brought in the federal district court for the Western District of Pennsylvania. The parties hereby consent to, and waive any objections to, personal jurisdiction, subject-matter jurisdiction, and venue in that forum.\u201d Buyer filed a complaint in federal court in Pennsylvania, and the Seller filed a motion challenging personal jurisdiction and subject-matter jurisdiction. Which of the following best describes the effect of this contract clause?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":0,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141108,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 14:16:03","updated_at":"2016-12-13 14:34:35","questionName":"Vendor Supply Company was a partnership that sold napkins, towels, and other paper products. One of its customers was Widgets Corporation, a business that was incorporated under the laws of Delaware with its principal place of business in Houston, Texas. For non-payment on a delinquent invoice, Vendor Supplies Company sued Widgets Corporation in Iowa federal court, alleging common law breach of contract. During trial, a witness testified for the first time that one of the general partners in Vendor Supply Company was a retired accountant who was domiciled in Dallas, Texas. Can Widgets Corporation now have the lawsuit dismissed from federal court for law of proper diversity?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":11,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141083,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 13:38:23","updated_at":"2016-12-13 14:32:51","questionName":"Guest was injured seriously at Amusement Park in Ohio when the safety bar of the rollercoaster car in which he was riding released, causing him to fall unexpectedly from the ride. He sued in Ohio State court in a single-count complaint, naming as defendants Amusement Park, Ride Manager, and Ride Operator. Guest was a citizen of Indiana; all defendants were citizens of Ohio. Guest\u2019s Attorney served original process on Amusement Park on September 1. Identifying and then locating service addresses for Ride Manager and Ride Operator, however, proved to be more time consuming. Both Ride Manager and Ride Operator were served on November 1. On November 15, Ride Operator filed a notice of removal to federal court. Is the notice of removal proper?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":2,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141110,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 14:17:12","updated_at":"2016-12-13 14:34:48","questionName":"A trucker who works for a trucking company is traveling at a high rate of speed during a snowstorm while working for the company. The trucker loses control of the truck and is involved in an accident with a driver. The company prepares a report to address a threat of imminent litigation with the driver regarding the accident. Two weeks after the report is completed, the driver files a claim in federal court against the company. The driver seeks $100,000 from the company for damages sustained in the accident. During discovery, the company refuses to disclose the report, claiming that it is not discoverable. Is the company correct in its assertion that the report is not discoverable?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":12,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141113,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 14:18:52","updated_at":"2016-12-13 14:35:13","questionName":"A driver was operating a 1963 Corvette Stingray sports car on a highway and was involved in a crash with a motorcyclist. The driver was texting at the time of the crash. The motorcyclist believed that the accident was caused by the driver\u2019s negligence, and the motorcyclist filed a claim in federal court, seeking $175,000 from the driver for injuries sustained in the accident. The motorcyclist hires an expert to testify at trial. The motorcyclist\u2019s lawyer and the expert witness communicate through emails. One email, dated June 11, concerns the compensation to be paid to the expert for the expert\u2019s testimony as well as data provided by the lawyer that the expert considered in forming opinions. During discovery, is the motorcyclist required to disclose the June 11 email to the driver?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":14,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141084,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 13:39:08","updated_at":"2016-12-13 14:33:02","questionName":"An inventor from State A holds a patent for a device that increases fuel economy in gasoline-fueled combustion engines. An opportunist from State B learns of the inventor\u2019s device and begins manufacturing and selling an identical device, marketing it as the opportunist\u2019s own invention. The inventor sues the opportunist in federal court in State B. The inventor\u2019s complaint sought $500,000 in damages and alleged patent infringement under federal law. The opportunist denied the allegations by filing an answer to the complaint. The day after filing the answer, the opportunist moved to dismiss the action for lack of subject-matter jurisdiction. Should the court grant the motion to dismiss?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":3,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141097,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 14:08:23","updated_at":"2016-12-13 14:33:14","questionName":"A contractor from State A completed the remodeling of a corporation\u2019s main office, located in State A. The corporation\u2019s principal place of business is in State A, and the corporation is incorporated in State C. The corporation failed to pay the contractor for the completed work. The contractor filed a breach of contract claim in federal court in State C against the corporation. The complaint seeks $100,000 in damages. Does the federal court have original jurisdiction over the case?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":4,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141111,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 14:18:08","updated_at":"2016-12-13 14:35:00","questionName":"A defendant involved in a claim of patent infringement obtains a court order that requires the plaintiff to disclose certain materials that the plaintiff prepared in anticipation of litigation. The court granted the motion because it found that the materials were otherwise discoverable, the defendant had substantial need for the materials to prepare its case, and the defendant would have been unable, without undue hardship, to obtain the substantial equivalent of the materials by other means. Which of the following is correct?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":13,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141082,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 13:37:06","updated_at":"2016-12-13 14:32:41","questionName":"Movie Star had a disagreement with Agent. Agent sued Movie Star in federal court, asserting one count for breach of contract seeking $57,000 and one count for defamation seeking $200,000. Assume that there is complete diversity of citizenship. Will the federal court be able to exercise diversity jurisdiction over either or both claims?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":1,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141105,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 14:13:46","updated_at":"2016-12-13 14:34:12","questionName":"Citizen sued the Mayor in federal court. Mayor filed a motion to dismiss for failure to state a claim under Rule 12(b)(6), attaching as an exhibit an affidavit setting forth facts that would establish immunity for Mayor. In addressing Mayor\u2019s Rule 12(b)(6) motion, may the court consider the affidavit as support for a dispositive ruling in favor of Mayor?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":9,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141104,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 14:13:04","updated_at":"2016-12-13 14:33:59","questionName":"Rule 11 of the Federal Rules of Civil Procedure would not authorize which of the following sanctions?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":8,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141102,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 14:11:20","updated_at":"2016-12-13 14:33:47","questionName":"Child\u2019s parents are divorced; both are citizens of Tennessee. While on an extended business trip to Kentucky, Custodial Parent enrolled Child in Day Care Center. During an unsupervised playtime incident, Child fell, suffering a serious eye injury that resulted in permanent right-eye blindness. To avoid a dismissal, what must Custodial Parent allege in a federal lawsuit against Day Care Center?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":7,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141099,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 14:09:40","updated_at":"2016-12-13 14:33:24","questionName":"Three Partners co-owned a hardware store in Little Rock, Arkansas. Two of the Partners conspired to force the third Partner out of the business. That owner, Partner 3, brought a lawsuit against the two conspiring owners (Partner 1 and Partner 2) in Arkansas federal court, and those conspiring owners pleaded in response. Which of the following Partners has filed an untimely answer in that federal lawsuit?","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":5,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null},{"id":141100,"quiz_id":"9114","answer_id":null,"answerType_id":"0","created_at":"2016-12-13 14:10:35","updated_at":"2016-12-13 14:33:36","questionName":"Contractor was constructing a building for Owner. During the project, Owner and Contractor discussed a variety of changes to the design on the building. At the end of the project, Contractor provided Owner with an invoice that included substantial additional charges based on these changes. Owner denied ever having agreed to a change order and refused to pay. Contractor sued Owner in a State that has adopted the Federal Rules of Civil Procedure as its State procedural rules, asserting in Count I a claim for breach of contract relating to the contractual change orders, and in Count II a claim for unjust enrichment. Assume that unjust enrichment claims only exist in the absence of a contract under this State\u2019s laws. Owner filed a motion to dismiss, arguing that Contractor cannot pursue two inconsistent claims and must elect one or the other.","questionTimeSeconds":"0","questionTimeMinutes":"2","questionImagePath":null,"position":6,"explanation":"","question_score_id":null,"lang":null,"questionAudioPath":null}]
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Employee worked as a teller for a neighborhood bank. Two years after his fiftieth birthday, the bank terminated his employment. Employee filed a federal lawsuit against the bank alleging age-based discrimination in violation of federal law. Bank responded by filing a motion to dismiss, contending that employee’s lawsuit failed to state a claim upon which relief can be granted. What is the most likely reason for the district judge’s decision to grant the motion?

Select the correct answer(s).  

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