1L Civil Procedure Final Exam with
Complete Solutions
Subject Matter Jurisdiction - ANSWER-power of a court to enter judgment that is
binding against particular subject matter(s); Can the court hear this kind of case?
Federal Court Subject Matter Jurisdiction - ANSWER-Congress defines the particular
subject matters that federal courts are able to hear; federal courts will hear cases with
diversity jurisdiction and cases that involve a dispute over $75,000 or more
Diversity Jurisdiction - ANSWER-all cases in law and equity involving an arising
between citizens in different states
Personal Jurisdiction - ANSWER-power of a court under the Constitution to enter
judgment that is a binding order against the particular defendant(s) before the court in a
particular case; Can this defendant be bound?
General Jurisdiction - ANSWER-a court may assert general jurisdiction over foreign
corporations to hear any and all claims against them when their affiliations with the state
are so "continuous and systematic" as to render them essentially at home
Goodyear Dunlop Tires Operations v. Brown - ANSWER-A bus accident outside of
Paris killed two boys from NC. A defective tire contributed to the accident. They sued
Goodyear USA and 3 of the Goodyear's subsidiaries (Turkey, Paris, and Luxembourg).
Goodyear USA submitted to the trial in NC, but the subsidiaries objected through lack of
jurisdiction
Holding: the connection (tires "stream of commerce") between the foreign subsidiaries
and the forum state (NC) is so limited that it is an inadequate basis for general
jurisdiction.
Rule: A state court may not exercise general jurisdiction over a foreign subsidiary of a
United States-based corporation unless it engages in continuous and systematic
activities in the forum state.
Daimler AG v. Bauman - ANSWER-Alleges that MB Argentina collaborated with
Argentinian state security forces to kidnap, detain, torture and kill πs and their relatives.
∆ is Daimler because MB Argentina was a subsidiary wholly owned by Daimler's indirect
subsidiary (MBUSA). Daimler's affiliations with California are not so substantial that they
justify this suit being heard there. Daimler and MBUSA are incorporated and have their
principal places of business outside of California.
,Holding: Daimler is not at home in Cali and cannot be subjected to general jurisdiction
there
Rule: A court may assert general jurisdiction over a corporation when the corporation's
affiliations with the forum state are so continuous and systematic as to render the
corporation essentially at home in the state.
Burnham v. Superior Court - ANSWER-Husband and wife live in NJ and agree to
divorce over irreconcilable differences, but wife moves away causing husband to
divorce for desertion although he never attempts to serve her with a process. Wife then
files divorce in California.
Rule: A non-resident is properly served if he is physically present in the forum state, and
the forum state may exercise personal jurisdiction over him without violating due
process
Carnival Cruise Lines, Inc. v. Shute - ANSWER-The Shutes buy a ticket for a carnival
cruise. They are in Washington state and board the cruise in LA. Mrs. Shrute fell and
was injured. They brought suit in Washington district court. On the ticket, it had a forum
clause of FL. b. The court held this forum selection clause was enforceable because it
limits the form in which Carnival could be sued and Carnival passes along the resulting
savings in the form of less expensive cruise fairs.
Rule: A forum selection clause is not fundamentally unfair solely because the clause
was not negotiated.
Test for Citizenship in Diversity Disputes - ANSWER-Citizenship is determined by place
of domicile. Individuals are citizens of the place in which they are domiciled.
Domicile - ANSWER-established by physical presence in a place in connection with a
certain state of mind concerning one's intent to remain there
Removal Statute - ANSWER-allows the defendant to remove a case to federal court if
the case has the ability to be moved
Reasons for Filing a Case in a Specific Court - ANSWER-it's a court you are more
familiar with as a lawyer, formal vs. informal courts, jury pools
Two Kinds of Notice of Service of Process - ANSWER-Waiver of Service and Summons
Waiver of Service - ANSWER-inexpensive and informal method of notice; involves
mailing the defendant the complaint; if the defendant agrees to waive service the suit
can proceed
,Summons - ANSWER-an order to appear in court that is required if a defendant does
not cooperate; Lawyer drafts a summons and takes it to the clerk of the court who signs
and seals it. The summons and the complaint are "served" (delivered) to the defendant
in one of the ways authorized by Rule 4.
Complaint - ANSWER-drafted after plaintiff has decided which court to bring a particular
action; document that commences a civil action; a copy must be filed with the court; a
copy must be delivered to the defendant
Rule 1 - ANSWER-the federal rules of civil procedure govern the procedure in all civil
actions and proceedings in the United States district courts. They should be construed,
administered, and employed by the court and the parties to secure the just, speedy, and
inexpensive determination of every action and proceeding.
Rule 2 - ANSWER-There is one form of action--the civil action.
Rule 3 - ANSWER-a civil action is commenced by filing a complaint with the court
Rule 4 (a) - ANSWER-(1) [Contents] A summons must:
(A) Name the court and the parties,
(B) Be directed to the defendant,
(C) State the name and address of the plaintiff's attorney or the plaintiff (if not
represented),
(D) State the time within which the defendant must appear and defend,
(E) Notify the defendant that failure to appear and defend will result in a default
judgment against the defendant for the relief demanded in the complaint,
(F) Be signed by the clerk, AND
(G)Bear the court's seal
(2) [Amendments] the court may permit a summons to be amended
Rule 4 (b) - ANSWER-[Issuance]
On or after filing the complaint, the plaintiff may present a summons to the clerk for
signature and seal,
If the summons is properly completed, the clerk must sign, seal, and issue it to the
plaintiff for service on the defendant.
A summons--or a copy of a summons that is addressed to multiple defendants--must be
issued for each defendant to be served.
Rule 4 (c) - ANSWER-[Service]
(1) A summons must be served with a copy of the complaint. The plaintiff is responsible
for having the summons and complaint served within the time allowed and must furnish
the necessary copies to the person who makes service.
, (2) Any person who is at least 18 years old and not a party may serve a summons and
complaint.
(3) At the plaintiff's request, the court may order that service be made by a United
States marshal or deputy marshal or by a person specially appointed by the court.
Rule 4(d)(1) - ANSWER-[Waiving Service]
(1) Requesting a Waiver. An individual, corporation, or association that is subject to
service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving
the summons.
The plaintiff may notify such a defendant that an action has been commenced and
request that the defendant waive service of a summons.
The notice and request must:
(A) be in writing and be addressed to the individual defendant or for a defendant subject
to service
(B) name the court where the complaint was filed
(C) be accompanied by a copy of the complaint, 2 copies of the waiver form, and a
prepaid means for returning the form
(D) inform the defendant using the form of the consequences of waiving and not waiving
service
(E) state the date when the request is sent
(F) give the defendant a reasonable time of at least 30 days after the request was sent
or at least 60 days after the request was sent to the defendant outside any judicial
district of the US to return the waiver
(G) be sent by first-class mail or other reliable means
Rule 4(d)(2) - ANSWER-[Waiving Service]
(2) Failure to Waive. If a defendant located within the United States fails, without good
cause, to sign and return a waiver requested by a plaintiff located within the United
States, the court must impose on the defendant:
(A) the expenses later incurred in making service
(B) the reasonable expenses, including attorney's fees, of any motion required to collect
those service expenses
Rule 4(d)(3)-(5) - ANSWER-(3) Time to Answer After a Waiver. A defendant who,
before being served with process, timely returns a waiver need not serve an answer to
the complaint until 60 days after the request was sent--or until 90 days after it was sent
to the defendant outside any judicial district of the United States.
Complete Solutions
Subject Matter Jurisdiction - ANSWER-power of a court to enter judgment that is
binding against particular subject matter(s); Can the court hear this kind of case?
Federal Court Subject Matter Jurisdiction - ANSWER-Congress defines the particular
subject matters that federal courts are able to hear; federal courts will hear cases with
diversity jurisdiction and cases that involve a dispute over $75,000 or more
Diversity Jurisdiction - ANSWER-all cases in law and equity involving an arising
between citizens in different states
Personal Jurisdiction - ANSWER-power of a court under the Constitution to enter
judgment that is a binding order against the particular defendant(s) before the court in a
particular case; Can this defendant be bound?
General Jurisdiction - ANSWER-a court may assert general jurisdiction over foreign
corporations to hear any and all claims against them when their affiliations with the state
are so "continuous and systematic" as to render them essentially at home
Goodyear Dunlop Tires Operations v. Brown - ANSWER-A bus accident outside of
Paris killed two boys from NC. A defective tire contributed to the accident. They sued
Goodyear USA and 3 of the Goodyear's subsidiaries (Turkey, Paris, and Luxembourg).
Goodyear USA submitted to the trial in NC, but the subsidiaries objected through lack of
jurisdiction
Holding: the connection (tires "stream of commerce") between the foreign subsidiaries
and the forum state (NC) is so limited that it is an inadequate basis for general
jurisdiction.
Rule: A state court may not exercise general jurisdiction over a foreign subsidiary of a
United States-based corporation unless it engages in continuous and systematic
activities in the forum state.
Daimler AG v. Bauman - ANSWER-Alleges that MB Argentina collaborated with
Argentinian state security forces to kidnap, detain, torture and kill πs and their relatives.
∆ is Daimler because MB Argentina was a subsidiary wholly owned by Daimler's indirect
subsidiary (MBUSA). Daimler's affiliations with California are not so substantial that they
justify this suit being heard there. Daimler and MBUSA are incorporated and have their
principal places of business outside of California.
,Holding: Daimler is not at home in Cali and cannot be subjected to general jurisdiction
there
Rule: A court may assert general jurisdiction over a corporation when the corporation's
affiliations with the forum state are so continuous and systematic as to render the
corporation essentially at home in the state.
Burnham v. Superior Court - ANSWER-Husband and wife live in NJ and agree to
divorce over irreconcilable differences, but wife moves away causing husband to
divorce for desertion although he never attempts to serve her with a process. Wife then
files divorce in California.
Rule: A non-resident is properly served if he is physically present in the forum state, and
the forum state may exercise personal jurisdiction over him without violating due
process
Carnival Cruise Lines, Inc. v. Shute - ANSWER-The Shutes buy a ticket for a carnival
cruise. They are in Washington state and board the cruise in LA. Mrs. Shrute fell and
was injured. They brought suit in Washington district court. On the ticket, it had a forum
clause of FL. b. The court held this forum selection clause was enforceable because it
limits the form in which Carnival could be sued and Carnival passes along the resulting
savings in the form of less expensive cruise fairs.
Rule: A forum selection clause is not fundamentally unfair solely because the clause
was not negotiated.
Test for Citizenship in Diversity Disputes - ANSWER-Citizenship is determined by place
of domicile. Individuals are citizens of the place in which they are domiciled.
Domicile - ANSWER-established by physical presence in a place in connection with a
certain state of mind concerning one's intent to remain there
Removal Statute - ANSWER-allows the defendant to remove a case to federal court if
the case has the ability to be moved
Reasons for Filing a Case in a Specific Court - ANSWER-it's a court you are more
familiar with as a lawyer, formal vs. informal courts, jury pools
Two Kinds of Notice of Service of Process - ANSWER-Waiver of Service and Summons
Waiver of Service - ANSWER-inexpensive and informal method of notice; involves
mailing the defendant the complaint; if the defendant agrees to waive service the suit
can proceed
,Summons - ANSWER-an order to appear in court that is required if a defendant does
not cooperate; Lawyer drafts a summons and takes it to the clerk of the court who signs
and seals it. The summons and the complaint are "served" (delivered) to the defendant
in one of the ways authorized by Rule 4.
Complaint - ANSWER-drafted after plaintiff has decided which court to bring a particular
action; document that commences a civil action; a copy must be filed with the court; a
copy must be delivered to the defendant
Rule 1 - ANSWER-the federal rules of civil procedure govern the procedure in all civil
actions and proceedings in the United States district courts. They should be construed,
administered, and employed by the court and the parties to secure the just, speedy, and
inexpensive determination of every action and proceeding.
Rule 2 - ANSWER-There is one form of action--the civil action.
Rule 3 - ANSWER-a civil action is commenced by filing a complaint with the court
Rule 4 (a) - ANSWER-(1) [Contents] A summons must:
(A) Name the court and the parties,
(B) Be directed to the defendant,
(C) State the name and address of the plaintiff's attorney or the plaintiff (if not
represented),
(D) State the time within which the defendant must appear and defend,
(E) Notify the defendant that failure to appear and defend will result in a default
judgment against the defendant for the relief demanded in the complaint,
(F) Be signed by the clerk, AND
(G)Bear the court's seal
(2) [Amendments] the court may permit a summons to be amended
Rule 4 (b) - ANSWER-[Issuance]
On or after filing the complaint, the plaintiff may present a summons to the clerk for
signature and seal,
If the summons is properly completed, the clerk must sign, seal, and issue it to the
plaintiff for service on the defendant.
A summons--or a copy of a summons that is addressed to multiple defendants--must be
issued for each defendant to be served.
Rule 4 (c) - ANSWER-[Service]
(1) A summons must be served with a copy of the complaint. The plaintiff is responsible
for having the summons and complaint served within the time allowed and must furnish
the necessary copies to the person who makes service.
, (2) Any person who is at least 18 years old and not a party may serve a summons and
complaint.
(3) At the plaintiff's request, the court may order that service be made by a United
States marshal or deputy marshal or by a person specially appointed by the court.
Rule 4(d)(1) - ANSWER-[Waiving Service]
(1) Requesting a Waiver. An individual, corporation, or association that is subject to
service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving
the summons.
The plaintiff may notify such a defendant that an action has been commenced and
request that the defendant waive service of a summons.
The notice and request must:
(A) be in writing and be addressed to the individual defendant or for a defendant subject
to service
(B) name the court where the complaint was filed
(C) be accompanied by a copy of the complaint, 2 copies of the waiver form, and a
prepaid means for returning the form
(D) inform the defendant using the form of the consequences of waiving and not waiving
service
(E) state the date when the request is sent
(F) give the defendant a reasonable time of at least 30 days after the request was sent
or at least 60 days after the request was sent to the defendant outside any judicial
district of the US to return the waiver
(G) be sent by first-class mail or other reliable means
Rule 4(d)(2) - ANSWER-[Waiving Service]
(2) Failure to Waive. If a defendant located within the United States fails, without good
cause, to sign and return a waiver requested by a plaintiff located within the United
States, the court must impose on the defendant:
(A) the expenses later incurred in making service
(B) the reasonable expenses, including attorney's fees, of any motion required to collect
those service expenses
Rule 4(d)(3)-(5) - ANSWER-(3) Time to Answer After a Waiver. A defendant who,
before being served with process, timely returns a waiver need not serve an answer to
the complaint until 60 days after the request was sent--or until 90 days after it was sent
to the defendant outside any judicial district of the United States.
