NCBE CIVIL PROCEDURE (10 QS) QUESTIONS
WITH 100% ACCURATE ANSWERS
Can Subject Matter jurisdiction be waived if not initially raised in the Motion or the Answer? - Accurate
answers No.
Federal Rule 12(h)(3) => subject-matter jurisdiction cannot be waived and the court can determine at
ANY TIME that it lacks subject-matter jurisdiction.
--> Therefore, a delay of six months before raising the "lack of subject-matter jurisdiction" issue is
immaterial and the court will not deny his Motion to Dismiss on that basis.
--> Subject-matter jurisdiction is proper under 28 U.S.C. § 1331 as a general federal-question action. No
minimum amount in controversy is required.
May a businessman (D) be served by delivering process to a third party (a secretary /employee) found at
the defendant's place of employment? - Accurate answers No.
Federal Rule 4(e)(2) => An individual defendant may be served by:
- Delivering a copy of the summons and complaint to an agent AUTHORIZED:
a) by appointment or
b) by law
.....to receive service of process on BEHALF of the defendant.
* There is NO general authority to serve process on third parties at a defendant's place of employment.
A truck driver from State A and a bus driver from State B were involved in a collision in State B that
injured the truck driver. The truck driver filed a federal diversity action in State B based on negligence,
seeking $100,000 in damages from the bus driver.
What law of negligence should the court apply? - Accurate answers The court should determine
which state's negligence law a state court in State B would apply and apply that law in this action.
=> In a federal diversity action, a court must look to the CHOICE-OF-LAW rules of the "state in which it
sits" to determine which of two competing states' laws should be applied to the action before it.
A patent holder brought a patent infringement action in federal court against a licensee of the patent.
The patent holder believed that a jury would be more sympathetic to his claims than a judge, and asked
his lawyer to obtain a jury trial.
What should the lawyer do to secure the patent holder's right to a jury trial? - Accurate answers
File and serve a COMPLAINT that INCLUDES a 'Jury Trial 'demand.
=> Federal Rule 38(b)(1): Provides specifically that a jury trial demand MAY be included in a PLEADING.
--> Therefore, including it in a properly filed and served Complaint secures the right.
How to dismiss 3rd Party claims. - Accurate answers Third-party claims => fall within the court's
Supplemental jurisdiction, so there is NO NEED to have diversity between the D and the third party.
WITH 100% ACCURATE ANSWERS
Can Subject Matter jurisdiction be waived if not initially raised in the Motion or the Answer? - Accurate
answers No.
Federal Rule 12(h)(3) => subject-matter jurisdiction cannot be waived and the court can determine at
ANY TIME that it lacks subject-matter jurisdiction.
--> Therefore, a delay of six months before raising the "lack of subject-matter jurisdiction" issue is
immaterial and the court will not deny his Motion to Dismiss on that basis.
--> Subject-matter jurisdiction is proper under 28 U.S.C. § 1331 as a general federal-question action. No
minimum amount in controversy is required.
May a businessman (D) be served by delivering process to a third party (a secretary /employee) found at
the defendant's place of employment? - Accurate answers No.
Federal Rule 4(e)(2) => An individual defendant may be served by:
- Delivering a copy of the summons and complaint to an agent AUTHORIZED:
a) by appointment or
b) by law
.....to receive service of process on BEHALF of the defendant.
* There is NO general authority to serve process on third parties at a defendant's place of employment.
A truck driver from State A and a bus driver from State B were involved in a collision in State B that
injured the truck driver. The truck driver filed a federal diversity action in State B based on negligence,
seeking $100,000 in damages from the bus driver.
What law of negligence should the court apply? - Accurate answers The court should determine
which state's negligence law a state court in State B would apply and apply that law in this action.
=> In a federal diversity action, a court must look to the CHOICE-OF-LAW rules of the "state in which it
sits" to determine which of two competing states' laws should be applied to the action before it.
A patent holder brought a patent infringement action in federal court against a licensee of the patent.
The patent holder believed that a jury would be more sympathetic to his claims than a judge, and asked
his lawyer to obtain a jury trial.
What should the lawyer do to secure the patent holder's right to a jury trial? - Accurate answers
File and serve a COMPLAINT that INCLUDES a 'Jury Trial 'demand.
=> Federal Rule 38(b)(1): Provides specifically that a jury trial demand MAY be included in a PLEADING.
--> Therefore, including it in a properly filed and served Complaint secures the right.
How to dismiss 3rd Party claims. - Accurate answers Third-party claims => fall within the court's
Supplemental jurisdiction, so there is NO NEED to have diversity between the D and the third party.
