MBE: CIV PRO Adaptibar Questions with Correct Answers 100% Verified|
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A patient from State A sued a pharmacist from State B in a federal district court located in State
A, seeking $100,000 compensation for tortious injuries caused by the pharmacist's allegedly
negligent acts which occurred in State B. The pharmacist has never been to State A and has
never had any contacts whatsoever with State A. Prior to filing an answer to the patient's
complaint, the pharmacist's lawyer filed a motion to dismiss for failure to state a claim upon
which relief can be granted, which the court denied. Then, after answering the patient's
complaint, the pharmacist's lawyer filed a second motion to dismiss for lack of personal
jurisdiction.
Is the court likely to grant the pharmacist's motion to dismiss?
A. no because the parties are completely diverse and the amount in controversy exceeds
$75,000
B. no because the pharmacist waived the personal jurisdiction defense
C. yes because a lack of personal j B. no because the pharmacist waived the personal
jurisdiction defense
**pharmacist waives PJ defense by failing to assert it in the 1st pre-answer motion to dismiss
A tennis player from State A filed a diversity action in State B federal court against a reporter
from State B. The tennis player alleged that the reporter failed to pay a debt due on a valid
contract. The reporter filed a motion to dismiss for improper venue, which the court denied.
The reporter then filed an answer and argued raising two affirmative defenses: (1) that the
court lacks personal jurisdiction and (2) that the action is barred by the statute of limitations.
, What is the tennis player's strongest response to the reporter's answer?
A. file a motion to strike both the lack of personal jurisdiction and the statute of limitations
affirmative defenses, on the ground that they were waived
B. file a motion to strike only the reporter's affirmative defense for lack of personal jurisdiction,
on the ground that it has been waived
C. file a motion to strike only the reporter's SOL affirmative defense, on the g B. file a
motion to strike only the reporter's affirmative defense for lack of personal jurisdiction, on the
ground that it has been waived
**by filing the initial motion to dismiss without raising lack of PJ defense, the reporter WAIVED
the defense & consented to PJ
A supermarket from State A filed a diversity action in State A federal court, against a farmer
from State B. The supermarket sought $175,000 pursuant to a contract dispute. Each side
presented their case, and there was conflicting evidence as to whether there was a valid
contract.
After the farmer's case was fully heard, the supermarket's attorney submitted a motion for
judgment as a matter of law, which the court ultimately denied.
After the jury returned a verdict for the supermarket in the amount of $1,000, each party's
lawyer submitted a renewed motion for judgment as a matter of law and an alternative motion
for new trial.
How is the court likely to rule on the motions?
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A patient from State A sued a pharmacist from State B in a federal district court located in State
A, seeking $100,000 compensation for tortious injuries caused by the pharmacist's allegedly
negligent acts which occurred in State B. The pharmacist has never been to State A and has
never had any contacts whatsoever with State A. Prior to filing an answer to the patient's
complaint, the pharmacist's lawyer filed a motion to dismiss for failure to state a claim upon
which relief can be granted, which the court denied. Then, after answering the patient's
complaint, the pharmacist's lawyer filed a second motion to dismiss for lack of personal
jurisdiction.
Is the court likely to grant the pharmacist's motion to dismiss?
A. no because the parties are completely diverse and the amount in controversy exceeds
$75,000
B. no because the pharmacist waived the personal jurisdiction defense
C. yes because a lack of personal j B. no because the pharmacist waived the personal
jurisdiction defense
**pharmacist waives PJ defense by failing to assert it in the 1st pre-answer motion to dismiss
A tennis player from State A filed a diversity action in State B federal court against a reporter
from State B. The tennis player alleged that the reporter failed to pay a debt due on a valid
contract. The reporter filed a motion to dismiss for improper venue, which the court denied.
The reporter then filed an answer and argued raising two affirmative defenses: (1) that the
court lacks personal jurisdiction and (2) that the action is barred by the statute of limitations.
, What is the tennis player's strongest response to the reporter's answer?
A. file a motion to strike both the lack of personal jurisdiction and the statute of limitations
affirmative defenses, on the ground that they were waived
B. file a motion to strike only the reporter's affirmative defense for lack of personal jurisdiction,
on the ground that it has been waived
C. file a motion to strike only the reporter's SOL affirmative defense, on the g B. file a
motion to strike only the reporter's affirmative defense for lack of personal jurisdiction, on the
ground that it has been waived
**by filing the initial motion to dismiss without raising lack of PJ defense, the reporter WAIVED
the defense & consented to PJ
A supermarket from State A filed a diversity action in State A federal court, against a farmer
from State B. The supermarket sought $175,000 pursuant to a contract dispute. Each side
presented their case, and there was conflicting evidence as to whether there was a valid
contract.
After the farmer's case was fully heard, the supermarket's attorney submitted a motion for
judgment as a matter of law, which the court ultimately denied.
After the jury returned a verdict for the supermarket in the amount of $1,000, each party's
lawyer submitted a renewed motion for judgment as a matter of law and an alternative motion
for new trial.
How is the court likely to rule on the motions?
