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Worksheets2nd Civ Pro Gauntlet
Total questions: 77
Worksheet time: 42mins
Mary files a complaint against Tommy for negligence. One allegation reads "Defendant owed plaintiff a reasonable duty of care." Would this allegation be assumed true under Twiqbal?
Yes
No
Mary files a negligence complaint alleging that Tommy's dog broke off his leash and bit her son. Mary lays out facts supporting, but does not name, the five elements of negligence. Will Mary's complaint survive Twiqbal scrutiny?
Yes
No
Iqbal sues Ashcroft and the DOJ for discriminating against him on the basis of his race, religion, and national origin. The DOJ has disproportionately labeled Middle-Eastern Muslims as persons of interest after 9/11. Two plausible explanations are discrimination and the argument that the DOJ would naturally arrest more people with similar backgrounds to Iqbal because the War on Terror is prosecuting people from parts of the world where the majority of people fit Iqbal's background. On a motion to dismiss, how should the judge resolve the controversy?
Default to letting the case proceed through discovery
Using judicial experience and common sense
Default to granting the motion to dismiss
Using common sense and experience to determine whether the pleadings put the defendant on notice of the claim
Mario Bros. Plumbing is almost ready to start several jobs when Tony Suppliers repudiates their supply agreement. In their complaint, Mario Bros. seeks specific performance and damages in a jurisdiction that only allows a party to win one or the other. Is this proper?
Yes
No
Frank Letz files suit to stop the Van Falconbirds from using part of his property. The Van Falconbirds could defend that they have established a prescriptive easement or established ownership through adverse possession. May they plead both in their answer?
Yes, defenses do not need to be consistent
No, these defenses contradict each other about who owns the land in question
No, these are claims and cannot be used as defenses to a claim
Yes, the defenses are consistent
Professor Dee Stinguish files a complaint for defamation claiming that: "Defendant has published a defamatory statement about plaintiff that has damaged my reputation!" Will this allegation be presumed true under Twiqbal?
Yes
No
Professor Dee Stinguish files a complaint for defamation claiming that: "Defendant spread a rumor to several people that I, a tax professor, committed tax fraud." Will this allegation be presumed true under Twiqbal?
Yes
No
Mario Bros. Plumbing is almost ready to start several jobs when Tony Suppliers repudiates their supply agreement. In their complaint, Mario Bros. claim breach of contract, tortious fraud, and fraud in the inducement. The judge rules that Mario Bros.have not alleged facts sufficient to support the fraud claims. Must the judge dismiss the entire complaint?
Yes
No
Mario Bros. sues Tony Suppliers for breach of contract. Tony raises laches, the statute of limitations, and lack of SMJ in his answer. Tony further defends on the grounds of impossibility. The judge rejects the first three defenses. Must the judge dismiss the entire answer?
Yes
No
Maci sues Chandler for "general annoyance." Chandler does not file an answer or otherwise defend. What happens next?
The judge enters a default judgment
The clerk enters a default judgment
The clerk enters default
The judge certifies default
Maci sues Chandler for "general annoyance." Chandler does not file an answer or otherwise defend. The clerk enters default. What must Maci do before the hearing?
Nothing
Dismiss and refile the claim to give Chandler an opportunity to defend
Provide Chandler 21 days' written notice of the hearing
Provide Chandler 7 days' written notice of the hearing
Maci sues Chandler for "general annoyance." Chandler does not file an answer or otherwise defend. The clerk enters default. Maci moves for a default judgment. Should the judge grant the motion?
Yes, entry of default entitles the plaintiff to a default judgment
Yes, but Maci will only win nominal damages
No, default judgments can only be granted if the defendant had seven days' notice before the hearing
No, Maci has failed to state a legally cognizable claim
Smith gets several letters in the mail, including the complaint. Before he can look through them, he learns of his mother's passing. He goes through an intense period of mourning. By the time he opens the letter, two months have passed and the judge has entered a default judgment. What best claim to set aside the default?
55(c) motion to set aside for good cause
60(b) motion to set aside for excusable neglect
60(b) motion to set aside a void judgment
Ronald Clump sues the Old York Times for defamation. One allegation reads: "The FAILING Old York Times is a repeated purveyor of FAKE NEWS!!!" The Old York Times moves to strike that allegation under 12(f). The court will likely:
Grant the motion as immaterial, impertinent, or scandalous
Grant the motion as it prejudices the defendant
Deny the motion as it bears some relation to defamation
Deny the motion as it can only strike falsifiable assertions
Agitha sues Walter for negligence after a car accident. Agitha alleges that Walter, a married man: "Is often seen driving around late at night seeking one night stands." Walter moves to strike this allegation. The court will likely
Grant the motion because the allegation might be untrue
Grant the motion as immaterial, impertinent, or scandalous matter
Deny the motion as driving bears some relation to the negligence claim
Deny the motion as the allegation states potential character evidence
Section 2 sues Lucre Lawyer for attorney malpractice in the Eastern District of North Carolina. Lucre Lawyer mistakenly omits his improper venue defense in his preanswer motion to dismiss. Has he waived this defense?
Yes
No
Section 2 sues Lucre Lawyer for attorney malpractice in the Eastern District of North Carolina. Lucre Lawyer mistakenly omits his failure to state a claim upon which relief can be granted defense in his preanswer motion to dismiss. Has he waived this defense?
Yes, and the judge cannot consider the sufficiency of the claim again
No, but the judge might be more willing to let an iffy claim go forward
Velma sues Shaggy for trespassing on her land. Shaggy fails to include his defense that "It wasn't me! It was someone dressed up like me" in his answer. Has he waived this defense?
Yes
No
Maybe
Emma sues Alpine Skis after she suffers injuries on the slopes. Alpine omits its defense based on assumption of the risk. Has it waived this defense?
Yes
No
Maybe
Mario sues Wario for negligence after a go kart accident. Wario fails to include his defense of contributory negligence. Has he waived it?
Yes
No
Maybe
Mario sues Wario for negligence after a go kart accident. Wario fails to include his defense of lack of SMJ in his preanswer motion or answer. Has he waived it?
Yes
No
Maybe
Wario's preanswer motion to dismiss is denied, how long does he have to file an answer after he receives notice of the denial?
7 days
14 days
21 days
30 days
AmeriCorp has kept digital copies of its contracts and physical copies with its attorney. One day, all of their hard drives crash. Can AmeriCorp claim to lack knowledge or information about allegations regarding the terms of the contracts?
Yes
No
Susan sues McDonald's for a slip and fall. Susan alleges that she has accrued medical bills as a result of her broken leg. McDonald's claims to lack sufficient knowledge or information to admit or deny. What is the effect?
Admission
Denial
Stipulation
Affirmation
Don sues James for breach of contract. James counterclaims for tortious fraud. 14 days go by. Regarding the counterclaim, James
may amend as a matter of course
may amend upon leave of court
may amend upon written consent from the other party
B & C
Don sues James for breach of contract. James counterclaims for tortious fraud. 25 days go by. Regarding the counterclaim, James
may amend as a matter of course
may amend upon leave of court
may amend upon written consent from the other party
B & C
Don sues James for breach of contract. James counterclaims for tortious fraud. James amends the counterclaim. How long does Don have to respond?
The original 21-day deadline after the original counterclaim
14 days after service of the amended counterclaim
Whichever is later out of A & B
None of the above
Miles sues Phoenix for defamation. No other issues are raised before trial. Miles tries to introduce evidence of breach of contract. Phoenix objects that this claim was not in the pleadings and introducing it will prejudice his ability to defend on the merits. Assuming he is correct, the court could
Deny the amendment
Grant a continuance
A & B
Grant the amendment
Plaintiff moves for amendment under FRCP 15(a)(2). The judge denies the amendment saying: "Plaintiff has failed to prove that justice requires the amendment and that the amendment will not work prejudice against the defendant." Did the judge properly deny the amendment?
Yes
No
Miles sues Phoenix for defamation. No other issues are raised in the pleadings before trial. Miles tries to introduce evidence of breach of contract. Phoenix fails to object when that evidence is introduced. Phoenix objects when the judge is about to instruct the jury on the issue. Will his objection succeed?
Yes, the material could not be tried as it was not in the pleadings
No, he consented to trial of the issue by estoppel
No, he impliedly consented to trial of the issue
B & C
Mario sues Wario for negligence after a go karting accident. Wario raises contributory negligence in his answer. Both Mario and Wario introduce evidence of the other being negligent at trial. Wario moves for the judge to instruct the jury on a counterclaim for negligence. Mario objects that he has not impliedly consented to litigating this counterclaim. Is he correct?
Yes, the counterclaim was not in the pleadings
Yes, Mario was not on notice as Wario's evidence applied to both his counterclaim and affirmative defense
B & C
No, he impliedly consented to trial of the issue
Bonerb trips and falls while shooting some B-Ball at a rehab facility. He sues the facility for negligent maintenance of the court. The statute of limitations is two years. Three years later, he files to amend to add a claim for counsel malpractice in treating his injuries. What must the court first consider?
Whether justice requires the amendment
Whether the claim relates back to the same nucleus of operative facts in the original complaint
Whether the amendment is futile
Whether Bonerb has conferred with the facility
Bonerb trips and falls while shooting some B-Ball at a rehab facility. He sues the facility for negligent maintenance of the court. The statute of limitations is two years. Three years later, he files to amend to add a claim for counsel malpractice in treating his injuries. What will the court consider in determining whether the claim relates back to the complaint?
Would the facility have been incentivized to collect evidence on the malpractice claim?
Whether the claim arises from the same transactional nexus
A & B
Whether Bonerb has conferred with the facility
If a claim relates back, the court MUST grant the amendment
True
False
William files a police brutality claim against Officer Jones just before the statute of limitations runs out. Officer Smith was the one who did it. Officer Smith does not learn of the suit until six months later. William learns of the mistake and files to join Officer Smith. The court will
deny the motion as the 90-day period under 4m has passed
deny the motion as the statute of limitations has passed
deny the motion as Smith did not have notice
All of the above
William files a police brutality claim against Officer Jones just before the statute of limitations runs out. Officer Smith was the one who did it. Officer Smith hears of the suit on the news and realizes that he should have been the one sued. William learns of the mistake and files to join Officer Smith. The court will
deny the motion as the 90-day period has passed
grant the motion if Smith will not be prejudiced on defending on the merits
grant the motion as Smith had notice before the 90-day period passed
B & C
Deborah seeks to enforce a real covenant against her neighbor for failure to keep her grass cut. Jimmy sues to be released from the real covenant to avoid paying HOA dues. If either sought to certify the people living in the covenant-bound neighborhood as a class, what would be the main issue?
Whether there are common questions of fact and law
Whether adjudicating individual suits would be impracticable
That the class members can be found via an objective standard
That Deborah or Jimmy share the interests of absent class members
Wilma moves to certify a class of plaintiffs. The judge denies the motion, writing that: "Plaintiff has failed to prove impracticability, commonality, typicality, and representativeness." Has the judge properly denied the certification?
Yes
No
Gojira Industries negligently releases Godzilla into the world. Before he is stopped, he destroys homes in several US states. Jimmy's home in Ohio was obliterated. The lawsuit is filed in the Northern District of Texas. Would a judgment be binding on Jimmy despite personal jurisdiction concerns?
No, a class plaintiff must have minimum contacts with the forum
No, a class plaintiff must consent to the forum
A & B
Yes, a class action suit may bind a class plaintiff even when there are not sufficient contacts for personal jurisdiction
Gojira Industries negligently releases Godzilla into the world. Before he is stopped, he destroys property in several US states. Gojira Industries is worth $5 billion, but the damage estimates stand at $1 trillion. Which class will the court certify?
The "prejudice" class 23(b)(1)
The "injunctive relief" class 23(b)(2)
The "damages" class 23(b)(3)
The court will not certify a class
Auto Von Bismarck makes car parts for German auto brands. Their brake pads cause tires to slowly desynchronize, but have not caused serious injuries to a driver or automobile. What sort of class is most appropriate for this case?
The "prejudice" class 23(b)(1)
The "injunctive relief" class 23(b)(2)
The "damages" class 23(b)(3)
The court will not certify a class
Employees from several divisions of CarCorp sue to stop discrimination in promotions and for the company to extend promotions to class members as positions become available
The "prejudice" class 23(b)(1)
The "injunctive relief" class 23(b)(2)
The "damages" class 23(b)(3)
The court will not certify a class
Stockbrokers from BigVest sue for a declaratory judgment that the arbitration clause in their employment contracts is unenforceable. Which class will the court certify?
The "prejudice" class 23(b)(1)
The "injunctive relief" class 23(b)(2)
The "damages" class 23(b)(3)
The court will not certify a class
Pechhanse Flight 501 crashes after the company fails to adequately de-ice the runway. Individual lawsuits could split with the company being liable for some, but not other deaths. Do these inconsistent outcomes, alone, warrant certification of a class action under 23(b)(1)?
Yes, they impose inconsistent obligations on the company
Yes, the inconsistent decisions undermine faith in the justice system
Yes, the jury determinations in the first case will prejudice following trials
No, the company will have to pay some plaintiffs and not others
True or false: Attorney-client privilege is the only form of privilege
True
False
MegaBank emails Lucre Lawyer about drafting a new standard mortgage agreement. The representative writes: "We want to squeeze as much money as is legal without violating usury laws." MegaBank is sued for usurious interest and other mortgage improprieties. Plaintiff counsel wishes to have MegaBank produce the email. Will they get their smoking gun?
Yes, this email is proportional to the needs of the case
Yes, this email is relevant to the case
No, this email is a work product
No, this communication has attorney-client privilege
Mortgagors are suing MegaBank over their lending practices. Scruple Lawyer asks a MegaBank representative in a deposition about whether MegaBank asked Lucre Lawyer to get the highest amount of interest that the law MIGHT allow. The MegaBank representative responds "Yes" before Lucre Lawyer can object. Lucre Lawyer slams his fist on the table. Why?
MegaBank has undermined its work product protection
MegaBank's request is no longer "in confidence"
Glamorier's CEO orders the CFO to make a report detailing cosmetic sales in 2020. In 2025, Foundation Co. sues for breach of a distribution agreement. Foundation seeks the 2020 sales report. Is it a protected work product?
No, an attorney did not prepare it
No, it was not prepared in anticipation of litigation
A & B
Yes, it was made by or for the party or its representative
Glamorier's safety research team determines that one current line of makeup contains chemicals that, when mixed together, create carcinogens. The team was tasked to make the report after lawsuits were filed against competitors for carcinogens in their makeup. If Glamorier is also sued, is the work product doctrine likely to apply to the report?
Yes, the documents were made for Glamorier
Yes, the documents were arguably prepared in anticipation of trial
A & B
No, the documents are not the byproducts of Glamorier's business
Glamorier's safety research team determines that one current line of makeup contains chemicals that, when mixed together, create carcinogens. Part of their report was based on recent scientific research on these chemicals. What is Glamorier's best defense for retaining work product protections?
Release the materials would cause an undue hardship
The materials are not substantially needed
The information is otherwise discoverable
None of the above are cognizable defenses
Each discovery request, response, or objection must be signed by an attorney who believes the document is:
Allowable under the FRCP, relevant, not improper and proportional
Legally permissible, not unduly burdensome, relevant, and proportional
Allowable under the FRCP, not unduly burdensome, relevant and proportional
Legally permissible, allowable under the FRCP, not improper, and proportional
The jury awards a plaintiff $5 million in a products liability case. The judge finds that amount unconscionable and orders a remittitur of $3 million, which the plaintiff hates. Plaintiff wants to appeal. Which of the following is true?
The appeal can be filed within 28 days of the remittitur order
The appeal will win as the amount is not part of the original verdict
Remittitur orders are unappealable
The appeal cannot be filed until after a retrial
The jury awards a plaintiff $5 million in a products liability case. The judge orders a retrial and the plaintiff is unhappy. Plaintiff wants to appeal. Which of the following is true?
The appeal can be filed within 28 days of the remittitur order
The judge failed to weigh the evidence
New trial orders are unappealable
The appeal cannot be filed until after a retrial
Unless a stipulation or court order says otherwise, parties have BLANK days to make their initial disclosures?
(a)
Unless a stipulation or court order says otherwise, a party joined after a discovery conference has BLANK days to make their initial disclosures?
(a)
Scruple Lawyer wishes to call Dr. Frankenstein to testify as an expert witness in releases movie monsters in the Gojira Industries case. Scruple Lawyer has until BLANK days before trial to send over the necessary disclosures?
(a)
Lucre Lawyer wishes to call Dr. Miyamoto solely to rebut Dr. Frankenstein's testimony in the Gojira Industries case. Lucre Lawyer has this many days after receiving the disclosures regarding Dr. Frankenstein's testimony to disclose Dr. Miyamoto's testimony?
(a)
What are the three "delay buttons" to discovery under FRCP 26(a)(1)(C)?
Court order, stipulation, inquest
Objection, movement to postpone, court order
Stipulation, objection, movement to postpone
Inquest, movement to postpone, court order
Scruple Lawyer thinks twenty-six interrogatories will answer the remaining questions in a car accident case. What should she seek before sending over the request?
Permission from opposing counsel
Leave of court
A or B
None of the above
Glover files numerous discovery requests. Heartland meets most of them, but does not hand over some key documents. What should Glover do before moving to compel?
Notify the judge of failure to comply
Try to resolve the matter informally with Heartland
A & B
None of the above
Donny Distributor sues Coca-Cola for charging him more for Diet, rather than regular, Coke. Donny Distributor argues that it is not more expensive to manufacture Diet Coke and makes document requests for the recipes. First, Coke should:
Object to the proposed discovery
Confer with Donny informally to avoid the dispute without court action
File for a protective order under 26(c)
B & C
Glover files numerous discovery requests. Heartland meets most of them, but does not hand over some key documents. The court enters a motion to compel discovery. Heartland does not comply. Which of the following is NOT an express sanction under 37(b)?
Ordering certain facts be deemed established for purposes of the present litigation
Striking certain claims and defenses
Dismissing the entire suit
Referring the offending attorney to the bar for disciplinary proceedings
Scruple Lawyer moves to receive photocopies of Order 66 from the Galactic Empire. Palpatine asks Anakin to destroy all copies. Anakin says, "I can't." "Do it!" Commands Palpatine. What may the court do after Anakin "does it?"
Preclude the Empire from objecting to Scruple's claims about the order
Prevent the Empire from defending against Scruple's claims about the order
Instruct the jury to draw an adverse inference based on the documents' destruction
None of the above
Scruple Lawyer moves to receive photocopies of Order 66 from the Galactic Empire. Palpatine and Anakin have destroyed all copies. Lucre Lawyer responds to the discovery request that the documents simply cannot be found. Scruple learns of the spoliation from a third-party. Scruple demands that Lucre amend his response to acknowledge the documents' destruction within 21 days. What is she setting Lucre up for?
Rule 37 sanctions
Rule 40 sanctions
Rule 50 sanctions
Rule 11 sanctions
Juan sues Don. Juan voluntarily dismisses in 2012. Juan refiles in 2014, but voluntarily dismisses again. What are the effects of the dismissals?
No prejudice; no prejudice
No prejudice; prejudice
Prejudice; Prejudice
Prejudice; No Prejudice
Juan sues Don. Juan voluntarily dismisses in 2012. Juan refiles in 2014, but enters a joint dismissal with Don. What are the effects of the dismissals?
No prejudice; no prejudice
No prejudice; prejudice
Prejudice; Prejudice
Prejudice; No Prejudice
Juan sues Don in Freedonia Superior Court. Juan voluntarily dismisses in 2012. Juan refiles in 2014, but enters a joint dismissal with Don. Freedonia law says that two voluntarily dismissals, whether unilateral or joint, dismiss the suit with prejudice. What are the effects of the dismissals if Juan refiles in the District of Freedonia?
No prejudice; no prejudice
No prejudice; prejudice
Prejudice; Prejudice
Prejudice; No Prejudice
After parties finish discovery, parties have this many days to file motions for summary judgment
(a)
Mario sues Wario for negligence after a go karting accident. Wario moves for a 12(b)(6) for failure to state a claim. Wario introduces allegations that Mario was contributorily negligent. If the court does not exclude this evidence, what must it do?
Convert the motion into one for judgment on the pleadings
Convert the motion into one for summary judgment
Convert the motion into one for judgment as a matter of law
Nothing
Which of the following are proper summary judgment motions?
Proof of the Elements
Existence of evidence
Absence of evidence
Disproof of an Element
Which of the following may a court NOT consider in summary judgment?
Interrogatory answers
Affidavits
Notice of facts
Hearsay
May a court sua sponte request briefs for summary judgment?
Yes
No
Congress authorizes a newfangled cause of action. The statute is silent on whether to allow juries in trials for it. In determining whether these suits require juries, the courts would examine historical practice:
Throughout American history
In the 13 colonies at the time of enactment of the Bill of Rights
Throughout the history of the state in which the court sits
In England at the time of enactment of the Bill of Rights
Wanda wants to enforce a covenant on her neighbor's land. Wanda has requested a jury. She would like to enforce the covenant as either a real covenant, a legal claim, or as an equitable servitude, an equitable claim. What must the court do?
Hold a jury trial on the real covenant claim before conducting a bench hearing on the equitable servitude claim
Hold a jury trial on both issues
Hold a bench hearing on both issues
Hold a jury trial on the equitable servitude claim before conducting a bench hearing on the real covenant claim
Wanda wants to enforce a covenant on her neighbor's land. Wanda has requested a jury. She would like to enforce the covenant as either a real covenant or as an equitable servitude. The two claims share three elements. A bench trial will be held for equitable servitude claim. Which of the following verdict forms would let the judge know how the jury found on the three elements?
General verdict
General verdict with written questions
Special verdict
Special verdict with written questions
Mario sues Wario for negligence after a go karting accident. Wario raises contributory negligence. Both Mario and Wario introduce evidence of the other being negligent at trial. The jury returns a general verdict for Mario. Which of the following must the jury have found?
Only Mario was negligent
Only Wario was negligent
Wario AND Mario were negligent
Neither Wario nor Mario were negligent
Mario sues Wario for negligence after a go karting accident. Wario raises contributory negligence. Both Mario and Wario introduce evidence of the other being negligent at trial. The jury returns a general verdict for Wario. Which of the following could the jury have found?
Mario was negligent
Wario was not negligent
Wario AND Mario were negligent
All of the above
