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After a night of drinking, Bob tells his neighbor, Steve, that he can have a right-away to drive across Bob's land to get to a fishing pond. A month later, while Steve is driving across Bob's land, he hears Bob yell, "Get off my property, you trespasser!" Steve has....

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Mary was sailing her yacht on the lake one day. Hannah and Amy were also out sailing that day in pirate ships. They had both accumulated a large supply of 17th and 18th century cannons over the years and thought it would be fun to try them out. Both opened fire on Mary, crippling the yacht. Mary swam to shore, contacted her lawyer, and then sued them both for lake piracy, a new state law tort. Hannah and Amy filed an answer denying liability and a 12(b)(2) motion seeking dismissal for lack of personal jurisdiction. Mary seeks voluntary dismissal so she can find a jurisdiction Hannah and Amy can be sued in. Amy agrees to stipulate to dismissal without prejudice. True or false, Mary can voluntarily dismiss without prejudice under Rule 41(a)(1).

Hans and Yans had a contract to manufacture widgets. Yans alleged that Hans breached it. He then sued Hans in federal district court in North Carolina. Hans filed a 12(b)(2) motion to dismiss for lack of personal jurisdiction. Yans sought and received voluntary dismissal of his complaint and then went forum shopping. When Hans was flying over Alaska airspace, a process server served Hans process and Yans sued in Alaska federal district court. Hans then filed a 12(b)(6) motion to dismiss for failure to state a claim. Yans realized some flaws in his complaint and wants to dismiss without prejudice. Which of the following is true?A. Yans can file a notice of dismissal without prejudice because neither an answer nor a motion for summary judgment has been filed.B.Any notice of dismissal will be with prejudice.C.Even if Hans agrees to stipulate to dismissal, it will be with prejudice because Yans previously dismissed an action.

Cardi B and Taylor Swift get into a car crash while coming back from a Call of Duty tournament. Cardi B's car is totaled and she injures her shoulder and ankle. On a stretcher going into an ambulance, she screams, "You should have looked both ways before crossing me!" at Swift. Cardi B threatens to sue. Swift's lawyer interviews witnesses to the accident and concludes it's likely that Swift ran a red light right before the accident. Later Cardi B tweets out that her lawyers are currently forum shopping to find the best jurisdiction to sue in. Subsequently, Cardi B does file suit and seeks to compel production of Swift's lawyer's memorandum assessing the witness interviews. Was the memorandum prepared "in anticipation of litigation?"A.Yes under the specific claim test.B.Yes under the primary purpose test.C.No.D.Yes under both the specific claim test and primary purpose test.

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