Civil Law Questions

The statute of limitations for all claims is one year. On October 18, 2016, Paul failed to repair Susan's car as they agreed in a contract. Susan sued Paul for breach of contract on October 2, 2017. Susan failed to sue Richard, who under the contract, was jointly liable for any breach. Paul mentioned the lawsuit to Richard on November 15, 2017. On October 9, 2019, Susan sought to amend her complaint to add a claim against Richard for breaching a separate contract to repair her truck in March 2017. Which of the following is true?A.She will be unable to amend because she did not do so within 21 days.B.Because of her delay, a court will be prohibited from allowing her amended complaint against Richard to relate back to the date of the original complaint.C.The amendment will not relate back because the claim against Richard does not arise out of the same facts as the claim against Paul.D.She will be able to amend because there would be no prejudice to Paul.

Megan thee Stallion happens to hear Cardi B making music outside of her home. She finds the lyrics so annoying that she sues for public nuisance. 15 days after serving her complaint, Megan listens to a transcript of the music made from a video recording of Cardi B outside her home. In the lyrics, Cardi B claimed Megan didn't even know what state she was domiciled in. Enraged, that same day, Megan amends her complain to add a defamation claim. True or false, the court will allow the amendment.

After losing a light saber duel with Darth Vader, Luke Skywalker sues Vader for battery on March 1, 2019. On March 20, 2019, Vader files an answer denying liability. On March 29, Vader makes a motion to strike three paragraphs of Skywalker's complaint where Skywalker made fun of Vader's mother, saying she was so boring even cash-hungry Disney wouldn't bother making a movie about her life. On April 15, Skywalker attempts to amend his complaint to add facts supporting his battery claim. Which of the following is true under Rule 15(a)(1)?A.The amendment will be allowed because it was within 21 days of Vader's motion to strike.B.The amendment will be allowed because a responsive pleading wasn't required.C.The amendment will not be allowed.D.The amendment will not be allowed because you can only amend within 21 days of getting an answer.

The statute of limitations in this case is one year. Scott is flying on an airplane to the Faeroe Islands that runs out of room. Before he can leave the aircraft, it takes off and he's left in an aisle. Not wanting to exceed the maximum number of passengers, the flight attendant gives him a parachute and tells him to jump on October 30, 2017. When he lands, Scott sues Air Faeroe Islands for intentional infliction of emotional distress on October 20, 2018. However, he was really aboard an Air Iceland flight. On November 29, 2018, the president of Air Faeroe Islands tells the CEO of Air Iceland about a "crazy story" where his company was sued for throwing a man overboard. After discovery in the lawsuit against Air Faeroe Islands, Scott finds out which flight he had really been on. Scott wants to get back at Air Iceland, and decides to wait an additional year to bring his claim with the hopes that Air Iceland will be caught off guard and decide to settle. He finally does seek to amend his claim to add Air Iceland on December 19, 2019. What result?A.The amendment will not be allowed because it was filed more than a year after he was thrown overboard.B.The amendment won't be allowed to relate back under 15(c) because of Scott's dilatory behavior.C.The amendment won't relate back because Air Iceland was not served process within the 90-day time limit of rule 4(m).D.The amendment will be allowed to relate back.

Anakin Skywalker was driving down a dark path at night when he got into an accident with Yoda. Yoda sustained $90,000 of injuries to his legs, chest, and face, and sued for negligent driving on a per se negligence theory. Yoda accuses Anakin of running a red light. Yoda's lawyer R2D2 interviewed his client, and all eight witnesses, seven of whom say Anakin was speeding and running a red light. He checked with the police and city government for video footage, but there was none. At trial, however, the jury believes the one witness who says Anakin was driving reasonably and finds him not liable. Anakin's lawyer, Palpatine then brings a motion for Rule 11 sanctions. True, or false, the court will grant the motion?

Nvidia, a California corporation, manufactures tegra ultra graphics cards specially for Nintendo's new version of the Switch, the 2.0. Nintendo, a Japanese corporation, only sells the 2.0 Switch in Japan and the tegra ultra graphics card is only used for the 2.0 switch. One day, Yuki Hoyabashi buys the console, then a year later, decides to move to America, becomes an American citizen, and settles in New Hampshire. While Hoyabashi is on vacation in Alaska, the console explodes, causing her injuries. Hoyabashi returns to New Hampshire where she has surgery to treat her injuries, and files suit in New Hampshire federal court, seeking $37,500 for her medical injuries and $38,000 for negligent infliction of emotional distress. Nvidia files a joint motion to dismiss for failure to state a claim and to dismiss for lack of subject matter jurisdiction 15 days after the complaint was served on a security guard at the gate of Nvidia's California campus. Three days, later Nvidia files a motion to dismiss for improper service and a motion to dismiss for lack of personal jurisdiction. What result?A.The court will dismiss, but only because service of process was improper under the federal rules.B.The court will dismiss because Nvidia had no purposeful contacts with New Hampshire and because service of process was improper.C.The court will dismiss for lack of subject matter jurisdiction because the amount in controversy is unmet.D.The court will deny all motions.

Agent 47 (Vermont) is headed to Florida to visit his mother, who is dying. He cannot afford a car, and is hitchhiking his way there by catching rides with different people. A former business partner has never given him absolution for breaching a contract and plans to sue him in South Carolina because he thinks the laws there are friendly. When a private investigator reveals that he is going on a road trip to Florida, the business partner hires a process server to tail Agent 47. When Agent 47's car is stopping for gas in South Carolina, the process server serves him process and drives away. Agent 47 is in South Carolina for about one hour in total. Agent 47 files a motion to dismiss for lack of personal jurisdiction. How will the South Carolina court likely rule?A.It will grant the motion under Justice Brennan's and Justice Scalia's approach.B.It will deny the motion under Justice Scalia's approach.C.It will grant the motion under Justice Stevens's approach.D.It will deny the motion under Justice Brennan's approach

Matt Santos (Texas) and Arnold Vinick (California) left careers in politics to become civil procedure professors. After the subject of whether the International Shoe framework was untenable in the internet era came up at a federalist society conference in Vermont, the two came to blows. The next day, on twitter, Vinick said "Matt Santos is a real SOB who has no business teaching civil procedure at any institution of higher learning, not even at Wake Forest. He attacked me without warning and his new domicile should be prison." The tweet has no advertisements, and none of Vinick's eight twitter followers live in Texas, although the post was later retweeted and became a trending topic on twitter. Santos's Texas-based federalist society friends began ridiculing him to his face. Other federalist society members gasp when he walks by and say things like, "Vinick was right, he is a real son of a Brennan." The complaints about him get so bad that the Texas legislature passes a unanimous bill officially cancelling him. Enraged, Santos sues Vinick in Texas state court. True or false, the court has personal jurisdiction.

John comes to you describing how he was sexually assaulted ten years ago and you can tell that he is still traumatized by the incident. You take down his story and assign someone at your office to research tort claims you can make. The research reveals that the statute of limitations will run on the claims in five days. So, you interview the victim again and talk with his therapist and doctor to get support for the complaint, though you don't reach out to any other potential witnesses. You file the complaint. After a year's worth of discovery, evidence reveals that the defendant looks similar and sounds similar to the actual assailant, but was in prison when your client says the assault actually occurred. You could have found this information out by contacting the police, or searching through a website directory of prison inmates in the state. Should the court grant Rule 11 sanctions for failure to conduct a reasonable inquiry? Make sure you can justify your answer with language from the rule.

Sharon files a discrimination lawsuit in the Federal District Court for the Western District of North Carolina against Wal Mart. She leaves her complaint and summons with a cashier at a Wal Mart store in Charlotte. Wal Mart files a motion to dismiss for improper service. True or false, the court will grant the motion.

A Vermont statute confers personal jurisdiction on the state courts in all cases in which a defendant has ever set foot in the state for any purpose. Alice visited Vermont when she was 10.Twenty years later, she lives in California and is sued for breach of contract in Vermont because of business she was conducting in California. She is served with process in California. True or false, there is personal jurisdiction over Alice.

Raphael and Sarah, a Wake Forest law student, had a contract. In exchange for $500, Raphael was supposed burglarize the apartments of successful law students to take their outlines and throw them off their game before the final exams. Raphael attempted to burglarize the apartments, but was unable to procure the outlines. Sarah sued. He admits he didn't deliver on the contract. As a defense, he claims the contract called for him to engage in illegal conduct.A.Raphael will not waive the defense if he fails to raise it early.B.This is not an affirmative defense under rule 8.C.If Raphael fails to raise this in his answer, he will have waived it.D.This wouldn't count as an "avoidance."

A North Dakota statute authorizes North Dakota state courts to exercise personal jurisdiction over corporations only if the corporations have their place of incorporation in North Dakota or have their principal place of business there. Blue Hen Motors is incorporated in Delaware with its principal place of business in Delaware. Blue Hen has a plant in North Dakota, and it sells cars from there.A North Dakota citizen buys one of the cars in North Dakota, and the car blows up the next day. The customer sues the company in North Dakota state court. True or false, there is personal jurisdiction over Blue Hen Motors.

Overworked law student flees NC before finals, taking most of his possessions but leaving a bed, desk, couch, and TV in an apartment that he rented for 12 months. He builds himself an "earthship" in New Mexico, becomes a free-range sheep herder, and lives off the grid.Does the long arm statute confer personal jurisdiction if the landlord sues for breaching the lease agreement? If so, which part?A.Yes because 1.75.3 authorizes personal jurisdiction.B.No.C.Yes because 1-75.4(6)(a) and (b) authorize personal jurisdiction.D.Yes because 1.75(7) authorizes personal jurisdiction.

Britney Spears and Christina Aguilera have left the music industry and gone into computer repair and law respectively. Per a contract, Britney is supposed to repair Christina's computer in exchange for $300.00 by a certain date. That date passes and Christina is unable to use her computer for work at her law practice, which causes her to miss two court deadlines and lose a client. Right before she was set to start repairing the computer, NSYNC broke into Britney's office and stole her tools, money, and worst of all, her copy of the 1868 North Carolina constitution. Because her money and credit cards were stolen, she couldn't buy new tools. As a defense, she claims that performing the contract was impossible.A.Britney will not waive the defense if she fails to raise it earlyB.This is an affirmative defense under rule 8(c).C.This wouldn't be an "avoidance."D.Britney needs to raise this in her answer or she'll waive it.

Michael and Christian had a contract which Michael breached. Christian filed suit in the Federal District Court for the Western District of North Carolina on January 20. On August 19, he personally served Michael's seven year old son Euclid while Euclid was at home. Michael filed a motion to dismiss for improper service and a motion to dismiss the claims. Will the court grant the motions?A.No because 4(e)(2)(B) allows leaving a complaint and summons at a person's dwelling.B.Both motions will be granted because of Euclid's age and because service happened too late.C.Both motions will be granted because Christian served the motion, Euclid's age, and because service occurred too late.D.No because Mullane allows the type and timing of the notice provided.

Paul owns a used car dealership in North Carolina, but five minutes from the border with South Carolina. He doesn't advertise his car business in South Carolina and never makes any trips to the state. In fact, he owns a blog where he writes weekly posts trashing the South Carolina legal system. Some weeks, he criticizes the South Carolina rules of civil procedure, and in other weeks, he lambastes particular provisions in the South Carolina constitution. However, research has shown that 40% of his customers are from South Carolina, and that he makes over $200,000 a year from South Carolina consumers. Paul is aware of this research.A South Carolina resident gets into an accident with one of Paul's cars and alleges that Paul lied about the condition of the car. She sues Paul in South Carolina state court. Paul files a motion to dismiss for lack of personal jurisdiction. What result?A.Granted because it was foreseeable that the car would be used in South Carolina.B.Denied, because under the reasonableness factors, it would not be unreasonable for a South Carolina court to assert jurisdiction.C.Granted because Paul lacks minimum contacts with South Carolina.D.Denied because Paul earns a great deal of revenue from South Carolina customers.

James and Zach get into a car accident. James sues Zach for negligent driving. James also wants to sue for breach of contract. A year ago, Zach agreed to paint the outside of James' house. True, or false, he will be allowed to join the claims?

Jim (North Carolina) and Jane (South Carolina) get into a car accident while vacationing in France. When they return, Jane sues Jim in South Carolina federal court located 90 miles from where Jim lives in North Carolina. He is properly served with process when he is personally served at his home in North Carolina and then files a motion to dismiss for lack of personal jurisdiction. True or false, the court will grant the motion?

Silas is the CEO of a company. Silas makes promotions to the junior vice president position every year during annual reviews. In 2013, Silas refused to promote Jonah to Vice President, telling him customers weren't ready for a black man in that role. In 2014, he refused to promote Jorge, saying that his accent was not "going to command respect" from those he supervised. Finally, in 2015, he refused to promote Yao because people like him were good at math and programming, but bad at interpersonal relationships. The three individuals sue and want to join their claims. True or false, there is a common question of law or fact?