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Civil Procedure A Fall 2009 Exam Essay Questions with Instructions, Exams of Civil procedure

Instructions and two essay questions for the final exam of a civil procedure a course during the fall 2009 semester. The students are required to answer essay questions related to a hypothetical case, where they need to analyze and argue based on the facts provided. The exam lasts for three hours, and students can use certain materials for reference. The essay questions deal with issues of personal jurisdiction and the merits of a product liability lawsuit.

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2021/2022

Uploaded on 02/24/2022

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FINAL EXAMINATION
ESSAY
Civil Procedure A
Fall 2009
Professor Brill
1. Two Essay Questions - 10 points each
Multiple Choice - 36 points
Previous Points - 44 points
100 points for semester
2. This examination is designed for three hours. However, you may have three and one-half
hours to answer it. The additional time is to permit better organization, more careful
thinking and neater handwriting. (No credit is given for illegible answers.)
3. Read the question carefully. Particularly note whether you are to be a judge, advocate,
adviser or dispassionate scholar.
4. Your grade on the essay question is based upon the context of your answers and the
manner in which you communicate your knowledge. Grades may be lowered for answers
that so violate fundamental rules of grammar and style that the reader's ability to
comprehend the content is impaired. The questions will be graded on the quality of
analysis, thought and conclusions, not on the number of words.
5. The multiple choice questions are to be answered on the scantron. FAILURE TO
RETURN THE MULTIPLE CHOICE QUESTIONS WILL RESULT IN FAILURE
IN THE COURSE.
6. For the exam, you may use:
a) the FRCP supplement;
b) the Arkansas supplement, but you may write only on the front;
c) 25 pages of notes or materials: letter size, one side only, any font, any
source, any material.
7. Turn your bluebooks, multiple choice questions, scantrons, pencils and qualification sheet
in by the time posted at the front of the room. You may keep the essay question.
8. If you have questions about the content or wording of any part of the examination, see me
during the examination.
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FINAL EXAMINATION

ESSAY

Civil Procedure A Fall 2009 Professor Brill

  1. Two Essay Questions - 10 points each Multiple Choice - 36 points Previous Points - 44 points 100 points for semester
  2. This examination is designed for three hours. However, you may have three and one-half hours to answer it. The additional time is to permit better organization, more careful thinking and neater handwriting. (No credit is given for illegible answers.)
  3. Read the question carefully. Particularly note whether you are to be a judge, advocate, adviser or dispassionate scholar.
  4. Your grade on the essay question is based upon the context of your answers and the manner in which you communicate your knowledge. Grades may be lowered for answers that so violate fundamental rules of grammar and style that the reader's ability to comprehend the content is impaired. The questions will be graded on the quality of analysis, thought and conclusions, not on the number of words.
  5. The multiple choice questions are to be answered on the scantron. FAILURE TO RETURN THE MULTIPLE CHOICE QUESTIONS WILL RESULT IN FAILURE IN THE COURSE.
  6. For the exam, you may use: a) the FRCP supplement; b) the Arkansas supplement, but you may write only on the front; c) 25 pages of notes or materials: letter size, one side only, any font, any source, any material.
  7. Turn your bluebooks, multiple choice questions, scantrons, pencils and qualification sheet in by the time posted at the front of the room. You may keep the essay question.
  8. If you have questions about the content or wording of any part of the examination, see me during the examination.

Civil Procedure A Fall 2009

Essay Question #

Patsy Plaintiff is a citizen of Minot, North Dakota. [Its proud slogan is “Why not Minot?”]. The night before the opening of modern gun deer season, she was multi- tasking. While watching and enjoying a You Tube performance of “Bad Romance” by Lady Gaga, she was cleaning her 30.06 Remington rifle in preparing for her weekend in the woods. Unfortunately the rifle accidently discharged, and she was injured in the foot.

She brings an action for $85,000 in federal court in North Dakota against the York Rifle Company (YRC) of New Haven, Connecticut. She alleges defective design and manufacture.

YRC files a single document, raising two points: a) the North Dakota federal court lacks personal jurisdiction over YRC, and b) on the merits of the lawsuit, YRC denies liability, arguing instead user modification and misuse of the rifle.

Patsy Plaintiff has moved to strike the objection to personal jurisdiction, arguing that under North Dakota statute § 44 the defense of lack of personal jurisdiction is waived unless raised in a pre-answer motion. In response, YRC contends that the objection to personal jurisdiction has been properly presented according to Federal Rule 12(b), and should be heard on the merits.

You are the law clerk to the federal judge. She instructs you: “Do I hear the defense objection to personal jurisdiction or not? I need a clear answer. In addition, I need a limited discussion of the rationale for your conclusion. Be clear, be organized, present appropriate authority. But I am not interested in a lengthy historical discussion or a review of every single case that some long winded academic would discuss. And remember, the only issue is whether to hear the objection, not how to rule on the objection. I do not want to hear about minimum contacts.”

Your law firm represents the defendant Winnie. You are a law clerk, having finished one year of law school. Your supervising attorney says to you: “Write a memo; use whatever format you wish. How should we attack this complaint? I want to defend the lawsuit, but I don’t want to waste time or Winnie’s money on foolish matters; I certainly don’t want to have foolish motions, but neither do I wish to skip anything. What could we file? What is the rationale? Do you have authority? If a motion is possible, but not wise, tell me. If it is a strong motion, tell me why. I fully recognize that you could write a book, but I do not want a book. Be organized; be precise; be clear; be brief, give limited authority to support your position. Remember we are paying you $10 an hour, and I don’t want to run up expenses.”