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Part I - Multiple Choice (30 points)
- John Doe, a citizen of New York, injures Richard Roe, a citizen of New Jersey, during an automobile accident in Connecticut. Mr. Roe files a complaint against Mr. Doe in the United States District Court for the District of New Jersey, alleging damages of more than $75,000. The court applies the choice of law rules of:
a. New York. b. New Jersey. c. Connecticut. d. Federal common law. e. Federal Rules of Civil Procedure.
- John Doe, a citizen of New York, injures Richard Roe, a citizen of New York, during an automobile accident in New Jersey. Mr. Roe files a complaint against Mr. Doe in the United States District Court for the District of Connecticut, alleging a claim for negligence and requesting damages of more than $75,000. Neither Mr. Doe nor Mr. Roe has any contacts with Connecticut. The court has:
a. Diversity jurisdiction b. Federal question jurisdiction c. Personal jurisdiction d. All of the above e. None of the above
- John Doe, a citizen of New York, injures Richard Roe, a citizen of New York, during an automobile accident in New Jersey. Mr. Roe files a complaint against Mr. Doe in the United States District Court for the District of New Jersey, alleging a violation of the Bad Driver Act of 2010, which creates a federal cause of action for anyone injured by a person operating an automobile in interstate commerce, and claiming $1 million in damages. The court has:
a. Diversity jurisdiction b. Federal question jurisdiction c. Personal jurisdiction d. b and c. e. None of the above
- John Doe, a citizen of New York, is injured by Richard Roe, a citizen of Pennsylvania, and Samuel Soe, a citizen of Ohio, during an automobile accident in New Jersey. Mr. Doe is a resident of the Southern District of New York, Mr. Roe is a citizen of the Eastern District of Pennsylvania, and Mr. Soe is a citizen of the Northern District of Ohio. Mr. Doe files a diversity action in federal court against Mr. Roe and Mr. Soe. Venue is proper in the:
a. Southern District of New York b. Eastern District of Pennsylvania c. Northern District of Ohio d. District of New Jersey e. All of the above
- John Doe, a citizen of New York, is injured by Richard Roe, a citizen of Pennsylvania, and Samuel Soe, a citizen of Ohio, during an automobile accident in Mexico City, Mexico. Mr. Doe is a resident of the Southern District of New York, Mr. Roe is a citizen of the Eastern District of Pennsylvania, and Mr. Soe is a citizen of the Northern District of Ohio. Mr. Doe files a diversity action in federal court against Mr. Roe and Mr. Soe. Venue is proper in the:
a. Southern District of New York b. Eastern District of Pennsylvania c. Northern District of Ohio d. District of New Jersey e. b. and c.
- John Doe, a citizen of New York, is injured by Richard Roe, a citizen of Pennsylvania, and Samuel Soe, a citizen of Ohio, during an automobile accident in New York. Mr. Doe is a resident of the Southern District of New York, Mr. Roe is a citizen of the Eastern District of Pennsylvania, and Mr. Soe is a citizen of the Northern District of Ohio. Mr. Doe files a complaint in the New York State Supreme Court of New York County, which is located in the Southern District of New York. The complaint alleges claims for negligence and requests $1 million in damages. Mr. Roe and Mr. Soe may remove the action to the:
a. Southern District of New York b. Eastern District of Pennsylvania c. Northern District of Ohio d. District of New Jersey e. b. and c.
- John Doe, a citizen of New York, has continuous and systematic contact with the state of New Jersey. Mr. Roe files a complaint against Mr. Doe in a New Jersey state court. Due process permits the court to exercise personal jurisdiction over Mr. Doe if:
a. Mr. Roe’s action arises out of Mr. Doe’s contacts with New Jersey b. Mr. Roe’s action does not arise out of Mr. Doe’s contacts with New Jersey c. Mr. Doe was personally served in New Jersey d. Mr. Doe consents to personal jurisdiction in New Jersey e. All of the above
- Federal Rule of Civil Procedure 3 provides, “A civil action is commenced by filing a complaint with the court.” Jefferson Rule of Civil Procedure 3 provides “A civil action is commenced by filing a complaint with the court within 5 years from the accrual of the action.” On January 1, 2000, while visiting the State of Jefferson, Mr. Doe, a citizen of New York, injures Mr. Roe, a citizen of Jefferson. On January 1, 2010, Mr. Roe files a complaint against Mr. Doe in the United States District Court for the District of Jefferson, alleging a negligence claim and requesting $1 million in damages. Mr. Doe files a motion to dismiss. The Court should:
a. Deny the motion to dismiss b. Grant the motion to dismiss for lack of personal jurisdiction c. Grant the motion to dismiss for lack of subject matter jurisdiction d. Grant the motion to dismiss because the action is time-barred e. Remand the action to Jefferson state court
- John Doe, a citizen of New York, licenses a patent to Richard Roe, a citizen of Jefferson. Mr. Doe files a complaint against Mr. Roe in Jefferson state court, alleging a breach of the patent licensing agreement and requesting $1 million in damages. Mr. Roe removes the action to the United States District Court for the District of Jefferson. Mr. Doe files a motion to remand. The court should:
a. Remand the action to Jefferson state court b. Deny the motion to remand because it has diversity jurisdiction c. Deny the motion to remand because it has federal question jurisdiction d. Grant the motion to dismiss because the action is time-barred e. Remand the action to Jefferson state court
- Acme, Inc. is a California corporation that distributes widgets. Acme’s headquarters are in San Clemente, California. Acme stores its widgets in warehouses located in Reno, Nevada and Portland, Oregon. About 90% of Acme customers are located in Arizona. For the purpose of 28 U.S.C. § 1332, Acme is a citizen of:
a. California b. Nevada c. Oregon d. Arizona e. a., b., and c.
- John Doe, a citizen of New York, hires Acme, Inc. to repair his wedding ring, which is worth $50,000. Acme is a New Jersey corporation that only operates in New Jersey. Acme mistakenly gives the wedding ring to another customer. Mr. Doe files a complaint in the United States District Court for the District of New Jersey, alleging a claim for conversion of the ring and a claim for negligent infliction of emotional distress, and requesting damages in excess of $75,000. New Jersey does not recognize the tort of negligent infliction of emotional distress. Acme files a motion to dismiss. The court should:
a. Deny the motion to dismiss because it has federal question jurisdiction b. Deny the motion to dismiss because it has diversity jurisdiction c. Deny the motion to dismiss because it has personal jurisdiction d. Grant the motion to dismiss because it lacks personal jurisdiction e. Grant the motion to dismiss because it lacks subject matter jurisdiction
- John Doe, a citizen of New York, and Richard Roe, a citizen of New York, each invest $50,000 in Acme, Inc., a New Jersey corporation. Mr. Doe and Mr. Roe ask Acme to return their respective investments. Acme refuses, so Mr. Doe and Mr. Roe file a complaint in the United States District Court for the District of New Jersey, each alleging a breach of contract claim and requesting $50,000 in damages. Acme files a motion to dismiss. The court should:
a. Deny the motion to dismiss because it has federal question jurisdiction b. Deny the motion to dismiss because it has diversity jurisdiction c. Deny the motion to dismiss because it has personal jurisdiction d. Grant the motion to dismiss because it lacks personal jurisdiction e. Grant the motion to dismiss because it lacks subject matter jurisdiction
Fact Pattern # 2
John Doe was a citizen of the State of Jefferson. On January 1, 1995, Mr. Doe purchased a 10-year term life insurance policy with a death benefit of $200, from Acme, Inc., a Delaware corporation headquartered in New York, with branch offices in Arkansas, Jefferson, and Rhode Island. Mr. Doe’s policy listed the following beneficiaries: His wife, Dorothy Doe, a citizen of Jefferson (50%); his uncle, Richard Roe, a citizen of Arkansas (25%); and his nephew Peter Poe, a citizen of Rhode Island (25%).
On December 31, 2005, Mr. Doe died. On December 1, 2006, Acme refused to honor Mr. Doe’s life insurance policy. On December 15, 2007, Mrs. Doe, Mr. Roe, and Mr. Poe filed a complaint against Acme in the United States District Court for the District of Jefferson, alleging breach of contract. Mrs. Doe claimed damages of $100,000, Mr. Roe claimed damages of $50,000, and Mr. Poe claimed damages of $50,000. Mr. Poe personally served a summons and complaint on the manager of Acme’s branch office in Jefferson.
On January 15, 2008, Mr. Doe’s niece Sally Soe, a citizen of New York, filed a motion to intervene pursuant to Federal Rule of Civil Procedure 24. Ms. Soe claimed that Mr. Doe had intended to name her sole beneficiary of his life insurance policy. On January 31, 2008, Acme filed a motion to dismiss the complaint for improper service of process and a motion to dismiss the claims of Mr. Roe and Mr. Poe for lack of subject matter jurisdiction.
- Should the district court grant Ms. Soe’s motion to intervene? (5 points)
- Should the district grant Acme’s motion to dismiss the complaint for improper service of process? (10 points)
- Should the district court grant Acme’s motion to dismiss the claims of Mr. Roe and Mr. Poe for lack of subject matter jurisdiction? (5 points)
Fact Pattern # 3
John Doe is a citizen of New York. On January 1, 2000, Mr. Doe drove to Jamestown, North Dakota to see the World’s Largest Buffalo. After looking at the Buffalo, Mr. Doe purchased a corndog from a concession stand owned and operated by Mr. Roe, a citizen of North Dakota. Unfortunately, the corndog was infected with salmonella bacteria. Mr. Doe contracted salmonellosis and was hospitalized for 2 weeks.
On January 15, 2000, Mr. Doe filed a complaint against Mr. Roe in the New York County Supreme Court, alleging that Mr. Roe negligently stored his corndogs at 45˚ F in violation of the Federal Prepared Food Act and claiming damages of $75,000.
On April 1, 2000, Mr. Doe sent a letter to Mr. Roe, stating that he was interested in investing in Mr. Roe’s concession stand. On April 2, 2000, Mr. Roe drove to New
York, in order to meet with Mr. Doe. When Mr. Roe arrived at Mr. Doe’s home in New York, Mr. Doe served Mr. Roe with a summons and complaint.
On May 1, 2000, Mr. Roe filed a notice of removal and Mr. Doe’s action was removed to the United States District Court for the Southern District of New York. On May 15, 2000, Mr. Doe filed a motion to remand his action to the New York County Supreme Court.
- Can the New York County Supreme Court or the Southern District of New York exercise personal jurisdiction over Mr. Roe? (5 points)
- Should either court exercise personal jurisdiction over Mr. Roe? ( points)
- Should the Southern District of New York grant Mr. Doe’s motion to remand? (10 points)
END OF THE EXAM
New York Prepared Food Act § 10 provides, “A vendor of prepared food who violates any New York or federal standard governing the sale of prepared food is presumed negligent under this Act.”
