Civil Procedure (Foundational) Question Pack - Questions

1. A plaintiff filed a lawsuit in federal court based on diversity jurisdiction, alleging breach of contract against a defendant. The plaintiff then sought to add a second defendant, a citizen of the same state as the plaintiff, for a related state-law negligence claim arising from the same transaction.

If the plaintiff amends the complaint, should the court allow the second claim under supplemental jurisdiction?

  1. Yes, because the claim arises from a common nucleus of operative fact.
  2. Yes, because the court has broad discretion to hear any state-law claim.
  3. No, because adding the claim would destroy complete diversity.
  4. No, because the supplemental claim does not independently satisfy the amount-in-controversy requirement.

2. An attorney files a complaint alleging fraud, based entirely on statements from her client, without conducting any independent investigation. The allegations later prove objectively false. The defendant moves for sanctions against the attorney.

What is the court most likely to consider in ruling on the motion?

  1. Whether the complaint was filed with subjective good faith.
  2. Whether the attorney intended to harass the defendant.
  3. Whether the attorney conducted a reasonable pre-filing inquiry.
  4. Whether the opposing party suffered actual prejudice.

3. A plaintiff files suit in federal court against a corporation in a district where the corporation does not reside, and where no acts related to the claim occurred. The corporation timely objects to venue.

What is the most appropriate resolution?

  1. Dismissal, because venue is improper.
  2. Transfer to a proper venue in the interests of justice.
  3. Waiver, because the corporation was served with process.
  4. Stay of proceedings until venue is waived.

4. In a personal injury case, the plaintiff seeks internal memos prepared by the defendant’s insurance adjuster after the accident. The defendant argues the memos are protected from discovery.

How should the court rule?

  1. The memos are protected work product and never discoverable.
  2. The memos are automatically discoverable in personal injury cases.
  3. The memos are not protected because they were not prepared by an attorney.
  4. The memos are discoverable only if the plaintiff shows substantial need and undue hardship.

5. In a jury trial, the plaintiff rests after presenting her case. The defendant moves for judgment as a matter of law, arguing the plaintiff failed to prove an essential element of her claim.

What standard should the court apply?

  1. Whether the plaintiff offered any evidence of the element.
  2. Whether a reasonable jury could find in the plaintiff’s favor.
  3. Whether the plaintiff’s evidence is more persuasive than the defendant’s.
  4. Whether the element is supported by uncontroverted testimony.

6. A Canadian software developer brought a breach of contract action in federal court in Michigan against a U.S.-based tech startup for failure to pay licensing fees. The developer and the startup are citizens of different countries, and the amount in controversy exceeds $150,000. The startup removed the case from state to federal court. The developer moved to remand, pointing out that the startup maintains its principal place of business in Michigan.

What is the developer’s best argument for remand?

  1. The case arises under Canadian law, so federal courts lack jurisdiction.
  2. The startup’s presence in the forum state bars removal based on diversity.
  3. The court lacks subject-matter jurisdiction over contracts for intellectual property.
  4. Federal courts cannot hear removal cases involving international parties.

7. An executive assistant filed a wrongful termination lawsuit in federal court against her employer, alleging discrimination. She never served the complaint, but the employer learned about the case from the court docket and chose not to respond. A default judgment was entered, and the assistant began enforcement proceedings six months later. The employer moved to vacate the default judgment, arguing that it was never served.

How should the court rule?

  1. Grant the motion, because service of process is a jurisdictional requirement.
  2. Deny the motion, because actual notice of the lawsuit cures improper service.
  3. Deny the motion, because six months is an unreasonably long delay.
  4. Grant the motion, because default judgments must be appealed within 30 days.

8. A nonprofit organization sued a local government in federal court over the denial of a zoning variance for a homeless shelter. The case was tried to the bench, and at the conclusion of trial, the judge stated, “Judgment for the defendant. The city acted reasonably.” No other written explanation was given. The nonprofit appealed.

What is the strongest basis for reversal?

  1. The judge issued no jury instructions.
  2. The court erred in not allowing testimony from the city planning board.
  3. The judge failed to issue findings of fact and conclusions of law.
  4. The judge prematurely granted summary judgment.

9. A rideshare driver sued a competing app for tortious interference with business relations in federal court and properly demanded a jury trial. The defendant counterclaimed for injunctive relief based on a non-compete agreement. At trial, the court refused to seat a jury, concluding that the overall case was equitable.

Was this ruling appropriate?

  1. No, because the plaintiff brought a legal claim and timely requested a jury.
  2. Yes, because non-compete disputes are inherently equitable.
  3. Yes, because the defendant’s counterclaim framed the nature of the case.
  4. No, because jury trials are required in all federal court civil actions.

10. A film production company won a jury verdict against its former distributor for breach of contract and was awarded substantial damages. The distributor moved for a new trial, claiming the jury misunderstood financial evidence and awarded damages well beyond the terms of the contract.

What standard should the judge apply in ruling on the motion?

  1. Whether the verdict was supported by any competent evidence.
  2. Whether the judge would have decided the case differently.
  3. Whether the jury was instructed properly on the elements of contract formation.
  4. Whether the verdict was excessive and against the clear weight of the evidence.

11. A federal court dismissed a plaintiff’s civil rights complaint for failure to state a claim. The plaintiff then filed a notice to challenge the dismissal in a higher court. While that process was still underway, the plaintiff submitted a new version of the complaint in the original court, attempting to fix the issues. The court declined to accept the revised complaint.

Was the court’s action proper?

  1. Yes, because the appeal temporarily suspended the court’s authority over the case.
  2. No, because the plaintiff had the right to revise the complaint without permission.
  3. Yes, because the plaintiff did not formally request approval to amend.
  4. No, because the new complaint was connected to the original one.

12. During trial in a business dispute, the judge made several sharp comments suggesting that one party’s actions were “clearly dishonest” and “bordering on criminal.” That party then asked the judge to step aside from the case.

How should the court rule?

  1. Deny the request, because comments during trial don’t show bias.
  2. Grant the request, because the judge’s remarks give the appearance of prejudice.
  3. Deny the request, because the case doesn’t involve a jury.
  4. Grant the request, because all complex commercial cases require a new judge.

13. A group of plaintiffs won approval to proceed together in a lawsuit against a product manufacturer. Shortly after, the manufacturer asked a higher court to review that decision before trial began.

Is the manufacturer’s request appropriate?

  1. Yes, because group lawsuit approvals are treated as final decisions.
  2. No, because early appeals are never allowed in these kinds of lawsuits.
  3. Yes, if the higher court agrees to examine the decision before trial.
  4. No, because the manufacturer must wait until the entire trial is finished.

14. A federal judge issued a temporary order preventing a public agency from enforcing a new policy while a legal challenge played out. The agency then took the matter to a higher court before the case was resolved.

What effect does the appeal have on the trial court’s authority?

  1. The entire case comes to a halt until the appeal is decided.
  2. The temporary order is automatically put on hold.
  3. The trial court can continue handling unrelated parts of the case.
  4. The trial court is permanently barred from acting further.

15. An individual sued a state in federal court, claiming that one of its laws violates the Constitution. The state argued that the case couldn’t proceed and asked for dismissal. The individual had named the state itself as the sole party in the case.

How should the court rule?

  1. Grant the request, because states are generally shielded from such suits in federal court.
  2. Deny the request, because constitutional claims must be heard regardless of the party.
  3. Grant the request, because the individual should have filed in state court first.
  4. Deny the request, because the state gave up its immunity by creating the challenged law.

16. A plaintiff sued two unrelated defendants in federal court, alleging separate state-law claims against each. The claims do not arise out of the same transaction or occurrence, and there is no allegation that the defendants acted jointly.

What is the best basis for dismissing one of the defendants?

  1. The plaintiff failed to properly serve the second defendant.
  2. The court lacks personal jurisdiction over the second defendant.
  3. The claims were improperly joined in a single action.
  4. The second defendant filed a motion for a more definite statement.

17. A federal judge issued a ruling dismissing a plaintiff’s complaint with prejudice for failure to state a claim. The plaintiff later discovered new evidence and sought to reopen the case in the same court six months later.

What is the strongest reason to deny the request?

  1. The dismissal was not appealed within the deadline.
  2. The court already determined it lacked subject-matter jurisdiction.
  3. The judgment was final, and the plaintiff failed to file a timely request to alter or relieve it.
  4. The new evidence could have been discovered earlier.

18. During discovery in a federal civil case, a party refused to produce emails it claimed were protected by the attorney-client privilege. The opposing party filed a motion to compel production.

What is the most appropriate step for the court to take?

  1. Grant the motion immediately because all relevant documents must be disclosed.
  2. Deny the motion and sanction the moving party.
  3. Review the emails in private to decide whether the privilege applies.
  4. Order the parties to attend a settlement conference.

19. A federal judge denied a motion for summary judgment and scheduled the case for trial. The moving party attempted to appeal the denial before trial began, arguing that the issue raised was purely legal.

How should the appellate court respond?

  1. Dismiss the appeal, because the denial is not a final decision.
  2. Hear the appeal, because legal questions are always reviewable.
  3. Dismiss the appeal, unless the parties jointly request certification.
  4. Hear the appeal, because the case involves multiple parties and claims.

20. A court entered default judgment against a defendant who failed to respond to the complaint. The defendant later argued that she had never received proper notice of the lawsuit and sought to vacate the judgment.

What is the most likely result?

  1. The judgment will be set aside if service was improper and the defendant lacked actual notice.
  2. The judgment will stand if the defendant had constructive notice.
  3. The court will reduce the damages award but not overturn the default.
  4. The motion will be denied because judgment had already been entered.

21. A plaintiff in California sued a fashion design firm and a food delivery startup in federal court. She alleged trademark infringement against the design firm and breach of contract against the delivery company. The claims involved separate events and contained no overlapping facts or legal questions.

What is the best basis for dismissing one of the defendants?

  1. The plaintiff failed to properly serve the second defendant.
  2. The court lacks personal jurisdiction over the second defendant.
  3. The claims were improperly joined in a single action.
  4. The second defendant filed a motion for a more definite statement.

22. A writer in Oregon sued a publishing house in federal court for breach of a licensing agreement. The publisher moved to dismiss for lack of personal jurisdiction, but the court denied the motion. The publisher never filed an answer. Months later, default judgment was entered.

What is the strongest argument for vacating the default?

  1. The defendant did not file a motion to stay the case.
  2. The plaintiff did not file a reply to the defendant’s motion.
  3. The defendant acted promptly after learning of the default.
  4. The court lacked authority to decide the jurisdictional issue first.

23. A civil rights organization filed suit in federal court against a city council member. Several months later—after the statute of limitations had expired—they amended the complaint to add a police official who allegedly acted under the same policy.

Which factor is most important in determining whether the amendment should relate back?

  1. Whether the new defendant had notice of the original lawsuit within the time allowed for service.
  2. Whether the plaintiff intended to add the new party from the outset.
  3. Whether the original defendant objected to the amendment.
  4. Whether the facts in the amended complaint are more detailed than the original.

24. A nonprofit sued a developer in federal court over a disputed land sale. After the nonprofit rested its case at trial, the developer moved for judgment as a matter of law. The judge denied the motion, and the case proceeded. The jury returned a verdict for the nonprofit. The developer renewed its motion.

What should the court consider at that point?

  1. Whether the moving party previously filed a motion to dismiss.
  2. Whether a reasonable jury could have ruled in favor of the opposing party.
  3. Whether the moving party called any witnesses.
  4. Whether the opposing party violated any pretrial orders.

25. A freelance engineer won a jury verdict against a drone company for breach of a product development contract. A few weeks later, the company discovered internal emails contradicting the plaintiff's testimony. It moved for a new trial.

What is the strongest argument against granting the motion?

  1. The evidence was in the public record and could have been found earlier.
  2. The evidence undermines the credibility of the plaintiff’s key witness.
  3. The evidence casts doubt on the jury instructions.
  4. The evidence is favorable but comes from a third party.

26. An international graduate student in Georgia filed a diversity suit in federal court against a university located in another state. Before trial, both the student and the university relocated to the same state.

What impact, if any, does this change have on the court’s subject-matter jurisdiction?

  1. None, because jurisdiction is based on the parties’ citizenship when the case is filed.
  2. The court must dismiss the case due to loss of complete diversity.
  3. The court must transfer the case to a state court.
  4. None, because federal courts retain jurisdiction if the parties resolve the dispute.

27. A federal judge issued a temporary restraining order to stop an airline from grounding a whistleblowing pilot. The order was issued without giving the airline prior notice. The airline objected.

What is the strongest reason the court may uphold the TRO?

  1. The order was issued with an expiration date of 30 days.
  2. The movant showed immediate harm and certified efforts to notify the other party.
  3. The movant posted a bond after the TRO was issued.
  4. The TRO barred the airline from responding to media inquiries.

28. An environmental activist filed for summary judgment against a waste management company before formal discovery began. The company responded by stating that key records were still being requested from third parties.

How should the court address the motion?

  1. Grant the motion, because early filings are permitted.
  2. Deny the motion outright, because discovery was not completed.
  3. Allow additional time if the opposing party shows it cannot present essential facts.
  4. Convert the motion into a motion to dismiss.

29. A tenants’ union sued a private developer in state court for violation of a local housing ordinance. The developer removed the case to federal court based on diversity, but the court soon determined that the amount in controversy was not met.

What is the proper course of action?

  1. Dismiss the case entirely.
  2. Remand the case back to state court.
  3. Transfer the case to a bankruptcy court.
  4. Stay the proceedings while the record is supplemented.

30. Two documentary filmmakers jointly sued a media conglomerate in federal court. One plaintiff is a citizen of New York, the other of California. The defendant is incorporated and based in New York.

What is the result?

  1. The court may proceed only with the claim brought by the California plaintiff.
  2. The entire case must be dismissed for lack of complete diversity.
  3. The court may use supplemental jurisdiction to retain the California plaintiff’s claim.
  4. The claims may proceed if the defendant agrees in writing.

31. A biotechnology startup sued a supplier in federal court for delivering defective enzymes. In its answer, the supplier included a counterclaim that was unrelated to the enzyme delivery but arose from a completely different commercial agreement.

What is the best argument for dismissing the counterclaim?

  1. The counterclaim does not arise out of the same transaction or occurrence.
  2. The counterclaim was not labeled as “compulsory.”
  3. The counterclaim was filed too early, before discovery began.
  4. The counterclaim failed to include supporting exhibits.

32. A Florida resident sued a Louisiana-based shipping company in federal court in Georgia for personal injuries sustained aboard a cargo vessel. The company moved to transfer the case to Louisiana.

What should the court consider in deciding whether to transfer venue?

  1. The citizenship of the plaintiff.
  2. The location of the defendant’s registered agent.
  3. The convenience of parties and witnesses and the interest of justice.
  4. Whether Georgia is closer to international waters.

33. An online retailer failed to respond to a properly served federal complaint within the required time. The plaintiff requested a default entry and then a default judgment. The court granted it. The retailer now seeks to set it aside.

Which factor is most important in evaluating that request?

  1. Whether the plaintiff filed in the correct circuit.
  2. Whether the retailer acted quickly and has a meritorious defense.
  3. Whether the retailer objected to personal jurisdiction earlier.
  4. Whether the judgment was published in the court’s newsletter.

34. An employee sued her former boss for defamation in federal court. The boss filed a motion to dismiss for failure to state a claim. The court granted the motion without prejudice. The plaintiff filed an amended complaint.

Can the defendant file another motion to dismiss?

  1. Yes, because each new version of the complaint may be tested.
  2. No, because dismissal ends the litigation completely.
  3. No, because the defendant missed the opportunity to move again.
  4. Yes, but only after a final judgment is entered.

35. A judge entered a partial final judgment as to one of several defendants in a complex fraud case. The plaintiff appealed the order immediately.

What is the main issue with the appeal?

  1. The appeal is untimely.
  2. The judgment was not final as to all parties.
  3. The case involved a jury, not a bench trial.
  4. The judge failed to certify the order for appeal.

36. During discovery, a party withheld documents by claiming they were confidential business records. The opposing party sought sanctions.

What is the court most likely to do first?

  1. Dismiss the noncompliant party’s claims.
  2. Strike all future filings until documents are produced.
  3. Order the documents to be produced or reviewed privately.
  4. Refer the matter directly to federal investigators.

37. A federal court rendered judgment for a plaintiff. A year later, the defendant tried to bring a new suit in federal court involving the same parties and transaction.

What doctrine most directly prevents the new lawsuit?

  1. Issue preclusion.
  2. Law of the case.
  3. Res judicata (claim preclusion).
  4. Abstention.

38. A software developer sued a contractor in federal court for negligence. The contractor did not file an answer but instead moved to dismiss for improper venue. The court denied the motion, and the contractor filed an answer the next day.

Was the response timely?

  1. No, because the defendant waived all objections.
  2. Yes, because the original motion suspended the time to answer.
  3. No, because answers are due with every motion.
  4. Yes, because plaintiffs must always stipulate to extensions.

39. A federal trial court certified a nationwide consumer class action. The defendant filed a petition to challenge that certification before trial.

What determines whether the appeal can proceed?

  1. Whether the judge granted summary judgment first.
  2. Whether the appellate court permits the appeal.
  3. Whether the plaintiff consents.
  4. Whether the class includes government entities.

40. A startup lost a bench trial in federal court and appealed. On review, the appellate court remanded for additional factual findings. The trial judge then issued new, detailed conclusions.

What rule did the judge most likely follow?

  1. A jury reconsideration rule.
  2. A renewed judgment motion.
  3. A court-ordered remand for clarification.
  4. An interlocutory certification order.

41. A freelance architect filed suit in federal court against a construction firm for failing to pay design fees. The construction firm moved to dismiss, arguing that the architect’s claim arose solely under state law.

How should the court evaluate subject-matter jurisdiction?

  1. Dismiss the case, because breach of contract cannot support federal jurisdiction.
  2. Retain jurisdiction if diversity of citizenship and the amount in controversy are met.
  3. Dismiss the case unless the plaintiff alleges a federal statute.
  4. Transfer the case to state court regardless of party citizenship.

42. A plaintiff filed a motion to compel discovery after the defendant refused to produce requested sales records. The defendant argued that the request was overly broad and unduly burdensome.

What is the court most likely to consider first?

  1. Whether the material is likely admissible at trial.
  2. Whether the request seeks privileged communications.
  3. Whether the burden of production outweighs its potential benefit.
  4. Whether the documents are located out-of-state.

43. A start-up company sued a logistics partner for breach of contract. The defendant responded with a counterclaim for unpaid invoices under a different agreement.

Under what condition is supplemental jurisdiction most appropriate for this counterclaim?

  1. If the amount in controversy exceeds $75,000.
  2. If the counterclaim raises a federal issue.
  3. If the counterclaim shares a common nucleus of operative fact.
  4. If the counterclaim was filed within 14 days of the answer.

44. In a federal civil case, the defendant’s motion for summary judgment was denied. The defendant attempted to immediately appeal, claiming the dispute involved only a legal issue.

How should the appellate court respond?

  1. Accept the appeal if the trial court certifies the legal question.
  2. Dismiss the appeal, because it does not involve a final order.
  3. Grant review only if both parties consent to the appeal.
  4. Accept the appeal as of right, because the dispute is purely legal.

45. A federal court awarded a plaintiff damages in a contract dispute. The defendant filed a motion for a new trial, arguing that the jury misapplied the legal standard.

What is the court most likely to consider?

  1. Whether the jury understood the evidence.
  2. Whether the jury was properly instructed on the law.
  3. Whether the jury deliberated longer than expected.
  4. Whether the defendant objected to venue pretrial.

46. An out-of-state defendant challenged service of process, claiming the plaintiff left the complaint with a neighbor rather than delivering it directly. The plaintiff argued this was sufficient under state rules.

How should the court resolve the dispute?

  1. Accept service, because it was made at the defendant’s home.
  2. Deny service, because only in-person service is permitted.
  3. Accept service, if rules allow service by leaving documents with a responsible person.
  4. Dismiss the case for failure to prosecute.

47. A judge presiding over a bench trial issued a ruling in favor of the defendant without explaining the reasoning. The plaintiff appealed.

What is the most likely result?

  1. Reversal, because the plaintiff testified last.
  2. Dismissal, because bench trials don’t require findings.
  3. Affirmance, because appellate courts defer to trial judges.
  4. Remand, because findings of fact and conclusions of law were not issued.

48. A tenant sued a landlord in federal court for breach of lease. During trial, the landlord moved for judgment as a matter of law after the tenant rested, claiming insufficient proof of damages.

What standard applies?

  1. Whether the evidence proves the claim by a preponderance.
  2. Whether the tenant’s evidence is more persuasive than the landlord’s.
  3. Whether a reasonable jury could find in favor of the tenant.
  4. Whether the element of intent was clearly established.

49. A class action was removed from state to federal court based on diversity jurisdiction. After removal, the plaintiff filed a motion to add a non-diverse defendant.

What is the court most likely to do?

  1. Automatically remand the case to state court.
  2. Deny joinder to preserve diversity and jurisdiction.
  3. Allow joinder only with the plaintiff’s withdrawal of claims.
  4. Evaluate whether permitting joinder serves fairness and efficiency.

50. In a multi-defendant tort case, the jury returned a general verdict without answering special interrogatories. One defendant objected after the jury was dismissed.

What is the most likely result?

  1. The court will order the jury to reconvene.
  2. The verdict will be automatically voided.
  3. The objection will be preserved for post-trial briefing.
  4. The objection is waived because it was not raised before the jury was discharged.