Complaint and Summons - Civil Procedure - Past Paper, Exams of Civil procedure

Download Complaint and Summons - Civil Procedure - Past Paper and more Exams Civil procedure in PDF only on Docsity! FINAL EXAMINATION Civil Procedure A Fall 2002 Mr. Brill 1. Essay Questions one and two -20 points (Answer one of them) 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. In answering the essay question: a) You may answer the question in any order you wish. b) Write on each line, but only on one side of the page. (The other side of the page may be used for corrections and belated additions to your answer.) c) Put the number of your essay question on the front of the blue book. 5. 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 essays 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. 6. 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. 7. You may use the Supplement and the Arkansas supplement (with any comments written in them) to complete this examination. 8. Turn your bluebooks, multiple choice questions, scantrons, pencils and qualification sheet in to Room 326 by the time posted at the front of the room. You may keep the essay question. Essay Question One 1. Paul Peterson, a citizen of Pennsylvania, and David Dobbs, a citizen of Delaware, were involved in a fight in a bar in Pittsburgh on July 20, 2000. On July 1, 2002 Paul Peterson filed a lawsuit in federal district court in Pennsylvania against Doug Dobbs, seeking $100,000 for personal injuries. The complaint and summons were delivered to the federal marshal in Delaware on July 14, 2002. Doug Dobbs was served on August 1, 2002. Doug was totally mystified by the complaint. Accordingly, he does not respond. Nothing else happens. His twin brother David has been on a mission trip to an Inca village high in the Andes for six months. When he returns to Delaware on November 10, 2002, Doug asks him: “Do you know a Paul Peterson?” After some discussion, David realized that he was the intended defendant. The plaintiff’s investigator discovered the mistake on December 1, 2002. The plaintiff’s law firm filed a Rule 15 motion to amend on December 2. The plaintiff seeks to substitute David for Doug. It argues that, under the Erie doctrine, and in particular Hanna and Byrd, the Federal Rules of Civil Procedure apply, and that the requirements of 15(c)(3) have been satisfied. You represent the purported defendant David. You have filed an objection to any amendment or substitution. The statute of limitations for assault and battery in Pennsylvania is two (2) years. Pennsylvania has a narrow and restrictive amendment provision. In addition, the Pennsylvania courts have consistently held that amendments to pleadings are not an effective means of avoiding the legislative policy embodied in statutes of limitations. You are to make the best argument you can for the defendant. Be organized, be thorough, be logical, be creative. You are standing in front of the federal judge. It is not necessary to repeat the basic facts. (Before going to the courthouse, your senior partner reminds you that, no matter how good one argument may appear, don’t neglect other solid arguments.) Essay Question Two 2. You are the law clerk to a federal judge in the Western District of Arkansas. Today, December 13th, she comes to you with the following situation: “Lacy (or Larry) Law Clerk, we have a complicated problem here and I need your advice. Let me give you the basic facts. On October 1st, the plaintiff sued in our local state court. In Count I Paul the plaintiff alleged that Police Officer Dan violated his civil rights when Dan used excessive force in detaining Paul during an environmental protest. Relying on the federal civil rights act, Paul sued for $50,000. In addition, Paul sued Dan under the