Contract of Employment - Civil Procedure - Past Paper, Exams of Civil procedure

Download Contract of Employment - Civil Procedure - Past Paper and more Exams Civil procedure in PDF only on Docsity! UNIVERSITY OF MARYLAND SCHOOL OF LAW LEGAL METHOD-CIVIL PROCEDURE I (3 hours) Professor Reynolds December 21, 1990 Section E 9:10 a.m. - 12:10 p.m. No. Signature: Printed Name: INSTRUCTIONS: Sign and print your name in the blanks above. Put the number found above on each of your blue books on the outside cover and on the envelope. If you write more than one blue book (e. g., two), put on the cover of the first: " 1st of 2, " and on the second, "2nd of 2, " etc. Do not put your name on the blue books or on the envelope at any place. When you turn in your blue books, return the questions. Each student is responsible for ensuring that all the completed examination papers (usually blue books) and the examination question sheets are handed in to the examination administrator. No examination papers will be accepted after the examination administrator has collected the materials. Upon completion of the examination, put your answers to the examination in the envelope, fasten the flap with the clasp, and hand in the envelope to the exam administrator. Be sure to enclose all of your answers -- you will be graded only on what is inside the envelope. Do not put the exam questions in the envelope. Hand in the questions separately to the exam administrator. Do not put your name anywhere on the envelope or on your answers. Both the envelope and your answers should contain your exam number, the course name, and the instructor. SPECIAL INSTRUCTIONS: This is an OPEN BOOK exam. You may use any materials you wish. There are three essay questions, followed by a short section of objective questions. Each question will be graded approximately in proportion to the time allocated for its answer. Please discuss all relevant issues. WATCH YOUR TIME. QUESTION I (55 minutes) Sam owns a bar (Jon Stephens) in Baltimore and one in Boston (Cheers). He owns houses in Maryland and Massachusetts. His car is registered in Maryland, and he votes here as well. He spends an equal amount of time in his two homes. Sam has been sued in state court in Massachusetts by Diane, a resident of Massachusetts. She contends that he breached his contract of employment with her (Count I), and that he breached a contract to sell the Boston bar to her (Count II). She seeks $20,000 in damages for Count I, and $40,000 for Count II. A. Can Sam remove the case to the United States District Court for the District of Massachusetts? Discuss. B. Assume, rightly or wrongly, that the case is now in federal court. Diane, who is not a lawyer, but believes she can do anything, is representing herself. Her entire Count I reads as follows: Sam is an imbecilic Freudian study of a washed-up ballplayer who told me he'd pay me $1000 for the 20 months I slaved for him in the noisome fumes of that fetid den. Cheers! Hrumph! What motions might Sam reasonably make? Discuss. C. Assume, rightly or wrongly, that Sam must now answer. His attorney, Woody, is considering two possible answers to Count I. i. Defendant neither affirms nor denies the allegations of Count I. ii. Defendant denies he is an imbecilic Freudian. Discuss those possible answers. Also assume, for this part of the question only, that Cheers is a corporation; thus, the alleged contract of employment would have been with the corporation, not with Sam. Discuss whether Woody should mention that fact in his answer. D. Assume the case goes to trial. Testimony at trial reveals not only evidence of breach of the contracts, but that Sam may well have defamed Diane in statements made to Carla, a Cheers waitress, concerning Diane's emotional abilities. May Diane amend her complaint to seek damages for the defamatory comment to Carla? E. Evidence at trial also reveals that Diane's damage claim in Count II was vastly under-stated (the bar's value has been greatly increased because its name resembles a bar in a A. True/False. Write the more appropriate word in your bluebook. Explanatory comment is not expected. 1. The court in The T.J. Hooper found custom to be a source of maximum obligation. 2. Every appellate court publishes all of its decisions. 3. Rule 11 does not use an objective standard. 4. A juror may not tell other jurors her own person experience concerning disputed facts. 5. "We find for the plaintiff in the sum of $100,000" is a special verdict. 6. A decision to remand cannot be reviewed on direct appeal. 7. The Federal Rules of Civil Procedure became effective in 1938. B. Multiple Choice. Write the most appropriate letter in your bluebook. Explanatory comment is not expected. 1. Which case involved a re-interpretation of a 1789 statute? A. Shaffer v. Heitner B. The T.J. Hooper C. Erie Rd. v. Tompkins D. Fuentes v. Shevin 2. Which of the following can be made at any time? A. Motion to Dismiss B. Motion to Dismiss for lack of personal jurisdiction C. Motion to Dismiss for lack of subject-matter jurisdiction D. Motion for a new exam. 3. P is a citizen of Delaware, D a citizen of Maryland. Suit is filed in a Maryland state court. Which of the following options may D properly exercise? A. Move to dismiss for lack of personal jurisdiction. B. Remove the case to federal court. C. Both of the above. D. Neither of the above. 4. Which of the following is the best source of authority? A.. A student comment in the Baltimore Law Review. B. An unpublished opinion of a federal appellate court. C. A denial of certiorari by the Supreme Court of the United States. D. A published opinion of the Court of Special Appeals of Maryland. 5. Which of the following reasons is the least likely cause of the creation and continuation of diversity jurisdiction? A. To provide secure employment for defeated politicians. B. Concern that state courts would favor their own citizens. C. To help develop the southern and eastern portions of the country. D. To give federal judges a broader (and more realistic) mix of cases. 6. The Statute of Frauds is mentioned in which of the following rules? A. Rule 15 (c) B. Rule 8(c) C. Rule 12(b)(5) D. Rule 7(b) C. Who's going to win the Super Bowl? 6