Defendant for Infringement - Civil Procedure - Past Paper, Exams of Civil procedure

Download Defendant for Infringement - Civil Procedure - Past Paper and more Exams Civil procedure in PDF only on Docsity! FINAL EXAMINATION Civil Procedure B Spring 2002 Mr. Brill 1. a) Question 1 is worth 20 points. 20 points b) Questions 2 is worth 10 points. 10 points c) The multiple choice questions are worth 40. 40 points d) Scott v. Douglas Owens 30 points 100 points 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.) The questions will be graded on the quality of analysis, thought and conclusions, not on the number of words. 3. Read the essay questions carefully. Particularly note whether you are to be a judge, advocate, adviser or dispassionate scholar. 4. 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. 5. You may use the Supplement and 25 pages (front and back) of written materials to complete this examination. 6. Your grade on the essay questions 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. 7. In answering the essay questions: a) You may answer the questions in any order you wish. b) Begin the answer to each question on a new page of the bluebook. c) Write on each line, but only on one side of the page. (The other page may be used for corrections and belated additions to your answer.) d) On the front of each bluebook, put the number of each question (or questions) answered within. 8. Turn your bluebooks, multiple choice questions, scantrons, pencils and qualification sheets in at Room 324 by 5:00 p.m. 9. You may keep the essay questions. 1. Patsy Plaintiff brings an action in federal court against Dave Defendant for infringement of a federal copyright Patsy Plaintiff holds on a book. The case is tried to a jury. Note: each of these subparts stands independently, each is worth 2 points, each needs only a short answer (probably 2 or 3 sentences). (A) Dave Defendant moves for judgment as a matter of law (directed verdict) at the close of Patsy Plaintiff’s evidence. The motion is denied. Dave Defendant renews the motion after presenting his own evidence. The motion is denied again. The jury is instructed, deliberates, and returns a verdict for Patsy Plaintiff. May Dave Defendant now move again for judgment as a matter of law (j.n.o.v.)? (2 points) (B) Dave Defendant moves for judgment as a matter of law (d.v.) at the close of the evidence. The motion is denied. The jury returns a verdict for Dave Defendant. Patsy Plaintiff believes that the jury’s verdict is completely unsupported by the evidence. (1) May Patsy Plaintiff now move for judgment as a matter of law (j.n.o.v.)? (2 points) (2) May she move for a new trial because of the sufficiency of the evidence? (2 points) (C) Dave Defendant moves for judgment as a matter of law (d.v.) at the close of the evidence. The motion is denied, and the jury returns a verdict for Patsy Plaintiff. Judgment is entered on the verdict. Dave Defendant believes that the verdict is completely unsupported by the evidence. Three days after judgment is entered, Dave renews his motion for judgment as a matter of law, under Rule 50(b). The judge denies the motion five weeks later. Dave Defendant then moves for a new trial on the grounds that the jurors were drinking alcoholic beverages during lunch. The judge confirms that they were drinking. How should the judge rule? (2 points) (D) At the conference on jury instructions, both parties objected to the proposed instructions. The case was submitted to the jury, which returned a verdict for Dave Defendant. Patsy Plaintiff moves for a new trial on the ground that the judge improperly instructed the jury on the standard for recovery under the copyright statute. Dave Defendant argues strenuously that the instructions were proper. The judge concludes that Patsy Plaintiff is right and orders a new trial. What happens next? (2 points)