Download Civil Procedure Exam: Interpleader Action and Copyright Infringement Cases and more Exams Civil procedure in PDF only on Docsity! FINAL EXAMINATION Civil Procedure B Spring 2001 Mr. Brill 1. a) Question 1 and 2 are worth 10 points. 10 points Answer one of them. b) Questions 3 is worth 20 points. 20 points Answer it. c) The multiple choice questions are worth 40. 40 points d) Dobbins Construction Co. vs Skyway 30 points Structures, et al. 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 question 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 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 328 by 5:00 p.m. 9. You may keep the essay questions. 1. In January a vehicle owned and driven by Adams (a citizen of Arkansas) collided with a school bus in Fayetteville. The school bus had 25 children as passengers, all from Arkansas. The bus was bringing students to visit the University Museum. Six students were seriously injured, and the other 19 had scrapes and bruises and have been emotionally upset since then. The bus driver (who is from Missouri) suffered a broken arm. Adams has $60,000 worth of liability insurance with Every State Insurance (a citizen of Ohio). After its investigation, ESI concluded that Adams was probably driving negligently. Consequently ESI has brought an interpleader action in the federal court for the Western District of Arkansas, has deposited its $60,000, and has asked the court to enjoin any defendants/claimants (the 25 passengers and the bus driver) from bringing any lawsuits elsewhere against either ESI or Adams. Each of the 26 defendants has been personally notified of the lawsuit. You represent two of the students. You are standing in front of the federal trial judge. Make the best argument you can that the interpleader action is improper and should be dismissed from federal court.
