KY Bar Civil Procedure 2

Question 1

A plaintiff from Kentucky sues a defendant from Ohio in federal court for $80,000 in damages arising from a car accident.
The defendant moves to dismiss for lack of subject matter jurisdiction.
How should the court rule?

Accepted Answer

Deny the motion, because diversity of citizenship exists and the amount in controversy exceeds $75,000

Answer

Grant the motion, because car accident claims must be brought in state court

Answer

Grant the motion, because the amount in controversy must exceed $100,000

Answer

Deny the motion, because federal courts have jurisdiction over all tort claims

Question 2

Under the Federal Rules of Civil Procedure, a defendant who wishes to assert lack of personal jurisdiction must raise it at what point or risk waiver?

Accepted Answer

In the first Rule 12 motion or responsive pleading, whichever comes first

Answer

At any time before trial

Answer

At any time, because personal jurisdiction can never be waived

Answer

Only at the final pretrial conference

Question 3

A federal court sitting in diversity in Kentucky must apply which body of substantive law?

Accepted Answer

Kentucky substantive law, including its choice-of-law rules

Answer

Federal common law in all respects

Answer

The substantive law of the state where the defendant resides

Answer

Whichever state's law the judge finds most fair

Question 4

A plaintiff files a complaint but fails to serve the defendant within 90 days. Under Rule 4(m), what must the federal court do absent a showing of good cause?

Accepted Answer

Dismiss the action without prejudice or order that service be made within a specified time

Answer

Dismiss the action with prejudice

Answer

Enter a default judgment against the defendant

Answer

Transfer the case to state court

Question 5

A defendant files an answer, then two weeks later moves to dismiss for improper venue. How should the court rule on the motion?

Accepted Answer

Deny it, because the improper venue defense was waived by omission from the answer

Answer

Grant it, because venue objections may be raised at any time

Answer

Grant it, if the defendant can show prejudice

Answer

Deny it, because venue objections can only be raised at trial

Question 6

In federal court, when must a jury trial demand be served to preserve the right to a jury on a triable issue?

Accepted Answer

No later than 14 days after service of the last pleading directed to the issue

Answer

Within 21 days after the complaint is filed

Answer

At any time before the final pretrial conference

Answer

Within 30 days after discovery closes

Question 7

A plaintiff voluntarily dismisses a federal action by notice before the defendant answers. The plaintiff had previously dismissed an identical state court action the same way. What is the effect of the second dismissal?

Accepted Answer

It operates as an adjudication on the merits under the two-dismissal rule

Answer

It is without prejudice, as all voluntary dismissals are

Answer

It is void because a plaintiff may only dismiss once

Answer

It requires court approval to have any effect