KY Bar Civil Procedure 4

Question 1

A Kentucky plaintiff sues a Tennessee defendant in Kentucky state court for $200,000. Within 30 days of service, the defendant may remove the case to which court?

Accepted Answer

The federal district court embracing the place where the state action is pending

Answer

Any federal district court in Tennessee

Answer

The Sixth Circuit Court of Appeals

Answer

The Kentucky Supreme Court

Question 2

An in-state defendant is sued in his home state's court on a diversity claim. May he remove the case to federal court?

Accepted Answer

No, because the forum defendant rule bars removal of diversity cases by properly joined and served in-state defendants

Answer

Yes, because diversity of citizenship exists

Answer

Yes, if the amount in controversy exceeds $75,000

Answer

No, because removal is never allowed in diversity cases

Question 3

A plaintiff's federal claim is dismissed, leaving only a related state law claim over which the court had supplemental jurisdiction. What may the court do?

Accepted Answer

Exercise its discretion to decline supplemental jurisdiction and dismiss the state claim without prejudice

Answer

It must retain and decide the state claim

Answer

It must transfer the state claim to state court

Answer

It must enter judgment for the defendant on the state claim

Question 4

A defendant wants to bring a claim against a nonparty who may be liable to the defendant for all or part of the plaintiff's claim against it. What device should the defendant use?

Accepted Answer

Implead the nonparty as a third-party defendant under Rule 14

Answer

File a cross-claim under Rule 13(g)

Answer

File a counterclaim under Rule 13(a)

Answer

Move to intervene under Rule 24

Question 5

During a deposition, opposing counsel asks a question that the deponent's lawyer believes calls for privileged information. What is the proper response?

Accepted Answer

Object and instruct the deponent not to answer to preserve the privilege

Answer

Object on the record but require the deponent to answer

Answer

Terminate the deposition immediately without court involvement

Answer

Physically remove the deponent from the room

Question 6

A plaintiff's claim accrued on June 1 and the statute of limitations ran on the following June 1. She filed the complaint on May 28 but served the defendant on June 10. She later amends to correct a misnomer of the defendant. Does the amendment relate back?

Accepted Answer

Yes, if within the Rule 4(m) service period the correct defendant received notice and knew or should have known the action would have been brought against it but for the mistake

Answer

No, because amendments never relate back after the limitations period

Answer

Yes, automatically, because any amendment relates back

Answer

No, unless the defendant consents in writing

Question 7

Twenty-five people are injured by the same defective product and their claims share common legal and factual questions. Which requirement would most likely defeat class certification under Rule 23(a)?

Accepted Answer

Numerosity, because 25 members may not make joinder impracticable

Answer

Commonality, because product defect cases never share common questions

Answer

Typicality, because injuries can never be typical

Answer

Adequacy, because no plaintiff can represent others