A Federal Rule of Civil Procedure directly answers a disputed issue in a Delaware diversity case. The opposing party argues the Federal Rule cannot apply because a different Delaware litigation rule would change the resu...
Citations: 28 U.S.C. section 2072
...he plaintiff serves a defendant in a way permitted by Federal Rule of Civil Procedure 4 but not by a Delaware statute requiring a more formal method of service for the same kind of defendant. The state limitations period...
Citations: Hanna v. Plumer, Fed. R. Civ. P. 4, 28 U.S.C. section 2072
...davit. The plaintiff filed a complaint that satisfied Federal Rule of Civil Procedure 8 but did not file the affidavit. The physician moved to dismiss, arguing that the affidavit requirement is part of Delaware's substan...
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer, Gasperini v. Center for Humanities, Inc.
...nd mailing a copy the same day. The service satisfied Federal Rule of Civil Procedure 4. The Delaware probate statute governing suits against estate representatives contains a special service provision requiring personal...
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer, Fed. R. Civ. P. 4, 28 U.S.C. section 2072
...grossly excessive as to shock the court's conscience. Federal Rule of Civil Procedure 59 authorizes a new trial but does not supply a numeric damages standard. The defendant moves for a new trial or remittitur, arguing t...
Citations: Erie Railroad Co. v. Tompkins, Gasperini v. Center for Humanities, Inc., Fed. R. Civ. P. 59
...tantive for Erie purposes. The investor responds that Federal Rule of Civil Procedure 3 says a civil action is commenced by filing a complaint and therefore the case was timely when filed. Should the federal court treat...
Citations: Erie Railroad Co. v. Tompkins, Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
...re shortage of semiconductor chips threatens military procurement and civilian supply chains. Congress enacted a statute authorizing the President to buy chips for federal agencies and to prioritize military contracts, b...
Citations: https://supreme.justia.com/cases/federal/us/343/579/, https://supreme.justia.com/cases/federal/us/453/654/
In a pending Delaware civil action, the trial court denied the plaintiff's motion for summary judgment on a contract claim. The defendant later moved to bar the plaintiff from presenting contract evidence at trial, argui...
Citations: Restatement (Second) of Judgments Section 13, Delaware claim-preclusion doctrine
A Delaware civil appeal raises several issues: whether the complaint stated a claim as a matter of law, whether the jury had enough evidence to find causation, whether a discovery sanction was too harsh, and whether the...
Citations: Delaware and federal appellate standard-of-review doctrine
...ent Officer who investigates companies, issues subpoenas, and imposes civil penalties. The statute provides that the Officer is appointed by the Speaker of the House for a six-year term. What is the strongest separation-...
Citations: https://constitution.congress.gov/browse/essay/artII-S2-C2-3-1/ALDE_00013092/, https://www.supremecourt.gov/opinions/24pdf/24-316_869d.pdf
During Delaware civil discovery, a defendant repeatedly refuses to produce documents after court orders, serves evasive responses, and fails to appear for a noticed deposition. The plaintiff seeks sanctions. Which statem...
Citations: Fed. R. Civ. P. 37, Del. Super. Ct. Civ. R. 37
In a civil enforcement suit filed in Delaware superior court, the city deposes a contractor about whether she knowingly submitted false invoices. The district attorney has opened a parallel investigation but has not file...
Citations: Evidence Code Section 940, Evidence Code Section 913, Hoffman v. United States
In a Delaware civil action, the trial court granted the defendant's Rule 12(b)(6) motion to dismiss the plaintiff's entire complaint without leave to amend. The court's minute order stated, "Motion granted without leave...
Citations: Del. Supr. Ct. R. 6, Del. Supr. Ct. R. 42
In a federal civil case in the District of Delaware, the court announced a final decision on March 1 and entered a detailed memorandum opinion and order on the docket, but it did not enter a separate Rule 58 judgment. No...
Citations: Fed. R. App. P. 4(a)(1), 4(a)(7), Fed. R. Civ. P. 58
In a federal civil case in the District of Delaware, the trial judge signed a written final judgment for the plaintiff on Monday. The clerk did not enter the judgment until Friday. On Wednesday, after the judge signed th...
Citations: Fed. R. App. P. 4(a)(2)
In a later Delaware civil action, one party seeks to prevent its opponent from relitigating a factual issue addressed in an earlier case. Which statement best states the rule for issue preclusion? This MCQ tests the elem...
Citations: Restatement (Second) of Judgments Section 27, Delaware issue preclusion doctrine
...o announced a criminal investigation into the same invoices. At Leo's civil deposition, the city's lawyer asks whether Leo created duplicate invoices, whether he directed employees to describe private work as city work...
Citations: Evidence Code Section 940, Evidence Code Section 913, Hoffman v. United States
...personally directed a private employee to falsify business records. A civil plaintiff sues him for that pre-office conduct. The former President argues that executive privilege, official-act immunity, and his former offi...
Citations: https://supreme.justia.com/cases/federal/us/418/683/, https://supreme.justia.com/cases/federal/us/457/731/, https://supreme.justia.com/cases/federal/us/520/681/, https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf
...most accurate under Delaware's statute of frauds? This question tests Civil Code section 1624's one-year category. Cal. Civ. Code sec. 1624
Citations: Cal. Civ. Code sec. 1624
...Director, appointed by the Commission, who may issue subpoenas, bring civil enforcement actions, settle cases, and impose binding compliance plans unless the Commission chooses to review them. The Director is removable b...
Citations: https://supreme.justia.com/cases/federal/us/487/654/, https://supreme.justia.com/cases/federal/us/591/19-7/, https://supreme.justia.com/cases/federal/us/561/477/, https://www.supremecourt.gov/opinions/24pdf/24-316_869d.pdf
...may be removed by the President only for cause. The inspectors bring civil enforcement actions. What is the best Article II challenge? This question tests dual-layer for-cause removal protection. https://supreme.justia...
Citations: https://supreme.justia.com/cases/federal/us/561/477/
...est state-action answer? This question tests state-created attachment procedures. https://supreme.justia.com/cases/federal/us/457/922/
Citations: https://supreme.justia.com/cases/federal/us/457/922/
...essay tests joint participation, police assistance, and state-created procedures. https://supreme.justia.com/cases/federal/us/457/922/, https://supreme.justia.com/cases/federal/us/398/144/, https://supreme.justia.com/cas...
Citations: https://supreme.justia.com/cases/federal/us/457/922/, https://supreme.justia.com/cases/federal/us/398/144/, https://supreme.justia.com/cases/federal/us/334/1/
...appears to fall within a new disclosure statute. The statute carries civil penalties, the agency has warned similar nonprofits, and the agency refuses to disavow enforcement. Which statement best describes ripeness and...
Citations: Susan B. Anthony List v. Driehaus, Abbott Laboratories v. Gardner
USABarPrep Coach