A patient sued a Delaware hospital after a medication error. The patient noticed the hospital's Rule 30(b)(6) deposition and listed topics including medication-administration policies in the surgical unit, training on ba...
Citations: Fed. R. Civ. P. 30(b)(6), 30(c), 34, 37, Del. Super. Ct. Civ. R. 30(b)(6), 34, 37
A software company sued a former employee in Delaware Superior Court for breach of contract, trade secret misappropriation, and fraud. The court granted the employee's Rule 12(b)(6) motion on the contract claim without l...
Citations: Del. Supr. Ct. R. 6, Del. Supr. Ct. R. 42
Mateo is tried before a Delaware jury for assault with a deadly weapon. The jury is sworn, the only alternate juror is excused for hardship, and the prosecution presents two days of testimony. On the third day, a sitting...
Citations: Arizona v. Washington, United States v. Perez, Oregon v. Kennedy, People v. Batts, Penal Code Section 1023
Delaware enacted the Farm Traceability Act, which bars the in-state sale of packaged almonds unless the package label shows that the almonds were grown and processed under specified water-use and pesticide-record rules...
Citations: https://www.supremecourt.gov/opinions/22pdf/21-468_5if6.pdf, https://supreme.justia.com/cases/federal/us/397/137/
A plaintiff notices a Delaware corporation's deposition and describes topics concerning product design, safety testing, and customer complaints with reasonable particularity. The corporation produces a junior employee wh...
Citations: Fed. R. Civ. P. 30(b)(6), Del. Super. Ct. Civ. R. 30(b)(6)
Two Delaware residents and a Maryland resident were injured when a tour bus, a delivery van, and a construction barrier collided on I-95 near Wilmington. The three injured plaintiffs file one diversity action in the Dist...
Citations: Fed. R. Civ. P. 18, Fed. R. Civ. P. 20, 28 U.S.C. section 1367
A Delaware felony defendant demands a prompt trial, and the court delays trial for several months because no courtroom is available. Which statement best describes the speedy-trial analysis? This question tests Delaware...
Citations: Delaware Superior Court Criminal Rule 48(b), Barker v. Wingo, People v. Engram
A city uses a facially neutral written exam for firefighter hiring. The exam has a severe disparate racial impact, but the record contains no statements, procedural departures, or historical facts suggesting racial purpo...
Citations: https://supreme.justia.com/cases/federal/us/426/229/, https://supreme.justia.com/cases/federal/us/429/252/
A private corporation owns an ordinary shopping mall and bars leafleting in the food court. Another private corporation owns all streets, sidewalks, utilities, and municipal services in a remote town where residents live...
Citations: https://supreme.justia.com/cases/federal/us/326/501/, https://supreme.justia.com/cases/federal/us/407/551/
A regulation bars all economically beneficial use of an owner's parcel unless the prohibited use was already barred by background principles of nuisance or property law. Which statement best describes the takings rule? T...
Citations: https://supreme.justia.com/cases/federal/us/505/1003/
City bars all leafleting within 10 feet of the only narrow entrance to a crowded public park amphitheater during events, regardless of message. Speakers may leaflet elsewhere in the park and on surrounding sidewalks. Whi...
Citations: U.S. Const. amend. I, Ward v. Rock Against Racism
...liability for the assault as a nontarget offense? This question tests Delaware natural-and-probable-consequences liability for nontarget offenses. People v. Prettyman, CALCRIM No. 402
Citations: People v. Prettyman, CALCRIM No. 402
...unds. Analyze Diego's arguments and likely remedies. This essay tests Delaware and federal speedy-trial analysis, including Barker factors and dismissal authority for undue delay. Delaware Superior Court Criminal Rule 48...
Citations: Delaware Superior Court Criminal Rule 48(b), Barker v. Wingo, Doggett v. United States, People v. Engram
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 city redeveloped an abandoned naval base into a planned community. By contract, the city delegated to Harbor Village, Inc., a private nonprofit, authority to run the community's streets, parks, security patrol...
Citations: https://supreme.justia.com/cases/federal/us/326/501/, https://supreme.justia.com/cases/federal/us/345/461/, https://supreme.justia.com/cases/federal/us/419/345/, https://supreme.justia.com/cases/federal/us/457/830/
A Delaware consumer filed a diversity class action in the District of Delaware against an out-of-state lender, alleging that the lender charged a $35 fee prohibited by a Delaware consumer statute. The statute authorizes...
Citations: Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., Fed. R. Civ. P. 23, 28 U.S.C. section 2072
...as hit in a Dover intersection by a private shuttle bus. In the first Delaware action, the pedestrian sued only the bus driver for negligence. The driver defended on the ground that the pedestrian entered the crosswalk a...
Citations: Taylor v. Sturgell, Parklane Hosiery Co. v. Shore, Delaware issue preclusion doctrine
A plaintiff in a Delaware personal injury case alleges a traumatic brain injury, chronic neck pain, and disabling anxiety caused by the accident. The defendant seeks medical and psychological examinations. Which statemen...
Citations: Fed. R. Civ. P. 35, Del. Super. Ct. Civ. R. 35
A Virginia investor filed a diversity fraud action in the District of Delaware against a Delaware corporation two days before Delaware's limitations period expired. The complaint was filed on time under federal filing pr...
Citations: Erie Railroad Co. v. Tompkins, Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
...n Wilmington, police find an unregistered handgun in Dana's backpack. Delaware prosecutors charge Dana with possession of a firearm by a prohibited person and carrying a loaded concealed firearm. A jury convicts Dana of...
Citations: Gamble v. United States, Puerto Rico v. Sanchez Valle, Missouri v. Hunter, Blockburger v. United States, Penal Code Section 654
After the complaint and answer are filed in a Delaware federal case, the defendant argues that the pleadings themselves show the claim is barred by a release. Which motion may be available? This MCQ tests judgment on the...
Citations: Fed. R. Civ. P. 12(c)
...payment. The person eventually agrees. Which statement best describes Delaware entrapment? This question tests Delaware entrapment. People v. Barraza, CALCRIM No. 3408
Citations: People v. Barraza, CALCRIM No. 3408
Clinic runs a network of urgent-care offices in Delaware. Vendor provides Clinic's patient-scheduling and records software under a two-year written contract. Clinic has paid all monthly invoices, and the contract permits...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1567., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1569., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1570.
Dante is charged in Delaware with residential burglary and assault. The prosecutor emails defense counsel a written offer: Dante may plead to one count with a three-year sentence if he accepts by Friday. Counsel is busy...
Citations: Strickland v. Washington, Missouri v. Frye, Lafler v. Cooper, Hill v. Lockhart
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