...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 individual statutory damage...
Citations: Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., Fed. R. Civ. P. 23, 28 U.S.C. section 2072
...rose from the earlier summary-judgment ruling in the same case. Which statement is most accurate? This MCQ tests why claim preclusion is not an intra-action motion doctrine. Restatement (Second) of Judgments Section 13...
Citations: Restatement (Second) of Judgments Section 13, Delaware claim-preclusion doctrine
...advisory council controlled by the corporation. Which public-function statement is most accurate? This question tests the narrow public-function doctrine. https://supreme.justia.com/cases/federal/us/326/501/, https://sup...
Citations: https://supreme.justia.com/cases/federal/us/326/501/, https://supreme.justia.com/cases/federal/us/407/551/
...directly answers the limitations question. This essay tests choice of state limitations and tolling rules in a Delaware diversity case. Erie Railroad Co. v. Tompkins, Guaranty Trust Co. v. York, Walker v. Armco Steel Cor
Citations: Erie Railroad Co. v. Tompkins, Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
...f's entire complaint without leave to amend. The court's minute order stated, "Motion granted without leave." No judgment of dismissal or separate dismissal order has yet been entered. The plaintiff files a notice of app...
Citations: Del. Supr. Ct. R. 6, Del. Supr. Ct. R. 42
...arks, security patrol, and annual election for the community council. State law gives that council power to levy assessments and issue binding parking and noise rules. Harbor Village barred a candidate from the ballot be...
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/
...ntarily joined. Analyze whether the Association's eligibility rule is state action. Discuss the strongest arguments for each side. This essay tests entwinement state action. https://supreme.justia.com/cases/federal/us/53...
Citations: https://supreme.justia.com/cases/federal/us/531/288/, https://supreme.justia.com/cases/federal/us/457/830/, https://supreme.justia.com/cases/federal/us/419/345/
...e for a new trial. At the second trial, the court excludes a recorded statement because it was obtained in violation of a discovery order. During a difficult cross-examination of a defense witness, the prosecutor asks, "...
Citations: Arizona v. Washington, United States v. Perez, Oregon v. Kennedy, People v. Batts, Penal Code Section 1023
...e distinction between preexisting claims and postjudgment injuries. Restatement (Second) of Judgments Section 24, Lucky Brand D...
Citations: Restatement (Second) of Judgments Section 24, Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., Delaware claim preclusion doctrine
...g the employee from using a disputed source-code repository while the action continued. The employee immediately filed a notice of appeal identifying all three rulings, without seeking Rule 42 certification. Which of the...
Citations: Del. Supr. Ct. R. 6, Del. Supr. Ct. R. 42
...ollege repealed the policy and adopted an interim rule. The president stated that College "may revisit the old rule if campus conditions require it." Student then graduated and moved to another state, but the citation re...
Citations: Already, LLC v. Nike, Inc., Friends of the Earth, Inc. v. Laidlaw Environmental Services, Uzuegbunam v. Preczewski, City of Los Angeles v. Lyons
...price $310,000, delivery March 1, payment net 30." The purchase order stated that it was "final as to price, model, delivery, and payment," but it did not contain a merger clause and did not mention installation or train...
Citations: Cal. Com. Code sec. 2202, Cal. Code Civ. Proc. sec. 1856
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