Tuesday, January 20, 2015

The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

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Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Selina is injured when she is hit by Patrick’s car. She sues Patrick in federal court, alleging that the court has jurisdiction on the basis of diversity, that “the defendant hit me while driving down Wyoming Street on June 14, 2012,” and that she suffered physical injuries as a result. She demands $250,000 in damages. Which of the following is the best argument that the complaint is insufficient under Rule 8(a)(2)?

A. The allegation is inadequate because it does not give Patrick notice of the events that are the basis of the suit.
B. The allegation is inadequate because it provides insufficient detail concerning the location and time of the accident.
C. The allegation is inadequate because it does not allege that Patrick owed Selina a duty of care.
D. The allegation is inadequate because it does not suggest that Patrick has violated a legal right that gives Selina a right to relief from him.

Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.

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