Wednesday, February 18, 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:

Paul sues Rick in federal court in Wyoming. Rick answers the complaint, and 40 days later he realizes that he may have insufficient contacts to be sued in Wyoming and files a motion to dismiss for lack of personal jurisdiction. Assuming the court agrees with Rick, what action should it take?

A. The court should ask Paul where he would like the case transferred.
B. The court should dismiss the case. Paul may refile it where personal jurisdiction over Rick would be proper.
C. The court should dismiss the case with prejudice. Paul may not refile it.
D. The court should keep the case. By answering, Rick has waived any objection he may have had to personal jurisdiction.

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

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