Friday, February 13, 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:

Mary and Tom own adjoining tracts of land in Fouke, Arkansas. Tom claimed that Mary has interfered with Tom’s use and enjoyment of the property. Tom brings a lawsuit on this claim in federal district court in the Northern District of Arkansas, the requirement of diversity jurisdiction being satisfied. Which of the following propositions is most accurate?

A. If Tom seeks an injunction, Mary will be entitled to a jury trial of all fact issues.
B. If Tom seeking a money judgment, Mary will not be entitled to a jury trial of all fact issues.
C. If Tom seeks both money damages and an injunction, he will be entitled to a jury trial of all fact issues.
D. If Tom seeks both an injunction and incidental money damages, Tom will not be entitled to a jury trial of all fact issues.

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

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