FEDERAL CIVIL PROCEDURE ONE

.....PROBLEM #4

...Complete the following "fill-ins," or choose the best answer from those given:

(1) Pat is domiciled in California. She sues "Denver Dan," in a California federal court, alleging negligence. His car hit her car near his home in Denver. Pat's lawyer charges Dan with the following actionable conduct: "Dan negligently operated his motor vehicle, thus causing harm to Pat. Pat seeks compensatory and punitive damages in an amount within the jurisdiction of this court." .....Dan sues Pat in the same action, on the basis that it was Pat who caused the accident rather than Dan. Dan was not injured personally, although his ten-year old Audi was damaged. (Pat's lawyer did not sue Deftco--whose truck apparently caused Pat to swerve--because Deftco's principal place of business is in California. Deftco is a Colorado corporation.) .....(a) Dan can attack Pat's complaint on the following grounds: _________________ .....(b) Dan can not add his claim to this suit. True___ False ___ Why? .....(c) Deftco can be joined as a party to this suit in two ways: True ___ False ___ Why? .....(d) Deftco cannot properly become a party to this suit. True___ False ___ Why?

(2) Assume that Dan answers the complaint. He does not make a Rule 12b motion to dismiss the complaint prior to his answer. .....(a) Dan may include the above attacks (Q #1a) in his answer. True__ False__ Why?__ .....(b) Dan may later attack jurisdiction even if he does not raise the issue in the pleadings. True__ ..........False__. Why? .....(c) Assume that state law does not permit Dan to raise these issues in his Answer (requiring, instead, a special appearance). A federal judge should not permit Dan to include these matters in his Answer as affirmative defenses. True__ False__

(3) After trial is concluded in Dan's favor, Dan asks the court to consider sanctions against Pat for bringing a frivolous law suit because the case resulted in a defense judgment. Pat undoubtedly believed that she had a valid basis for bringing this suit. Pat's belief in the validity of her suit precludes her from being sanctioned. True__ False__ Why?

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