UNIVERSITY OF KENTUCKY
FALL 1994
Room 110
FINAL EXAMINATION
INSTRUCTIONS - READ CAREFULLY
1. The only book you are allowed to use during the examination is your copy of the Federal Rules of Civil Procedure ("Rules Book"). Your Rules Book must not contain any tabs, annotations, outlines, or other written material. Underlined words and/or passages, however, are acceptable. If this rule is violated, you will not be permitted to finish the final examination and will receive an "E" for this course.
2. You cannot use commercial or personal outlines. Violation of this rule subjects you to the sanction mentioned in Rule 1.
3. You have three (3) hours to complete the examination. The final examination is worth two hundred and fifty (250) points.
4. The final examination is composed of two questions. The first question is worth two hundred (200) points. The second question is worth fifty (50) points.
5. You write your examination number in the space provided on the front of this examination and on the front of each blue book you use.
6. If you use more than one blue book, mark the first blue book "l of 3", the second one "2 of 3", and so on.
7. Write your answers using a pen that has blue or black ink.
8. Write all of your answers in your blue books. You will not receive points for responses that are not included on the blue book pages.
9. Write on every other line and on only one side of the page.
10. Write your answers clearly and thoughtfully. If you believe you need to make an assumption, then clearly note what it is you are assuming. If you make a reasonable factual reference from a given fact, state the inferred fact and how you reasonably inferred the fact.
11. Answer only the questions asked. You will not receive points for irrelevant responses.
12. After the three hours have passed, I will call time and all students must immediately cease writing. If you do not follow this instruction, I will confiscate your blue book(s) and you will receive an "E" for this course.
13. 1 will either be in the classroom or in my office during the exam. If you have any questions, please come and ask me.
14. After you hand in your blue books do not ask me any questions regarding the final examination or make any comments pertaining to your answers.
1 5. All academic endeavors of the students of the University of Kentucky College of Law are governed by the Honor Code.
GOOD LUCK ON THE EXAMINATION!
This question is worth two hundred (200) points. Be thorough in the identification and analysis of the issues. Be sure to allocate your time properly.
ABC Corporation ("ABC") was Incorporated in Delaware. This is where ABC originally had its principal place of business. However, as time passed, business improved and ABC's chief officers earned higher salaries so they decided to move to New York. Not only did they want to enjoy the luxurious lifestyle available to those who live in New York, but living there also makes it easier for the officers to conduct the company's long-range planning and to monitor the firm's daily productivity and its performance in the financial markets. ABC primarily manufactures widgets. It produces a wide variety of widgets. However, the most popular, and profitable, widget is produced at ABC's Southwestern plant, located in New Mexico. ABC also maintains a large office in St. Louis, Missouri. This off ice coordinates the business affairs of the various manufacturing plants located throughout the United States.
Jolene Smith was born in Delaware. She lived in Wilmington, Delaware for 18 years. She attended college at the University of Missouri. She recently graduated from there and still works as a waitress at a restaurant located near the university. Like many recent graduates, Jolene does not know exactly what she wants to do with her life or where she ultimately wants to live. She is, however, certain that eventually she wants to live in another state. Recently, Jolene has been thinking more about fulfilling her dream of living in Santa Fe, New Mexico. Being a spontaneous person, Ms. Smith decides that there is no time like the present so she goes to Santa Fe to check out the living and working situations. While she is there, she meets some people who invite her to share their apartment located on the main plaza in. Santa Fe. Jolene agrees to this plan and immediately decides to return to Missouri to get her belongings. On her way back she was involved in a car accident near the New Mexico - Texas border. Her Ford Escort and a truck owned by ABC collided. Her car was damaged beyond repair. Jolene also sustained physical injuries which required her to stay at a hospital in New Mexico for one week.
Jolene returned to Missouri to gather her belongings for the move to New Mexico. While she was there she contacted her cousin who recently graduated from law school. He urges her to sue ABC for the damages to her person and to her car. He also tells her that any claims against ABC would probably be for negligence. Although her cousin is not one-hundred percent certain, he estimates the damage to her automobile to be approximately $22,000 and that $41,000 should be sufficient compensation for her physical injuries. The long-arm statute for each state mentioned reads as follows:
Personal jurisdiction over a non-resident defendant may be exercised to the extent permitted by the Constitution.
ABC is aware that Ms. Smith might bring this action. If she files any claims against it, then ABC plans to file a state law claim against Ms. Smith alleging that she was the negligent party and that her actions violated a little known federal law that pertains to interstate commerce that states: "all state roads must be safe in order to aid in the interstate transportation of goods."
Because he is inexperienced Ms. Smith's cousin doesn't want to represent her so he refers the case to you. As Ms. Smith's attorney, you must first decide in which state you can file this action against ABC Company. In addition, you will want to determine which court has the power to hear the case. Once you decide these issues, be sure and address any issues raised by ABC's threatened action against Ms. Smith.
This question is worth fifty (50) points.
lnstructoom:Carefully read each question. Answer two of the questions. Your answers should reflect your understanding of the legal and policy issues involved. In addition, the answers should be well organized and include your views and ideas on the issue. Each response is worth twenty4ive (25) points.
1 . What is and should be the present status of transient jurisdiction? Why?
2. Critique section 1367, the supplemental jurisdiction statute. Include a discussion of the statute's strengths and weaknesses. Your assessment should include your views regarding how successful the statute is in satisfying the goals that prompted its enactment.
3. Discuss the interaction between Article III of the Constitution and federal subject matter jurisdiction.
4. Discuss whether the manner in which the transfer of venue statue operates should be altered. Be sure to include reasons supporting your conclusion.
5. How, if at all, does the Erie doctrine and its progeny impact a federal district court's ability to function like a state court in adjudicating a case heard pursuant to diversity of citizenship subject matter jurisdiction?
6. What role, if any, should and does law and status play in the development and application of the rules of civil procedure. Feel free to supplement your answer with examples from the casebook. and/or from class discussions.
HAVE A GREAT VACATION!