Civil Law: Optional Mid-term

Pepperdine University School of Law

Masters in Legal Studies

CIVIL PROCEDURE AND LITIGATION

OPTIONAL MIDTERM RE-WRITE HYPO:

Instructions:  This is an optional assignment wherein you can earn up to 10 additional points to be added to your midterm final points.  Before writing an answer to this hypothetical, please carefully review the midterm rubric returned to you, as well as the associated lectures and/or slides. Use that feedback and review as a guide in addressing the hypothetical here. Please also feel free to set up a 1-on-1 review of your midterm with me.

Read the hypothetical below and then answer each question in bold.  Take time to analyze the issues, and to organize your answer to each question.  If you find it necessary to make an assumption of fact, please state what those assumptions are and continue with your answer.  Your answer will be graded primarily on the quality of your legal reasoning and analysis in applying legal principles to the facts. You are expected to identify relevant issues, state relevant rules that govern those issues, apply and analyze the rules to the relevant facts in the test question, and reach a legal conclusion that resolves the issues presented in the question.  This instruction means use IRAC form (Issue, Rule, Analysis, and Conclusion) when writing your answers.  Consider the following format for each IRAC answer:

  • Issue: (you can use the call of the question here)
  • Rule: (state the legal principle that applies to the issue)
  • Analysis: (start with “Here,” use language of the legal principle, then use the word “because” followed by specific facts)
  • Conclusion: (in one sentence conclude, “Therefore. . .”)

Hypothetical:  Dixie (D) is an up-and-coming musician.  She is a citizen of Tennessee.  D has been in the music business for only six months, making her own CDs off of her computer; prior to that she was a hairdresser who had never traveled outside of Tennessee.  Perfect Music Producing Company (P) saw D perform at a local bar in Tennessee and approached her to see if she was interested in selling her music CDs through their company.  P is incorporated in Tennessee and headquartered in California.  P paid for D to fly out to California for the contract negotiations at P’s headquarters.  D signed a contract with P while she was in California and then flew back to her home in Tennessee.

Per this contract, D shipped her CDs from Tennessee to P’s warehouse located in California.  D, on her own, also stamped the CDs with P’s trademark.  P subsequently discovered that the CDs were damaged and sues D for two claims, seeking $300,000 in damages:  (1) a violation of federal trademark law for stamping the CDs without P’s approval; and (2) a breach of contract claiming that D delivered bad goods.  D claims the CDs were damaged while in P’s warehouse.

 

Question #1 (5 points):  D files a Rule 12(b)(1) Motion to Dismiss the case for lack of Subject Matter Jurisdiction.  How should the Court rule on this motion (is federal court proper)?  In answering this question, using IRAC form, specifically address the following:

  • Analyze whether there is a federal question under 28 U.S.C. 1331 raised in P’s claim against D.
  • Analyze whether there is diversity jurisdiction over P’s breach of contract claim against D under 28 U.S.C. 1332. If not, analyze whether there is supplemental jurisdiction under 28 U.S.C. § 1367(c).
    • Assume P’s state law breach of contract claim is well established under California law and does not raise any complex issues. 

 

Question #2 (5 points):  In which states can P sue D (where is D subject to personal jurisdiction)?  In answering this question, using IRAC form, specifically address the following:

  • Analyze whether California has specific personal jurisdiction over D.
  • Analyze what state has traditional general jurisdiction over D.