CA Bar Exam 練習答案: Civil Procedure (Feb 2002)

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問題文

February 2002 Question 1
https://nwculaw.edu/pdf/bar/February%202002%20Essays%20and%20Sample%20Answers.pdf

Pam, a resident of State X, brought suit in state court in State X against Danco, a corporation with its principal place of business in State Y. The suit was for damages of $90,000 alleging that Danco breached a contract to supply Pam with paper goods for which she paid $90,000 in advance. In her complaint, Pam requested a jury trial. State X law provides that contract disputes for less than $200,000 must be tried to a judge.

Danco removed the case to federal court in State X. Danco moved to
strike the request for a jury trial. The federal court denied the motion.
A few days before trial, Pam learned for the first time that Danco was
incorporated in State X. She moved to have the case remanded to state court on this ground. The federal court denied the motion.

At trial, Pam testified that she paid for the goods but never received them. Danco admitted receiving Pam’s payment and then presented evidence from its dispatcher that it had sent a truck to Pam’s office with the paper goods. Danco also called as a witness Rafe, who works in a building next to Pam’s office. Rafe testified he saw a truck stop at Pam’s office on the day Danco claimed it delivered the goods. Rafe also testified he saw the truck driver take boxes marked “paper goods” into Pam’s office that same day.

At the close of all the evidence, Pam moved for judgment as a matter of
law. Danco opposed the motion, and the court denied the motion. The jury
returned a verdict in favor of Pam.

Danco then moved for judgment as a matter of law, which Pam opposed.
The court denied Danco’s motion.

Did the court rule correctly on:
1. Danco’s motion to strike the request for a jury trial? Discuss.
2. Pam’s motion to have the case remanded to state court? Discuss.
3. Pam’s and Danco’s motions for judgment as a matter of law? Discuss.

答案