CA Bar Exam 練習答案: Civil Procedure (Feb 2009)

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今回はFab 2009のQ2, Civil Procedureです。

問題文

Feb 2009 Question 2
https://juraxbar.com/wp-content/uploads/2016/04/February-2009-CBX.pdf

Copyco, Inc. (―Copyco‖), a maker of copy machines, was incorporated in State A. Most of Copyco’s employees work in State B at its sole manufacturing plant, which is located in the southern federal judicial district of State B. Copyco also has a distribution center in the northern federal judicial district of State B.

Sally is a citizen of State B. Sally was using a Copyco copy machine at Blinko, a copy center within the northern federal judicial district of State B, when the machine started to jam. When Sally tried to clear the jam, she severely injured her hand. She underwent several surgeries at a nearby hospital. Her physician believes she may never recover the full use of her hand.

Sally filed a lawsuit against Copyco as the sole defendant in the State B northern district federal court. Her complaint alleges that Copyco was negligent and that she has suffered physical injury, and also seeks damages of $100,000, exclusive of costs and interest.

The federal court has subject matter jurisdiction to hear Sally’s lawsuit on the basis of diversity of citizenship. Copyco, however, moved for a change of venue
to the southern federal judicial district of State B. The court denied Copyco’s
motion.
Sally wishes to obtain from Blinko a copy of the maintenance records for the
copy machine that caused her injuries.
Questioning the extent of the injuries Sally alleged, Copyco wishes the court to compel Sally to appear for an examination by both a physician and a psychologist of Copyco’s own choosing.

1. Was the federal court correct to deny Copyco’s motion for change of venue? Discuss.
2. (a) Is Sally entitled to a copy of the maintenance records? Discuss.
(b) If so, how must she proceed to obtain them? Discuss.
3. (a) Is Copyco entitled to an order to compel Sally to appear for an
examination by a physician and an examination by a psychologist chosen by
Copyco? Discuss.
(b) If so, how must it proceed to obtain such an order? Discuss.

答案

前半は比較的素直なvenue, jurisdictionの問題、後半はdiscovery関連の問題ですね。重点は小問1だと思いますが、ここに時間をかけすぎると後半が書ききれなくなります。

※以下は、ページの区切り位置の関係で、１ページ目の上部が余白になっています。