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Case 1: Paul (North Carolina) sues Silas (North Carolina) for breach of contract in North Carolina federal court. Silas files a motion to dismiss for lack of subject matter jurisdiction, which is denied. Silas ultimately wins a jury verdict. Paul appeals for lack of subject matter jurisdiction, but the appeal fails.Case 2: Upset by the verdict, Paul sues Silas again in North Carolina state court. Silas files a motion to dismiss the claim as being precluded.Was the court in case #1 a court of competent jurisdiction?A.Yes.B.No.

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Hans and Yans had a contract to manufacture widgets. Yans alleged that Hans breached it. He then sued Hans in federal district court in North Carolina. Hans filed a 12(b)(2) motion to dismiss for lack of personal jurisdiction. Yans sought and received voluntary dismissal of his complaint and then went forum shopping. When Hans was flying over Alaska airspace, a process server served Hans process and Yans sued in Alaska federal district court. Hans then filed a 12(b)(6) motion to dismiss for failure to state a claim. Yans realized some flaws in his complaint and wants to dismiss without prejudice. Which of the following is true?A. Yans can file a notice of dismissal without prejudice because neither an answer nor a motion for summary judgment has been filed.B.Any notice of dismissal will be with prejudice.C.Even if Hans agrees to stipulate to dismissal, it will be with prejudice because Yans previously dismissed an action.

Cardi B and Taylor Swift get into a car crash while coming back from a Call of Duty tournament. Cardi B's car is totaled and she injures her shoulder and ankle. On a stretcher going into an ambulance, she screams, "You should have looked both ways before crossing me!" at Swift. Cardi B threatens to sue. Swift's lawyer interviews witnesses to the accident and concludes it's likely that Swift ran a red light right before the accident. Later Cardi B tweets out that her lawyers are currently forum shopping to find the best jurisdiction to sue in. Subsequently, Cardi B does file suit and seeks to compel production of Swift's lawyer's memorandum assessing the witness interviews. Was the memorandum prepared "in anticipation of litigation?"A.Yes under the specific claim test.B.Yes under the primary purpose test.C.No.D.Yes under both the specific claim test and primary purpose test.

Vivian sues Nicole for trespass. Nicole does not file a motion to dismiss and instead files an answer denying liability. At the close of discovery, Nicole files a motion for summary judgment. At the hearing, Vivian thinks the judge is inclined to rule against her and decides to voluntarily dismiss her case. She files a notice to dismiss her case. Trial has not yet happened. True or false, Vivian can voluntarily dismiss the case without prejudice.

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