Civil Procedure I § 2, Fall 1999 Quiz No. 1

University of Mississippi Law School

Professor Michael H. Hoffheimer

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This quiz consists of two parts. You will have thirty minutes to complete the quiz. Answer all parts.

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1. Pat Patterson had grown up and lived his whole life in Memphis, Tennessee. In 1994 Patterson moved to Mississippi to take a permanent job. In 1995 he bought a house in Mississippi.

In 1998 Patterson was injured when he was struck by a car driven by Dan Danielson. At the time of the accident, Danielson was a citizen of Atlanta, Georgia. But in early 1999 Danielson moved to Mississippi and became a Mississippi resident and domiciliary.

As a result of the accident, Patterson was required to undergo several surgical procedures, and he is seeking $90,000 damages. Neither Danielson nor Danielson's insurance company will return Patterson's calls. What court or courts will have subject matter jurisdiction over Patterson's claim for money damages in the amount of $90,000?

2. Sal Seller offered to sell Ben Beier a horse "Dobbin" for $200.00. Beier recognized Dobbin as a valuable purebred Thoroughbred horse worth at least $500, and he promptly accepted the offer. The sale agreement was reduced to writing.

When Beier went to pick up Dobbin, Seller told him she had changed her mind and decided to keep Dobbin.

What court or courts have subject matter jurisdiction over an action for breach of contract seeking money damages for $300.00?

3. Same facts. Beier concludes that Dobbin has great personal value to her that cannot be measured in money and wants a court order to specifically enforce the sales agreement. What court or courts have subject matter jurisdiction?

4. Bob and Babs were married and lived in Mississippi. After years of unhappiness, Bob left and moved to New Orleans, Louisiana where he became a citizen. Babs remains a citizen of Mississippi. Babs wants a divorce. The property in dispute is worth more than $500,000. What court or courts have subject matter jurisdiction over an action for divorce?

5. What state court in Mississippi has subject matter jurisdiction to issue a writ of mandamus?

6. Pam Presley was injured in a car accident when her car was rear-ended by a pickup driven by Sam Duffy. Presley's car was destroyed and she suffered various injuries.

Presley is a citizen of Mississippi. Duffy is a citizen of Tennessee. At the time of the accident he was working for Duffy Bros. Construction, Inc., a corporation incorporated in Delaware with its principal place of business in Memphis, Tennessee. The President and sole shareholder of the corporation is Vick Duffy, a citizen of Mississippi.

Presley commences a civil action in federal district court. Her complaint separately names both Duffy and Duffy Bros. Construction, Inc. as defendants and demands damages in the amount of $75,000. Explain whether the federal court has subject matter jurisdiction.Civil Procedure I § 2 University of Mississippi

Fall 1999 Law School

Quiz no. 1 Michael H. Hoffheimer

1. Answer: Mississippi Circuit Court. [10 points. Grading comment: no credit was awarded for an answer that listed the Circuit Court with other courts that do not have jurisdiction. There is no diversity jurisdiction. Citizenship is determined as of the time the action is commenced.]

2. Answer: Justice Court and County Court (if there is one) have concurrent jurisdiction. [5 points for each court.]

3. Answer: Chancery Court, and County Court has concurrent jurisdiction if the injunction is not worth over $75,000. [5 points each court but 5 points subtracted for each wrong court listed to punish scattershot guessing.]

4. Answer: Chancery Court. [10 points. No credit for an answer listing any courts without jurisdiction. Remember the Probate exception to diversity jurisdiction!]

5. Answer: Circuit Court. [10 points.]

6. Answer: There is no federal diversity of citizenship jurisdiction because the claim for $75,000 does not satisfy the statutory amount (it must exceed $75,000). [10 points.] [The diversity problem presented was not graded because of an error in the problem that did not identify which Duffy was the individual defendant and because of rampant confusion about "complete diversity."]