Civil Procedure and Conflict Resolution · Prof. Coyne & Prof. Dimitriadis · MSLAW · Fall 2026
Method suite · five problems
Closest practice to the 10.5 problem and the midterm.
Casebook: Hazard, Fletcher, Bundy & Bradt, Pleading and Procedure (12th ed.). The syllabus skips Pennoyer and Harris v. Balk and begins at International Shoe, p. 58. Outline draft due 10.5.26; midterm 10.7.26.
Five original problems. The facts and the call of the question stay visible the whole time. Run the Decision Lab first — it walks the problem through the worksheet one decision at a time — and only then open the worked analysis.
All five are original teaching problems. Unless the problem states otherwise, use federal procedure, assume the provided facts are accurate, and do not invent missing events. Hypothetical state-law provisions are expressly stipulated teaching rules, not descriptions of an actual state's law.
Each problem has three views: the problem, a Decision Lab that walks it through the worksheet, and the worked analysis. Attempt it before opening the answer. Changed-fact branches below are variants of the same five problems, not additional required hypotheticals.
Guided completion is not independent mastery. A lab shows the reasoning is available to you when the structure is supplied. The test that counts is an unfamiliar problem, after a delay, with the labels removed — and then explaining it without a screen.
1. The out-of-state bicycle
Focussubject-matter jurisdiction, personal jurisdiction, venue, and separating judicial authority from merits.
How this one worksFully worked — predict first, then follow the reasoning.
Jurisdiction and lawFederal procedure; any state-law provision is a stipulated teaching rule. Rules as of 21 September 2026.
The facts
Maya is a United States citizen domiciled in State A. Ridge Bikes, Inc. is incorporated in State B and has its principal place of business in State C. Ridge advertises its Trail model to State A consumers, sells that model through State A dealers, and maintains an authorized repair network there.
Maya buys a used Trail bicycle from a private seller in State B. She brings it home to State A. While riding there, the frame allegedly breaks and injures her. She files a state-law products-liability claim in the federal district covering the accident site, seeking $180,000 in good-faith compensatory damages. State A's long-arm statute reaches as far as constitutional due process permits. Service is proper. Ridge timely contests personal jurisdiction and venue, emphasizing that it did not sell this particular bicycle in State A. There are no exceptional hardship facts.
Call of the question
Analyze federal subject-matter jurisdiction and Ridge's two objections. Do not decide whether the bicycle was defective.
Guided decisions
Identify the source of federal subject-matter jurisdiction.
Separate Ridge's citizenship from its claim-related State A conduct.
Identify the strongest objection to specific jurisdiction.
Identify the venue fact with independent legal significance.
State what a favorable jurisdictional ruling would—and would not—decide.
Decision Lab
Work this problem through the worksheet. First, decide which steps it turns on. Then 7 decisions, ending with a changed fact. Every one runs the same way: choose, say how sure you are, then see why.
Where a decision has a result and a reason, they are scored separately — a right outcome on the wrong rule earns little credit on an exam, and it earns little here.
Subject-matter jurisdiction. This is a state-law claim, but Maya and Ridge are completely diverse on the stipulated citizenship facts. The good-faith $180,000 demand exceeds the ordinary diversity threshold. Section 1332 therefore supplies a federal subject-matter basis; the absence of a federal cause of action is not disqualifying. J2
Personal jurisdiction. Rule 4(k)(1)(A) and the stipulated long-arm statute supply the authorization route. Ridge purposefully serves State A's market for this very model. Maya is a forum resident who used it and was injured there. Ridge's best argument is the out-of-state original sale of this unit. Under Ford, relatedness need not always be a strict causal chain from the defendant's in-state sale of the particular item. The forum activities and this injury strongly support specific jurisdiction, with no supplied facts making its exercise unreasonable. This does not depend on proving Ridge generally “at home” in State A. R4C2
Venue. The accident and alleged injury in the district are substantial events giving rise to the claim. Section 1391(b)(2) supports venue even though other relevant conduct occurred elsewhere. J4
Result. The court should reject these objections on the given facts. Maya still must establish the substantive claim through the applicable litigation process.
The tempting wrong answers
Mark any that match what you would have concluded, even partly. They go to your review list below.
“The plaintiff lives there, so jurisdiction exists.”
Identify the defendant's purposeful forum connections and their relation to the claim
“The bike was sold elsewhere, so no jurisdiction.”
Address relatedness under Ford, not only the place of initial sale
“There is jurisdiction, so Maya wins.”
Authority to adjudicate is not a finding of liability
“Only the defendant's home is a proper venue.”
Apply the substantial-events route separately
Change one fact
If Ridge has no deliberate State A business activity and Maya alone brings the bicycle there, remove the market-serving premise. Her unilateral movement of the product does not establish the same purposeful connection. Require a fresh personal-jurisdiction analysis; do not carry over the original result.
Transfer check. Which conclusions about diversity and venue remain supported despite the changed personal-jurisdiction facts?
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Explain it without the screen
Close the answer. In your own words, explain the motion, the governing test, two decisive facts, the strongest counterargument, and the likely ruling. Then check yourself against the rubric.
Say it aloud or write it on paper — nothing is recorded. Tick what your explanation actually did.
Self-assessed: 0 / 20 · this is your judgement of your own explanation, not a grade.
2. A plausible complaint and a lost objection
Focuspleading, Rule 12 preservation, and the difference between allegations and proof.
How this one worksThe rule sources are supplied; you complete the reasoning.
Jurisdiction and lawFederal procedure; any state-law provision is a stipulated teaching rule. Rules as of 21 September 2026.
The facts
In a federal action with proper subject-matter jurisdiction and venue, Luis sues North Dock Storage for breach of contract. The supplied state-law elements are contract formation, the plaintiff's performance, the defendant's breach, and resulting damages.
The complaint alleges an agreed storage period and price, Luis's payment, North Dock's written promise to keep his equipment indoors, specific dates when it placed the equipment outside, rain damage, and $90,000 in loss. North Dock's first timely response is a Rule 12(b)(6) motion. It argues that Luis has not yet produced evidence and that its employees deny leaving the equipment outside. North Dock also has a personal-jurisdiction objection that was available when it filed this motion, but it omits that objection. After denial of the motion, it attempts to raise personal jurisdiction in a second Rule 12 motion.
Assume no heightened pleading rule applies, the court excludes outside materials, and the complaint's factual allegations plausibly support the supplied elements.
Call of the question
Should either motion succeed on these grounds? What does denial of the first motion establish?
Decision Lab
Work this problem through the worksheet. First, decide which steps it turns on. Then 6 decisions, ending with a changed fact. Every one runs the same way: choose, say how sure you are, then see why.
Where a decision has a result and a reason, they are scored separately — a right outcome on the wrong rule earns little credit on an exam, and it earns little here.
First motion. Rule 8 and the plausibility framework require adequate factual allegations, not completion of evidentiary proof before discovery. The complaint identifies concrete events corresponding to the stipulated elements. Twombly and Iqbal require more than conclusions, but do not authorize deciding credibility between these parties on this pleaded record. The motion should fail on the stated grounds. R8C3C4
Second motion. North Dock's previously available personal-jurisdiction defense was omitted from its initial Rule 12 motion. Rules 12(g)(2) and 12(h)(1) make that omission consequential; the defendant cannot preserve this defense simply by presenting it in a later motion. R12
Consequence. Luis has passed the pleading challenge. He has not established that the alleged breach happened. North Dock ordinarily must proceed with an answer within the applicable response period, and the parties move toward developing a record.
Model analytical paragraph
“The court should deny the pleading motion because the complaint identifies the contract, performance, specified conduct constituting breach, and resulting loss. North Dock's contrary account presents a factual contest; it does not defeat the stipulated plausibility of the allegations at this stage. Luis will still need evidentiary support later. North Dock's separate personal-jurisdiction challenge encounters a preservation problem because that available defense was omitted from its first Rule 12 motion.”
The tempting wrong answers
Mark any that match what you would have concluded, even partly. They go to your review list below.
“The plaintiff has no evidence, so dismiss.”
Uses a later evidentiary demand at the pleading stage.
“Jurisdiction can never be waived.”
Fails to distinguish personal from subject-matter jurisdiction.
“All later defenses are lost.”
Fails to read the different preservation categories in Rule 12(h).
“The complaint is plausible, so the allegations are true.”
Converts a procedural assumption into a fact finding.
Change one fact
Instead of a personal-jurisdiction objection, the later discovery reveals a genuine absence of subject-matter jurisdiction. The early-omission treatment is different: Rule 12(h)(3) requires dismissal when the court determines that subject-matter jurisdiction is absent. Explain the difference in institutional authority — not merely two labels.
Explain it without the screen
Close the answer. In your own words, explain the motion, the governing test, two decisive facts, the strongest counterargument, and the likely ruling. Then check yourself against the rubric.
Say it aloud or write it on paper — nothing is recorded. Tick what your explanation actually did.
Self-assessed: 0 / 20 · this is your judgement of your own explanation, not a grade.
3. Adding the subcontractor
Focusjoinder, derivative liability, supplemental jurisdiction, and claim-by-claim analysis.
How this one worksYou build the claim map yourself.
Jurisdiction and lawFederal procedure; any state-law provision is a stipulated teaching rule. Rules as of 21 September 2026.
The facts
Nora, a United States citizen domiciled in State A, sues BuildCo, incorporated and headquartered in State B, in federal court for $150,000 in state-law construction damages. Ordinary diversity jurisdiction exists over that claim.
BuildCo has a valid contract with Sam, a United States citizen domiciled in State A, requiring Sam to indemnify BuildCo for any liability arising from Sam's specified subcontract work. The alleged damage arose from that work. BuildCo properly impleads Sam under Rule 14 within the applicable procedural requirements. Personal jurisdiction and service are proper for everyone. BuildCo's indemnity claim and Nora's original claim form part of the same Article III case.
Nora then asserts a direct $100,000 state-law negligence claim against Sam based on the same construction events. Assume the procedural requirements for asserting the direct claim under Rule 14(a)(3) are met. There is no federal claim or independent jurisdictional basis for Nora's claim against Sam. The action's original jurisdiction is founded solely on diversity.
Call of the question
Distinguish BuildCo's indemnity claim from Nora's direct claim. Which can proceed in this federal action on the stated jurisdictional grounds?
Decision Lab
Work this problem through the worksheet. First, decide which steps it turns on. Then 4 decisions, ending with a changed fact. Every one runs the same way: choose, say how sure you are, then see why.
Where a decision has a result and a reason, they are scored separately — a right outcome on the wrong rule earns little credit on an exam, and it earns little here.
BuildCo against Sam. The alleged indemnity obligation is derivative: Sam may owe BuildCo the liability BuildCo incurs to Nora. That is the kind of relationship Rule 14 addresses, rather than merely an allegation that Sam injured Nora. R14
The stipulated same-case relationship satisfies § 1367(a). Section 1367(b)'s relevant limitation on claims by plaintiffs against Rule 14 parties does not bar BuildCo's defending-party indemnity claim. On the given facts, supplemental jurisdiction is available, subject to applicable discretion under § 1367(c). BuildCo and Sam are also diverse; if the indemnity claim puts the full $150,000 at issue in good faith, it has an independent § 1332 basis as well. A strong answer recognizes that alternative instead of assuming supplemental jurisdiction is the only route. J2J3
Nora against Sam. Permission to assert this related claim under Rule 14 does not supply jurisdiction. Nora and Sam share State A citizenship. Her claim lacks an independent basis, and § 1367(b) restricts this original plaintiff's claim against a person made a party under Rule 14 when exercising jurisdiction would be inconsistent with § 1332. The direct claim cannot proceed here on the offered supplemental theory. J3
Consequence. The federal action can retain Nora's claim against BuildCo and the properly supported indemnity claim while declining to entertain Nora's direct claim for lack of jurisdiction. That is not a merits judgment that Sam was careful. Any separate filing requires its own forum, timing, and preclusion analysis.
The tempting wrong answers
Mark any that match what you would have concluded, even partly. They go to your review list below.
“All claims involve the same construction, so all are allowed.”
Common facts do not override the statutory restriction
“Sam and Nora share citizenship, so the whole original action collapses.”
Analyze each added claim and the particular jurisdictional restriction
“Sam caused the damage, so Rule 14 automatically applies.”
Identify the derivative obligation to BuildCo
“Sam is already in court, so jurisdiction is solved.”
Party presence is not a substitute for a jurisdictional basis for each claim
Change one fact
If Sam is instead domiciled in State C, Nora's $100,000 direct claim may have its own diversity basis on the supplied party facts. Use that independent basis rather than reflexively repeating the original § 1367(b) answer.
Explain it without the screen
Close the answer. In your own words, explain the motion, the governing test, two decisive facts, the strongest counterargument, and the likely ruling. Then check yourself against the rubric.
Say it aloud or write it on paper — nothing is recorded. Tick what your explanation actually did.
Self-assessed: 0 / 20 · this is your judgement of your own explanation, not a grade.
4. The missing inspection log
Focusdiscovery design, summary judgment, missing information, and ESI remedies.
How this one worksYou set the priorities; the rules are there if you need them.
Jurisdiction and lawFederal procedure; any state-law provision is a stipulated teaching rule. Rules as of 21 September 2026.
The facts
Amira sues MarketCo in a federal diversity action after slipping on a spill. Jurisdiction and venue are established. For this exercise, the governing state law requires proof that MarketCo knew or should have known about the spill in time to take reasonable precautions. The claim is otherwise adequately supported.
After a reasonable discovery period, MarketCo moves for summary judgment on notice. It points to Amira's deposition statement that she did not see anyone spill the liquid and does not know how long it had been there. Amira supplies a declaration from a shopper with personal knowledge who says she told MarketCo's floor manager about the spill twenty minutes before the fall. Assume the declaration's account can be presented through admissible testimony. The manager denies receiving a report. Nothing objectively disproves either account.
Amira also requested electronically stored inspection logs for the relevant area and day. MarketCo failed to suspend automatic deletion after preservation duties arose. The relevant logs were lost because reasonable preservation steps were not taken and cannot be restored or replaced through additional discovery. The court finds prejudice but no intent to deprive Amira of the information. Amira requests an instruction that the jury must presume the logs were unfavorable to MarketCo.
Call of the question
Analyze the notice ground for summary judgment and the requested lost-information remedy. Identify what changes if the witness declaration is absent and a material discovery request remains unresolved.
Decision Lab
Work this problem through the worksheet. First, decide which steps it turns on. Then 6 decisions, ending with a changed fact. Every one runs the same way: choose, say how sure you are, then see why.
Where a decision has a result and a reason, they are scored separately — a right outcome on the wrong rule earns little credit on an exam, and it earns little here.
Notice and trial. MarketCo properly directs attention to an asserted absence of proof on an element Amira must establish. But the shopper's declaration supplies a specific contrary account: warning a responsible manager twenty minutes beforehand. Notice is material under the stipulated substantive law. A reasonable jury could credit this account, and the manager's denial creates a credibility contest rather than eliminating it. The court should deny summary judgment on this ground. Amira has not thereby proved notice at trial. C5C6
Lost ESI. The stipulated facts satisfy the loss-and-preservation predicates of Rule 37(e) and establish prejudice. The requested mandatory unfavorable presumption is among the more severe measures under Rule 37(e)(2), which requires intent to deprive. Negligent failure to preserve does not satisfy that predicate. Under (e)(1), the court may consider measures no greater than necessary to cure the prejudice, with attention to what remains available and without using a nominal cure to evade the intent requirement. R37
Information still unavailable. If the declaration is removed and identified material discovery remains unresolved, Amira should consider a properly supported Rule 56(d) request. She must specify why she cannot yet present facts essential to opposition; merely saying “discovery is incomplete” does not automatically defeat the motion. The court can consider the authorized responses, including time for appropriate discovery. R56
The tempting wrong answers
Mark any that match what you would have concluded, even partly. They go to your review list below.
“The manager is more credible.”
The stated summary-judgment record requires a sufficiency analysis rather than choosing witnesses.
“Any factual dispute defeats summary judgment.”
The dispute must be genuine and material.
“Deleted evidence means an automatic adverse inference.”
Identify the sanction's prerequisites and required mental state.
“Evidence is missing, so fill in what it probably said.”
Unknown content is not a supplied fact.
Change one fact
If the shopper says she reported the spill only after the fall, that testimony no longer establishes the stipulated pre-accident notice. Reassess the remaining evidence; do not assume that this change automatically disposes of other possible notice evidence not addressed by the problem.
Explain it without the screen
Close the answer. In your own words, explain the motion, the governing test, two decisive facts, the strongest counterargument, and the likely ruling. Then check yourself against the rubric.
Say it aloud or write it on paper — nothing is recorded. Tick what your explanation actually did.
Self-assessed: 0 / 20 · this is your judgement of your own explanation, not a grade.
5. Winning a verdict, preserving a challenge, and trying again
FocusRule 50, finality, appellate posture, and preclusion.
How this one worksCapstone — no issue labels until you have made an attempt.
Jurisdiction and lawFederal procedure; any state-law provision is a stipulated teaching rule. Rules as of 21 September 2026.
The facts
Assume a federal civil action on a federal claim, proper jurisdiction, and the following supplied substantive law: liability requires Element X, and the plaintiff bears the burden of proving it. There is a jury trial.
After the plaintiff has been fully heard and before submission to the jury, the defendant moves under Rule 50(a), specifically arguing that no legally sufficient evidence supports Element X. The court denies the motion. The jury finds for the plaintiff, and final judgment resolving all claims and parties is entered. Within 28 days after entry of judgment, the defendant renews the same sufficiency ground under Rule 50(b). The court denies that motion. The defendant timely appeals after the post-judgment ruling under the applicable appellate rules. No governmental party or unusual timing provision is involved.
For a later, separate question, assume all review has ended and a valid final merits judgment remains against the plaintiff in a different federal-question action arising from a single completed transaction. The plaintiff then sues the same defendant again over the same transaction using a different legal theory that was available and could have been joined in the first action. For this later question, apply the stipulated federal transactional claim-preclusion rule: a valid final merits judgment bars the same parties from relitigating the same claim, including available theories arising from that transaction that could have been brought. No exception applies.
Call of the question
Explain the preservation and review path in the jury case. Then distinguish the later lawsuit from an appeal and analyze it under the supplied preclusion rule.
Decision Lab
Work this problem through the worksheet. First, decide which steps it turns on. Then 7 decisions, ending with a changed fact. Every one runs the same way: choose, say how sure you are, then see why.
Where a decision has a result and a reason, they are scored separately — a right outcome on the wrong rule earns little credit on an exam, and it earns little here.
Preservation. The defendant identified the specific sufficiency ground in a timely Rule 50(a) motion and renewed that ground within Rule 50(b)'s period. This gives the trial court the required opportunity to address the contention before appellate review. The jury's verdict does not by itself foreclose a properly preserved legal-sufficiency challenge. The record's actual support for Element X would determine whether the challenge succeeds; the facts here establish the route, not its merits. R50
Reviewability and timing. Final judgment resolved all claims and parties, supplying the ordinary § 1291 route. A timely Rule 50(b) motion affects the appeal clock under Appellate Rule 4(a)(4). On the stipulated timely appeal, the challenge is procedurally positioned for review. The reviewing court examines the sufficiency question under the applicable standard on the existing record rather than taking a new trial's evidence. J10A4
Later lawsuit. The separate preclusion question is governed by the expressly supplied transactional rule. The same parties already have a valid final merits judgment concerning the same completed transaction. Repackaging an available theory does not avoid the stipulated bar. The second suit is not an appeal from the first judgment.
Distinction. Claim preclusion can reach theories that could have been brought. Issue preclusion instead concerns a qualifying issue actually litigated and determined, with necessity, finality, party/opportunity, and other requirements governed by the applicable law. A real preclusion problem must identify the source of that law rather than assume the stipulated teaching rule applies universally. C11C12C13J12
The tempting wrong answers
Mark any that match what you would have concluded, even partly. They go to your review list below.
“The verdict settles every legal challenge.”
A properly preserved sufficiency motion has a post-verdict route
“An appeal means hearing the witnesses again.”
Appellate review uses a record and a standard of review
“A different theory always creates a new claim.”
The supplied rule defines the claim transactionally
“Every adverse order can be appealed immediately.”
Finality and exceptions must be established
Change one fact
If the defendant omitted the pre-verdict Rule 50(a) motion and first raised the sufficiency ground after the verdict, the ordinary renewed-motion path is not available in the same way. Do not mark the path preserved. Analyze any separately available relief under its own rule; do not claim every possible post-trial or appellate issue is lost.
Explain it without the screen
Close the answer. In your own words, explain the motion, the governing test, two decisive facts, the strongest counterargument, and the likely ruling. Then check yourself against the rubric.
Say it aloud or write it on paper — nothing is recorded. Tick what your explanation actually did.
Self-assessed: 0 / 20 · this is your judgement of your own explanation, not a grade.
Your review
What your misses have in common across every problem you have run, and the tempting answers you marked as yours. Stored on this device only. Come back after a few days and re-run the problems these came from before re-reading the analysis.