WILLIAM MITCHELL COLLEGE OF LAW
FINAL EXAMINATION
PRETRIAL LITIGATION
December 17, 2003
6:00 p.m.
1 2 hours
Professor Joan Humes
Student Test No. __________
1. For anonymity, use your assigned test number which was mailed to you.
2. Put your test number on this page.
3. If you do not know your test number, you may obtain it in the Registrar’s Office (Room 119) during the first 30 minutes of the exam period.
4. If you do not use your test number, you will be deemed to have waived your privilege of anonymous grading.
5. TURN IN THIS EXAM AT THE END OF THE PERIOD.
STUDENT CONDUCT CODE
IT IS A VIOLATION OF THE CODE:
1. To use any sources which are forbidden by the instructor to complete an exam.
2. To submit as one’s own work the work of another.
3. To engage in any conduct which tends to give an unfair advantage to any student in any academic matter.
Knowledge of any violation should be promptly reported.
VIOLATIONS OF THE STUDENT CONDUCT CODE MAY RESULT IN EXPULSION
OR SUSPENSION FROM THE COLLEGE OR DISMISSAL FROM THE CLASS.
GRADUATING SENIORS: If you are a graduating senior, note this fact on this exam paper. DO SO CONSPICUOUSLY.
TYPING AREA: If you are going to type your examination, the typing area is located in Room 234. You must return the exam to this room at the conclusion of the exam period.
INSTRUCTIONS
1. This exam contains 8 problems. Answer the question or questions in each of the problems in the space below each problem. If you need additional space, use the backside of each page. For grading purposes, all 8 of the problems are weighted the same, so budget your time accordingly. To complete the exam in the allotted 1 2 hours, you should plan to spend an average of 11 minutes per problem.
2. Unless otherwise indicated, assume that the Federal Rules of Civil Procedure and Minnesota Rules of Professional Conduct apply. Unless otherwise indicated, assume that the case has been removed to federal court.
3. Remember to indicate on your exam cover sheet if you are a graduating senior.
4. All of the questions in this exam are based on the Complaint that we used in class this semester, and that is attached to this exam, Knight v. Indiana University. It is not necessary that you know particular details about substantive law to answer the questions posed in this exam. All of the additional facts in this exam are fictional.
PROBLEMS
1. You represent Knight and file this case in state court in Indiana. Defendant Indiana University files a Notice of Removal. You believe that your client will have better success in federal court.
What grounds are available to Indiana University for removal?
What statutes and rules govern whether or not this case can be removed?
Do you, as Knight’s counsel, have any options to get the case back into state court? Identify them and discuss.
2. Plaintiff Knight notices a deposition of an ex-assistant coach from Indiana University who coached with Bobby Knight. Before he is deposed, counsel for Indiana University meets with the ex-coach and leaves him a written summary of the case.
At the deposition, counsel for Plaintiff inquires about this meeting.
What objections, if any, are available to Indiana University?
At the deposition, counsel for Plaintiff asks for a copy of the case summary.
Does Indiana University have to produce it? Why or why not? Discuss.
3. Plaintiff Knight is having various difficulties with support staff at his current coaching position at Texas Tech. Defendant Indiana University sends Rule 45 subpoenas to Texas Tech to obtain copies of any and all documents relating in any way to Knight.
Does Texas Tech have to produce these records?
What procedural options does Texas Tech have to object to this subpoena?
What factors might a court consider to resolve this issue?
4. Same facts as above. Texas Tech produces most of the documents, and they indicate that Knight has had some physical and some verbal altercations with various faculty members and students. Knight claims that they were stress-induced and related to a medication that he was taking at the time.
As Knight’s attorney, you are concerned about this evidence coming out at trial.
What, if any, procedural options do you have to deal with this concern?
What arguments would you make in support of your position?
Who do you think should prevail, and why?
5. Plaintiff Knight tells his counsel that Indiana University continues to send negative references to any new colleges that request information about Knight. Knight is currently in the process of applying for his dream job at a college in Hawaii. A negative reference will ruin his chances to get the job and he is convinced that he will win this lawsuit.
As Knight’s attorney, do you have any options to assist your client on this issue?
What procedural rules govern your options?
What would you argue in support of your position?
6. Counsel for Knight names both Indiana University and President Myles Brand as defendants. Before the case gets filed and served, however, President Brand resigns from his post and moves to Alaska. When served, President Brand calls his attorney.
What advice would you give to President Brand? Explain.
What procedural rules govern President Brand’s options?
7. You are an associate in the firm representing Knight. The lead attorney learns that Indiana University has hired an expert who will testify about athletic coaching discipline practices. The partner assigns you the task of outlining a strategy for preparing to rebut this expert.
What strategy would you propose and why?
What Rules of Civil Procedures govern your strategy?
8. You represent Indiana University. Word of this lawsuit spreads throughout the athletic department staff long before Plaintiff Knight ever files it. During discovery, you are told that several student assistant coaches shredded complaint files on Knight after hearing about the potential lawsuit.
You receive a document request for any prior complaints from athletes about Knight’s conduct.
What is your response?
What ethical issues are raised by this situation?