Civil procedure model essay answers

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Civil procedure model essay answers

Model Answers Fact Pattern A buyer, who is citizen of State A, has arranged to purchase a tract of land in State B on which to build a shopping center. The sale is contingent on an inspection, which includes an analysis of any environmental contamination on the property.

The seller, a citizen of State B, hires a laboratory, also a citizen of State B, to test the soil. The laboratory issues a report to the seller certifying that the property is free of contamination.

The seller provides this report to the buyer, and the sale is completed soon afterwards. The buyer begins construction on the property. While excavating the property, workers discover several buried storage tanks that once held toxic waste.

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The buyer then conducts his own tests, which reveal that the property is, in fact, contaminated. Under the law of State B, the buyer must clean up the soil before further developing the property. The law of State B provides that any complaint alleging a claim based on environmental contamination must include an affidavit from a licensed environmental engineer.

This law is designed to avoid frivolous litigation, by imposing a heightened pleading requirement for claims alleging environmental contamination. The buyer did not include an affidavit with the complaint.

Friday, October 28, 2005

The mailing includes all documents necessary to make up a valid request for waiver, and it gives the seller 45 days to respond. The seller does not respond to the waiver request.

The seller finds the documents later that day. One hundred days after the buyer filed the complaint, the seller files two separate motions to dismiss the case. The first seeks to dismiss the case for insufficient service of process. Assume that the case continues. Can the seller join the laboratory in the suit?

Alert To access this section, please start your free trial or log in. Question 3 Assume that the case continues. Here's whylaw students rely on our practice exams: Written by law professors. Uniform format for all our exams.Beginners guide.

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Civil procedure model essay answers

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Participants were Master Conspirator Eugene Volokh, Josh Horowitz from the Educational Fund to Stop Gun Violence, and me. Civil Procedure Sample Answer The following is a sample answer to the Civil Procedure Practice Exam. If you have not already done so, take the exam and then compare your answer to this sample.

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