Civil Procedure

Fall 2011

Prof. Brill

Quiz # 7

It was deer season. The rut was in full swing. 300,000 Arkansans in orange and camouflage were in the woods, looking for Bambi's big brother to shoot. By accident, while tracking a 10 point buck through her 3x9 Leopold scope and her 308 Mossberg rifle, Harriet Hunter fell from her tree stand, which was located in the forest near Flippin, Arkansas.

She alleges that the stand was defectively designed and manufactured by Tiger Tree Stand, Inc., a Missouri corporation located in Joplin, Missouri. Harriet sues in federal court, under diversity jurisdiction.

The Arkansas constitution provides that a civil plaintiff prevails in a jury with 9 of 12 jurors voting in her favor. Federal courts traditionally have required a unanimous verdict for jury verdicts under the Seventh Amendment.

The plaintiff's attorney asks the Federal Judge Fred to abide by the Arkansas constitution provision. The attorney believes that the 9/12 provision will assist in obtaining relief for Harriet.

Is Federal Judge Fred obligated to apply state law? Select the best answer.

A)	Yes, according to York.

B)	No, according to Byrd.

C)	Yes, according to Hanna, Part I.

D)	No, according to Hanna, Part II.

E)	Yes, according to Stewart.

F)	No, according to Gasparini.

G)	Yes, according to Shady Grove.

TEAR OFF

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Civil Procedure

Fall 2011 - Quiz #7

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Name	Answer

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