1. Let's say that you have failed to put a disfavored R. 12 defense (such as lack of personal jurisdiction) into your pre-answer motion. Can you use R. 15 amendment as a matter of course to avoid waiver? Can you use R. 15 amendment by leave of the court to avoid waiver? Let's say that you leave the disfavored defense out of your answer (and you submitted no pre-answer motion). Can you avoid waiver by R. 15 amendment as a matter of course? Can you avoid waiver by R. 15 amendment by leave of the court? (This question requires that you look at R. 12 as well.)
2. Is your disfavored defense waived in the following scenario? You leave it out of your answer (you submitted no pre-answer motion), a reply to your answer is requested by the plaintiff and is allowed by the court, you amend your answer 30 days after you served it on the plaintiff, and after you serve your amended answer, the plaintiff serves his reply on you.
3. A judge is supposed to allow an amendment "when justice so requires." When would justice not require amendment?
4. What's the difference between a supplemental pleading and an amendment?Questions on Beeck
Questions on Blair v. Durham
7. Consider the court's understanding of the "conduct, transaction, or occurrence" test for relation back in Blair v. Durham. Is it right? What understanding would you recommend in its place?
8. Given the court's understanding of the "conduct, transaction, or
occurrence" test, would relation back be allowed if the plaintiff had
amended to add a contract theory of liability to her tort theory?
9. P sues D for negligent manufacturing because the product he
bought blew up in his face. After the statute of limitations ran, he
amended his complaint to allege a breach of the warranty as well, since
the warranty said "Our products will not blow up." Relation back under
Blair v. Durham?