Bar Exam (US) Civil Procedure: Question below is based on the following fact situation. Paul sue...

Question

Question below is based on the following fact situation.

Paul sued his employer, Acme Corporation, in the proper U.S. District Court in State X, claiming that (1) Dan (an Acme supervisor) had defamed him by informing the president of Acme that Dan was an ineffectual employee, and that this statement was within the scope of Dan's employment at Acme, and (2) Acme owed Dan $15,000 in unused vacation pay. As a consequence of both harms, Paul claimed damages in the aggregate amount of $80,000. Acme responded to Paul's complaint by initially making an FRCP 12(b) motion to dismiss Paul's complaint on the grounds that Dan was an indispensable party and that subject matter jurisdiction was lacking since the two claims aggregated by Paul to satisfy the "in excess of $75,000" requirement did not arise out of the same transaction or occurrence. (You may assume that the court could not obtain personal jurisdiction over Dan.) This motion was denied. Acme then filed an answer which admitted Dan's statement, but denied that it was made within the scope of Dan's employment and asserted the affirmative defense of truth. Paul then filed a summary judgment motion, with his personal supporting affidavit, describing facts which demonstrated that he had performed his job competently. Acme failed to respond to Paul's summary judgment motion.

Paul's motion for a summary judgment should be:

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Granted, because Acme failed to respond with an affidavit which disputed Dan's assertions.
  2. B
    Correct Answer
    Granted, because there is no genuine issue of fact.
  3. C
    Correct Answer
    Denied, because the affidavit was made by a party to the action.
  4. D
    Correct Answer
    Denied, because material issues of fact remain.
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