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Cold-call practice

Choose a case. Answer out loud, then compare your reasoning with the model answer and the opinion passages that support it.

Each set moves from facts and procedure to the holding, reasoning, separate opinions where applicable, and hypotheticals. Follow-up questions and common traps help you explain the rule’s limits.

questions
266
case sets
19
subjects
4

Read the facts, issues and holdings for free. Model answers and supporting passages are included with Student, Pro and Firm. Prep Studio is a separate practice subscription.

Civil Procedure

11 case sets · 154 questions

  • Louisville and Nashville Railroad Co. v. Mottley

    Louisville & Nashville R.R. Co. v. Mottley, 211 U.S. 149 (1908).

    Did the federal Circuit Court have jurisdiction over Mottley's suit as one arising under the Constitution and laws of the United States, when the federal questions in the case were whether the 1906 act barred performance of the contract and whether that act violated the Fifth Amendment?

    Supreme Court of the United States14 cold calls

  • Erie Railroad Co. v. Tompkins

    Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938).

    In a federal suit between citizens of different States, may the federal court disregard a State's common law, as declared by its highest court, and use its own independent judgment on questions of general law, as Swift v. Tyson allowed?

    Supreme Court of the United States14 cold calls

  • Burger King Corp. v. Rudzewicz

    Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985).

    Did the Due Process Clause of the Fourteenth Amendment allow the Florida federal court to exercise personal jurisdiction over Rudzewicz, a Michigan franchisee, in Burger King's suit claiming he failed to make required franchise payments in Florida?

    Supreme Court of the United States14 cold calls

  • Celotex Corp. v. Catrett

    Celotex Corp. v. Catrett, 477 U.S. 317 (1986).

    Must a party moving for summary judgment support its motion with affidavits or other evidence negating the opponent's claim?

    Supreme Court of the United States14 cold calls

  • Asahi Metal Industry Co. v. Superior Court

    Asahi Metal Indus. Co. v. Superior Court, 480 U.S. 102 (1987).

    Does a foreign manufacturer establish minimum contacts with a State merely because it sells components abroad knowing that the stream of commerce will carry some of them into that State?

    Supreme Court of the United States14 cold calls

  • Burnham v. Superior Court

    Burnham v. Superior Court, 495 U.S. 604 (1990).

    Does the Due Process Clause of the Fourteenth Amendment bar a state court from exercising jurisdiction over a nonresident who was personally served with process while briefly in the State, in a suit unrelated to his activities there?

    Supreme Court of the United States14 cold calls

  • Bell Atlantic Corp. v. Twombly

    Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007).

    Does a section 1 Sherman Act complaint survive a motion to dismiss when it alleges parallel conduct by competitors but no factual context suggesting agreement, as distinct from identical, independent action?

    Supreme Court of the United States14 cold calls

  • Ashcroft v. Iqbal

    Ashcroft v. Iqbal, 556 U.S. 662 (2009).

    Did the Court of Appeals have jurisdiction to review, before final judgment, a district court order that rejected qualified immunity by denying a motion to dismiss for insufficient pleading?

    Supreme Court of the United States14 cold calls

  • Daimler AG v. Bauman

    Daimler AG v. Bauman, 571 U.S. 117 (2014).

    Does the Due Process Clause of the Fourteenth Amendment allow courts in California to exercise general jurisdiction over Daimler, a German company, on claims by foreign plaintiffs about conduct that took place entirely outside the United States, based on the California contacts of its American subsidiary?

    Supreme Court of the United States14 cold calls

  • Ford Motor Co. v. Montana Eighth Judicial District Court

    Ford Motor Co. v. Mont. Eighth Jud. Dist. Court, 592 U.S. 351 (2021).

    Does specific jurisdiction require a strict causal link between the defendant's forum contacts and the plaintiff's claims?

    Supreme Court of the United States14 cold calls

  • Conley v. Gibson

    Conley v. Gibson, 355 U.S. 41 (1957).

    Did the National Railroad Adjustment Board have exclusive jurisdiction over a suit by employees charging their own bargaining agent with racial discrimination in representing them?

    Supreme Court of the United States14 cold calls

Torts

4 case sets · 56 questions

  • Vincent v. Lake Erie Transportation Co.

    Vincent v. Lake Erie Transp. Co., 124 N.W. 221 (Minn. 1910).

    Was it negligent to moor the Reynolds at an exposed part of the wharf, keep her there as the storm grew, and hold her fast instead of trying to leave?

    Minnesota Supreme Court14 cold calls

  • United States v. Carroll Towing Co.

    United States v. Carroll Towing Co., 159 F.2d 169 (2d Cir. 1947).

    Was the Grace Line liable for any part of the damages when its harbormaster joined the tug's deckhand in checking and readjusting the Anna C's fasts before the tier broke adrift?

    United States Court of Appeals for the Second Circuit14 cold calls

  • Garratt v. Dailey

    Garratt v. Dailey, 279 P.2d 1091 (Wash. 1955).

    Does a defendant act with the intent battery requires when he knows with substantial certainty that a harmful contact will result, even if he has no purpose to injure or embarrass the plaintiff?

    Washington Supreme Court14 cold calls

  • Fisher v. Carrousel Motor Hotel, Inc.

    Fisher v. Carrousel Motor Hotel, Inc., 424 S.W.2d 627 (Tex. 1967).

    Was there evidence that an actionable battery was committed when Flynn snatched the plate from Fisher's hand without touching his body?

    Supreme Court of Texas14 cold calls

Constitutional Law

3 case sets · 42 questions

  • Lochner v. New York

    Lochner v. New York, 198 U.S. 45 (1905).

    Was New York's limit of sixty hours a week and ten hours a day for bakery workers a fair, reasonable and appropriate exercise of the State's police power, or an unreasonable, unnecessary and arbitrary interference with the liberty of contract the Fourteenth Amendment protects?

    Supreme Court of the United States14 cold calls

  • Brown v. Board of Education

    Brown v. Bd. of Educ., 347 U.S. 483 (1954).

    Does segregation of children in public schools solely on the basis of race, even where tangible factors are equal, deprive minority children of equal educational opportunities under the Fourteenth Amendment?

    Supreme Court of the United States14 cold calls

  • Loving v. Virginia

    Loving v. Virginia, 388 U.S. 1 (1967).

    Does Virginia's statutory scheme, which bars and punishes marriages between persons solely on the basis of racial classifications, violate the Equal Protection Clause of the Fourteenth Amendment?

    Supreme Court of the United States14 cold calls

Criminal Procedure

1 case set · 14 questions

  • Kyllo v. United States

    Kyllo v. United States, 533 U.S. 27 (2001).

    Does the government's use of a thermal-imaging device aimed at a private home from a public street to detect relative amounts of heat within the home constitute a search under the Fourth Amendment?

    Supreme Court of the United States14 cold calls

Make the answer your own

  1. Read the brief, then put it aside and state the issue and holding in your own words.
  2. Answer a question before opening its model answer. Check the supporting passage and pinpoint.
  3. Try the follow-up and explain which changed fact affects the analysis. A hypothetical applies the opinion’s reasoning; it is not a holding in a new case.