William Mitchell College of Law – Consumer Rights Adjunct Professor Peter F. Barry, Esq. (612) 379-8800 or pbarry@lawpoint.com FINAL EXAM MAY 7, 2008 AT 6:00 P.M. VIA THE INTERNET Instructions for Final Exam: 1. Answer all of the following questions in writing by typewriting and electronically transmitting an original typed PDF file which contains both the number questions as well as your answer(s) to each question. 2. Please limit your answer to no more than one (1) paragraph. These are short answer questions. I expect you will use your skills as soon-to-be lawyers and knowledge from class in answering. 3. Do not make up an answer if you don’t know the answer. You would not do it in federal court so don’t do it here. 4. You will have approximately 24 hours to complete it and email your answers back to me at pbarry@lawpoint.com. 5. Your exam answers must be received in my inbox no later than 6:15 p.m. on May 8, 2008 (or see below if applicable). Copy yourself on your transmittal back to me so that you have proof of delivery. 6. For those students who are taking this exam later or on an alternative date because of a conflict, your exam will be due back 24 hours after you begin working on it. Send me an email as soon as you begin working on the exam, but not later than 6:00 p.m. on May 12, 2008. Your exams will be due back not later than 6:15 p.m. on May 13, 2008 in any event. 7. Typing of your answers is required. Convert the Word document to PDF document. 12point Times New Roman font. 1-inch margins all sides. Single-spaced. Your full legal name must clearly appear on every page of the exam in the footer section. 8. Do not change the format of any part of this exam except to add your answers. The more uniform this exam, the quicker it will be for me to grade it and get it back to you. DO NOT CHANGE THE NUMBERING OF THE QUESTIONS OR PAGES, AND KEEP THE PAGE NUMBERING THE SAME. There are 41 questions on this exam, with one question per page, plus this front page for a total of 42 pages. 9. This exam is open book and open note. 10. You are not to have any communication about this exam with any other law student, lawyer, professors, or other person during the 24-hour exam period. 11. Thanks for a great semester and good luck.
PLEASE LEAVE THIS PAGE INTACT AND DO NOT CHANGE IT EXCEPT TO ADD YOUR NAME TO THE BOTTOM.
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1. What four things does the FDCPA seeks to remedy?
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2. When can a debt collector contact an employer for the purpose of collecting a debt? Look carefully at the FDCPA and its communication exceptions.
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3. Describe the study performed by Prof. Stanley Milgram and what it demonstrated.
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4. Define “Lodestar.” What is it used for?
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5. When can a debt collector permissibly add collection fees onto a debt?
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6. What are the seven primary consumer law remedies?
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7. If the parties cannot meet in person for a court ordered 26(f) conference, what must be done?
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8. How many days does a party have to answer a complaint filed against them? At what point does the answer period begin? Under which Federal Rule of Civil Procedure would you look to make this determination?
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9. May an interrogatory ask the opposing party to comment on the legality of a particular fact or circumstance at issue? Under which Federal Rule of Civil Procedure would you look to make this determination?
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10. If a motion to compel is granted, what if anything is a court required to do as a means of penalizing the party whose conduct necessitated the motion? Under which Federal Rule of Civil Procedure would you look for the answer?
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11. How are federal summons and complaints filed in the USDC for the Minnesota District?
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12. When can a Plaintiff ask for punitive damages in an initial complaint filed in Minnesota?
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13. What are the Local Rules in the USDC of Minnesota and why are they important?
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14. When may a debt collector contact third party, if ever, and precisely what type of information may they obtain?
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15. Does the FCRA require a consumer’s permission to obtain a credit report? If not, why not.
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16. What does the FCRA require in order to get furnisher liability for errors under 15 U.S.C. § 1681s-b2?
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17. If a company pulls an individual’s credit report how long must they keep the reports?
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18. What does Fed.R.Civ.P. 34 govern?
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19. May a debt collector speak with debtor’s spouse?
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20. Explain the punitive damages standard under Minnesota statutes.
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21. Explain the Code of Federal Regulation and why it is important to the practice of Consumer Law.
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22. Describe the Rule 11 “safe-harbor” provision as it relates to claims not filed in good faith, indicating which rule the provision is found in and the time period, if any exists, of the safe-harbor.
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23. What remedies does the FDCPA provide for to consumers?
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24. What is the difference between a dispositive and a non-dispositive motion? Generally, who hears each type of motion in Federal Court?
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25. What question should you ask the Defendant to learn if their insurance company is fighting them on whether or not they are going to pay the claim?
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26. As an attorney, what do you need to do if you are claiming that certain documents are not discoverable because they are privileged?
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27. What is the procedure in Minnesota for seeking punitive damages?
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28. What qualifications are required to make someone an expert witness under the FRE?
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29. What is the Heisenberg Effect, and how does it relate to credit reporting?
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30. May an attorney ethically pose as a potential buyer in order to obtain information about a company’s illegal sales practices? Is this a good or a bad idea? Is it ethical? Under what circumstances, if any?
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31. What types of remedies are available for a violation of the FDCPA? Give concrete examples of each, and discuss the pros and cons of each potential remedy.
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32. What does the FCRA regulate and what was the Congressional purpose behind this law?
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33. What is the difference between a negligent violation and a willful violation under the FCRA?
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34. What is a cy pres award and to whom does it go?
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35. When would you use a privilege log and what would you include in it?
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36. List at least five factors that an attorney should consider when selecting a consumer rights case.
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37. How do you get a person in Oklahoma City subpoenaed to a federal District Court in Minnesota? Discuss rule and procedure involved.
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38. What is the difference between a narcissist and a sociopath?
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39. Why should attorneys counsel their clients not to discuss the details of their case with third parties?
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40. Describe your notion of civility in the practice of law. Why is it important and what benefits can you get from engaging in civility.
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41. Name five ways of showing genuine appreciation at the end of a hard semester for adjunct law professors, who have donated their time, energy, and teaching stipends back to their alma mater law school in an effort to give back to their legal community. Why might it be a good idea to practice some of these five things in the future as you complete your law school education?
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