First a disclaimer: This is a question from an old (December of 2000 for those keeping score at home) exam. Our study group has been going through them in preparation for Tuesday morning’s Civ Pro exam, the last of our first year (infinite number of smilies) This is not a question for an upcoming exam, nor is it in any way connected to homework or studying we are to be doing on our own. There are no prohibitions to working on these in a group (in fact it is encouraged) or seeking answers from any source. (Except the professor, who isn’t available.) As such, this question should pose no violations to our school’s honor code or a set of personal ethics as to seeking outside help. If you have reservations, feel free to e-mail me, or call attention to Gadarene a fellow student extraordinaire. If anyone thinks of an ethical issue post it before answering, as I think both of us will feel better. Now that I hope I’ve taken care of the ‘don’t do other’s homework’ problem, on to the question:
Speaking of Gad’, this is question 12 from the December 2000 exam. This is based on a hypothetical (I believe the whole history is irrelevant to the present question) in a Civil Procedure course, mainly based on the FRCP. The basic history is that Pilar has won a 3.5 million dollar judgment against Divine. That suit was in Federal court of Arizona. Pilar then moves to enforce the judgment by having Divine’s Arizona property sold in a sheriff’s sale.
Well, that’s it. Six of us went round and round on that question for a while, with no clear consensus as to which is the correct answer. None of the old exams comes with an answer key, so there is no way for us to tell what it should be. Again, this is a Civ Pro course based on fed law, and any reference to states is solely for the purposes of the hypothetical, not for understanding nuances of state law. Does the answer seem obvious to anyone out there? Is Gadarene laughing at me for not knowing right away which it should be? If you do answer this, let me know if you wouldn’t mind me posting a couple others – it gets quite frustrating trying to work these out but not knowing if we worked them out right. For now, I’ll thank you for any help you offer.