ACTUAL EXAM 2026/2027 | Model
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TABLE OF CONTENTS
Total Essay Prompts: 20
Total Model Answers: 20
Total Scoring Rationales: 30
Target Score: 4+ out of 6 per essay (Scaled 130+)
Section 1: Civil Procedure (Essays 1-4)
Section 2: Constitutional Law (Essays 5-8)
Section 3: Contracts (Essays 9-12)
Section 4: Criminal Law & Procedure (Essays 13-16)
SECTION 1: CIVIL PROCEDURE
Essay 1 of 4
STRATEGY BOX
Time: 25-30 minutes for this essay
, Issues to spot: Personal jurisdiction (minimum contacts, long-arm statute, purposeful
availment), subject matter jurisdiction (diversity jurisdiction – complete diversity + amount in
controversy), and venue (proper venue under 28 U.S.C. § 1391)
Rule organization: State each rule clearly before applying facts to that rule
Common pitfall: Students often forget to analyze BOTH personal jurisdiction AND subject
matter jurisdiction; always address both
ESSAY PROMPT (Q1)
Paul, a resident of California, owns a small online electronics business incorporated in Delaware with its
principal place of business in California. Paul sells custom-built computers through his website, which
accepts orders from customers nationwide. In March 2026, David, a resident of New York, visited Paul's
website and purchased a $5,000 custom computer. The website's terms of service stated that all
disputes would be resolved under California law, but did not contain a forum selection clause. The
computer arrived defective, and David suffered $75,000 in damages when the computer overheated and
destroyed his home office equipment.
David filed a lawsuit against Paul in federal district court in New York, alleging breach of contract and
negligence. Paul moved to dismiss for lack of personal jurisdiction, lack of subject matter jurisdiction,
and improper venue. The computer was shipped from Paul's California warehouse to David's New York
address. Paul has never traveled to New York, has no employees there, and has no physical presence in
New York, but approximately 15% of his annual sales come from New York customers.
Discuss all potential personal jurisdiction, subject matter jurisdiction, and venue issues.
MODEL ANSWER (Q1)
Personal Jurisdiction
Personal jurisdiction refers to a court's power to exercise authority over a particular defendant. Under
the Due Process Clause of the Fourteenth Amendment, a court may exercise personal jurisdiction over a
defendant only if the defendant has minimum contacts with the forum state such that the exercise of
jurisdiction does not offend traditional notions of fair play and substantial justice.
The minimum contacts test requires that the defendant have purposefully availed itself of the privilege
of conducting activities within the forum state, thus invoking the benefits and protections of its laws.
The Supreme Court in International Shoe v. Washington established that minimum contacts may be
either specific or general.
,Here, Paul may be subject to specific personal jurisdiction in New York because the claim arises out of or
relates to his contacts with New York. Paul purposefully directed his commercial activities toward New
York by maintaining a website that accepts orders from New York customers, shipping products to New
York, and deriving 15% of his annual sales from New York. The claim directly arises from a transaction
with a New York resident—David's purchase and shipment of the defective computer to New York. This
constitutes purposeful availment because Paul deliberately reached out to New York through his
nationwide business model.
General jurisdiction is less likely because Paul is not "at home" in New York. Under Daimler AG v.
Bauman, a corporation is subject to general jurisdiction only where it is incorporated or has its principal
place of business. Paul is incorporated in Delaware and has his principal place of business in California.
He has no physical presence, employees, or systematic and continuous contacts in New York sufficient
to render him "at home" there.
The fairness factors also support jurisdiction: New York has an interest in providing a forum for its
injured resident, David has a strong interest in obtaining convenient and effective relief in his home
state, and the burden on Paul of defending in New York is not unduly burdensome given his nationwide
business operations.
Subject Matter Jurisdiction
Subject matter jurisdiction refers to a federal court's power to hear a particular type of case. Federal
courts are courts of limited jurisdiction and may hear cases only under constitutional or statutory
authority.
Here, diversity jurisdiction under 28 U.S.C. § 1332 is the proper basis. Diversity jurisdiction requires (1)
complete diversity of citizenship between all plaintiffs and all defendants, and (2) an amount in
controversy exceeding $75,000, exclusive of interest and costs.
Complete diversity exists because David is a citizen of New York and Paul is a citizen of California (his
state of domicile) and Delaware (his state of incorporation). Because no plaintiff shares citizenship with
any defendant, complete diversity is satisfied.
The amount in controversy requirement is also met. David alleges $75,000 in damages, which meets the
statutory threshold. Under the "legal certainty" test, it is not legally certain that David cannot recover
more than $75,000, so the amount in controversy requirement is satisfied. Additionally, David has
pleaded a good-faith claim for damages exceeding $75,000.
Venue
Venue refers to the proper geographic district within a federal court system where an action may be
brought. Under 28 U.S.C. § 1391(b), venue is proper in a judicial district where (1) any defendant resides,
if all defendants reside in the same state; (2) a substantial part of the events or omissions giving rise to
the claim occurred; or (3) any defendant is subject to personal jurisdiction, if no district satisfies (1) or
(2).
, Here, venue is proper in the Eastern or Southern District of New York under § 1391(b)(2) because a
substantial part of the events giving rise to the claim occurred in New York. The defective computer was
shipped to and used in New York, and the damages occurred in David's New York home office.
Additionally, under § 1391(b)(3), venue would be proper in New York if Paul is subject to personal
jurisdiction there, which he likely is under the minimum contacts analysis above.
Conclusion
The federal district court in New York likely has personal jurisdiction over Paul under specific jurisdiction
based on minimum contacts, subject matter jurisdiction based on diversity of citizenship and the
amount in controversy, and venue is proper under 28 U.S.C. § 1391(b)(2) and (b)(3).
SCORING RATIONALE (Q1)
This answer earns a 5 because it correctly identifies all three jurisdictional requirements, accurately
states the International Shoe minimum contacts test and the Daimler general jurisdiction standard,
applies the facts to each element with precision, and reaches a clear conclusion. The analysis
distinguishes between specific and general jurisdiction—a common point of confusion—and properly
addresses the fairness factors. The venue analysis correctly applies § 1391(b)(2) and (b)(3), and the
subject matter jurisdiction discussion correctly applies the complete diversity and amount in
controversy requirements.
Essay 2 of 4
STRATEGY BOX
Time: 25-30 minutes for this essay
Issues to spot: Service of process (Rule 4), waiver of service, proper service methods, and the
relation-back doctrine under Rule 15(c)
Rule organization: Address service of process first, then relation-back if applicable
Common pitfall: Students often confuse the requirements for proper service with the
requirements for timely service; analyze both
ESSAY PROMPT (Q2)
In January 2026, Maria, a resident of Texas, was injured in a car accident in Texas caused by John, a
resident of Oklahoma. Maria filed a complaint in federal district court in the Western District of Texas on