Civil Procedure Multistate Bar Ultimate Exam
Below is a set of **Civil Procedure – Multistate Bar (MBE) style** multiple-choice questions with the correct
answer and a brief explanation for each. Because of response-length limits, I am providing the first 50 questions
in this message. The remaining questions can be supplied in subsequent messages if needed.
**Question 1**
Which of the following best describes the “well-pleaded complaint” rule for federal question jurisdiction?
A) A plaintiff may invoke federal law in any part of the complaint.
B) The federal question must be presented on the face of the plaintiff’s properly pleaded complaint.
C) The defendant may raise a federal question in a motion to dismiss.
D) Federal jurisdiction exists if any defense is based on federal law.
**Answer: B**
**Explanation:** The well-pleaded complaint rule requires that the plaintiff’s complaint itself must create a
federal question; a jurisdictional federal issue cannot be raised solely in a defense.
**Question 2**
In a diversity action, which of the following facts will defeat complete diversity?
A) The plaintiff is a citizen of State A and the defendant is a corporation incorporated in State B with its
principal place of business in State A.
B) The plaintiff is a citizen of State A and the defendant is a corporation incorporated in State B with its
principal place of business in State C.
C) The plaintiff is a citizen of State A and the defendant is a partnership formed under the laws of State B, with
all partners citizens of State A.
D) The plaintiff is a citizen of State A and the defendant is a corporation incorporated in State B, with its
principal place of business in State C, and the corporation’s sole shareholder is a citizen of State A.
**Answer: C**
**Explanation:** A partnership is treated as an aggregate of its partners for diversity purposes; because all
partners are citizens of State A, the partnership is deemed a citizen of State A, destroying complete diversity.
, Civil Procedure Multistate Bar Ultimate Exam
**Question 3**
Under 28 U.S.C. § 1367(a), a federal court may exercise supplemental jurisdiction over which of the following?
A) A claim that raises a federal question not raised in the plaintiff’s original claim.
B) A claim that is completely unrelated to the plaintiff’s claim but involves the same parties.
C) A state-law claim that is part of the same case or controversy as a federal-question claim.
D) Any claim the court deems convenient, regardless of the parties or facts.
**Answer: C**
**Explanation:** § 1367(a) permits supplemental jurisdiction over “all other claims that are so related to
claims in the action within such jurisdiction that they form part of the same case or controversy.”
**Question 4**
A defendant may remove a case to federal court only if:
A) The plaintiff has not yet served the complaint.
B) The case could have been filed in federal court originally.
C) The defendant files a notice of removal within 30 days after receipt of the initial pleading.
D) The plaintiff consents to removal.
**Answer: B**
**Explanation:** Removal is permissible only when the case was “removable” at the time the complaint was
filed, i.e., the federal court had original jurisdiction (either federal question or complete diversity).
**Question 5**
Which of the following is NOT a factor considered in the “minimum contacts” analysis for specific personal
jurisdiction?
A) The defendant’s purposeful availment of the forum state.
B) Whether the plaintiff is a resident of the forum state.
C) Relatedness of the defendant’s contacts to the claim.
, Civil Procedure Multistate Bar Ultimate Exam
D) Fairness and reasonableness of exercising jurisdiction.
**Answer: B**
**Explanation:** The plaintiff’s residence is irrelevant to the minimum-contacts test; the focus is on the
defendant’s contacts with the forum state.
**Question 6**
A state long-arm statute that permits service of process on a non-resident who has “transacted any business”
in the state is facially constitutional when:
A) The defendant has a single isolated transaction unrelated to the lawsuit.
B) The defendant has continuous and systematic business activities in the state.
C) The transaction is the very basis of the plaintiff’s claim.
D) The defendant has a physical presence in the state, regardless of activity.
**Answer: C**
**Explanation:** For specific jurisdiction, the defendant’s contacts must be related to the plaintiff’s claim; a
single transaction that is the basis of the suit satisfies the relatedness requirement.
**Question 7**
Under Rule 4(d), a plaintiff may obtain a waiver of service by:
A) Filing a motion for default judgment.
B) Sending a written notice to the defendant that the plaintiff will not serve and that the plaintiff’s claim is for a
sum less than $75,000.
C) Filing a stipulation of waiver of service signed by the defendant.
D) Serving the defendant by publication.
**Answer: C**
**Explanation:** Rule 4(d) allows the parties to stipulate to waive service, which the court must accept unless
the stipulation is not signed by the defendant.
, Civil Procedure Multistate Bar Ultimate Exam
**Question 8**
When a federal court transfers venue under 28 U.S.C. § 1404(a), the court must:
A) Dismiss the case and require the plaintiff to refile in the new district.
B) Transfer the case without prejudice to the plaintiff’s claims.
C) Determine whether the transferee district is convenient for the parties and witnesses.
D) Require the plaintiff to consent to the transfer.
**Answer: C**
**Explanation:** § 1404(a) authorizes transfer “in the interest of justice” for the convenience of parties and
witnesses and in the interest of efficient case management.
**Question 9**
In a forum-non-conveniens dismissal, the court must first find that:
A) The foreign forum is more favorable to the defendant.
B) The foreign forum is the “more appropriate” forum under 28 U.S.C. § 1404.
C) An adequate and available alternative forum exists.
D) The plaintiff consented to dismissal.
**Answer: C**
**Explanation:** The doctrine requires that an “adequate” alternative forum be available before dismissing a
case on forum-non-conveniens grounds.
**Question 10**
The Erie doctrine requires a federal court sitting in diversity to apply:
A) Federal substantive law and state procedural law.
B) State substantive law and federal procedural law.
C) Federal substantive law and federal procedural law, regardless of the state.
D) The law of the forum state for all issues.
Below is a set of **Civil Procedure – Multistate Bar (MBE) style** multiple-choice questions with the correct
answer and a brief explanation for each. Because of response-length limits, I am providing the first 50 questions
in this message. The remaining questions can be supplied in subsequent messages if needed.
**Question 1**
Which of the following best describes the “well-pleaded complaint” rule for federal question jurisdiction?
A) A plaintiff may invoke federal law in any part of the complaint.
B) The federal question must be presented on the face of the plaintiff’s properly pleaded complaint.
C) The defendant may raise a federal question in a motion to dismiss.
D) Federal jurisdiction exists if any defense is based on federal law.
**Answer: B**
**Explanation:** The well-pleaded complaint rule requires that the plaintiff’s complaint itself must create a
federal question; a jurisdictional federal issue cannot be raised solely in a defense.
**Question 2**
In a diversity action, which of the following facts will defeat complete diversity?
A) The plaintiff is a citizen of State A and the defendant is a corporation incorporated in State B with its
principal place of business in State A.
B) The plaintiff is a citizen of State A and the defendant is a corporation incorporated in State B with its
principal place of business in State C.
C) The plaintiff is a citizen of State A and the defendant is a partnership formed under the laws of State B, with
all partners citizens of State A.
D) The plaintiff is a citizen of State A and the defendant is a corporation incorporated in State B, with its
principal place of business in State C, and the corporation’s sole shareholder is a citizen of State A.
**Answer: C**
**Explanation:** A partnership is treated as an aggregate of its partners for diversity purposes; because all
partners are citizens of State A, the partnership is deemed a citizen of State A, destroying complete diversity.
, Civil Procedure Multistate Bar Ultimate Exam
**Question 3**
Under 28 U.S.C. § 1367(a), a federal court may exercise supplemental jurisdiction over which of the following?
A) A claim that raises a federal question not raised in the plaintiff’s original claim.
B) A claim that is completely unrelated to the plaintiff’s claim but involves the same parties.
C) A state-law claim that is part of the same case or controversy as a federal-question claim.
D) Any claim the court deems convenient, regardless of the parties or facts.
**Answer: C**
**Explanation:** § 1367(a) permits supplemental jurisdiction over “all other claims that are so related to
claims in the action within such jurisdiction that they form part of the same case or controversy.”
**Question 4**
A defendant may remove a case to federal court only if:
A) The plaintiff has not yet served the complaint.
B) The case could have been filed in federal court originally.
C) The defendant files a notice of removal within 30 days after receipt of the initial pleading.
D) The plaintiff consents to removal.
**Answer: B**
**Explanation:** Removal is permissible only when the case was “removable” at the time the complaint was
filed, i.e., the federal court had original jurisdiction (either federal question or complete diversity).
**Question 5**
Which of the following is NOT a factor considered in the “minimum contacts” analysis for specific personal
jurisdiction?
A) The defendant’s purposeful availment of the forum state.
B) Whether the plaintiff is a resident of the forum state.
C) Relatedness of the defendant’s contacts to the claim.
, Civil Procedure Multistate Bar Ultimate Exam
D) Fairness and reasonableness of exercising jurisdiction.
**Answer: B**
**Explanation:** The plaintiff’s residence is irrelevant to the minimum-contacts test; the focus is on the
defendant’s contacts with the forum state.
**Question 6**
A state long-arm statute that permits service of process on a non-resident who has “transacted any business”
in the state is facially constitutional when:
A) The defendant has a single isolated transaction unrelated to the lawsuit.
B) The defendant has continuous and systematic business activities in the state.
C) The transaction is the very basis of the plaintiff’s claim.
D) The defendant has a physical presence in the state, regardless of activity.
**Answer: C**
**Explanation:** For specific jurisdiction, the defendant’s contacts must be related to the plaintiff’s claim; a
single transaction that is the basis of the suit satisfies the relatedness requirement.
**Question 7**
Under Rule 4(d), a plaintiff may obtain a waiver of service by:
A) Filing a motion for default judgment.
B) Sending a written notice to the defendant that the plaintiff will not serve and that the plaintiff’s claim is for a
sum less than $75,000.
C) Filing a stipulation of waiver of service signed by the defendant.
D) Serving the defendant by publication.
**Answer: C**
**Explanation:** Rule 4(d) allows the parties to stipulate to waive service, which the court must accept unless
the stipulation is not signed by the defendant.
, Civil Procedure Multistate Bar Ultimate Exam
**Question 8**
When a federal court transfers venue under 28 U.S.C. § 1404(a), the court must:
A) Dismiss the case and require the plaintiff to refile in the new district.
B) Transfer the case without prejudice to the plaintiff’s claims.
C) Determine whether the transferee district is convenient for the parties and witnesses.
D) Require the plaintiff to consent to the transfer.
**Answer: C**
**Explanation:** § 1404(a) authorizes transfer “in the interest of justice” for the convenience of parties and
witnesses and in the interest of efficient case management.
**Question 9**
In a forum-non-conveniens dismissal, the court must first find that:
A) The foreign forum is more favorable to the defendant.
B) The foreign forum is the “more appropriate” forum under 28 U.S.C. § 1404.
C) An adequate and available alternative forum exists.
D) The plaintiff consented to dismissal.
**Answer: C**
**Explanation:** The doctrine requires that an “adequate” alternative forum be available before dismissing a
case on forum-non-conveniens grounds.
**Question 10**
The Erie doctrine requires a federal court sitting in diversity to apply:
A) Federal substantive law and state procedural law.
B) State substantive law and federal procedural law.
C) Federal substantive law and federal procedural law, regardless of the state.
D) The law of the forum state for all issues.
