MEE Test Questions & Answers
2024/2025
Personal Jurisdiction Requirements - ANSWERSMust have contact, relatedness, and fairness.
a. Contract: Purposful availment (contacting the forum) and foreseeability.
b. Relatedness: Does Plaintiff's claim arise or relate to defendant's contact? If so, then there is specific
personal jurisdiction. If not, then there must be general PJ, meaning that the defendant is served process
in the forum or is at home in the forum (domiciled) or is registered to do business or appointed an agent
for service of process there.
c. Fairness: Specific PJ only. This includes burden on the defendant and witnesses (tough burden), State
interest, and Plaintiff's interest.
Subject Matter Jurisdiction - ANSWERSMost state courts can hear any type of case. Federal courts have
SMJ limited to Federal Questions and Diversity Cases.
Diversity of citizenship
a. Complete Diversity
b. Person is a citizen of the state of his domicile
c. Corporation is domiciled where its incorporated and where its PPoB is.
d. An unincorporated business is a citizen of every state where it has members.
e. Class action is determined by named member(s) for citizenship.
f. Diversity is determined on the date the lawsuit was filed.
Amount in Controversy
a. Good faith will count
b. Judgement doesn't destroy
c. Two claims: Add them together
d. More than one defendant for joint liability: All good
2) For Federal Question, look to see if it arises under federal law.
,Supplimental Jurisdiction - ANSWERSA court can hear a claim that does not arise from FQ or DQ if the
claim arises from a common nucleus of operative fact and if the litigant would be expected to try both
claims in one action.
Proper Service of Process - ANSWERS1. Waiver
2. Personal Service
3. Usual place of abode
4. Service on authorized agent
5. Any method valid in the state where service is to be made.
Removal - ANSWERSDefendant in state court removes the case to federal court. Must have FQ or DQ.
Venue - ANSWERSResidential: Plaintiff may sue where all of the defendants reside if they all reside in the
same state. If defendants reside in different disctricts, then they can be filed in either district.
Transactional: Plaintiff may sue where a substantial amount of the actions in the claim occurred or where
a substantial amount of the property in question is located.
Erie Doctrine - ANSWERSDiversity: Court applies the substantive law of the state where its sitting,
including their choice of law provisions.
Pleadings - ANSWERS1. Complaint (including sufficient facts, statement, and demand).
2. Motion or answer from Defendant within 21 days after being served. If Rule 12 Motion was made,
then 14 days after denial. If no service, then 60 days. Must deny or admit allegations and set out
affirmative defenses.
a. Waivable defenses: Lack of PJ, Improper venue, improper process, improper service process.
b. Non-waivable defenses: Failure to state a claim, lack of subject matter jurisdiction.
Amendment of Pleading - ANSWERSCan be done without consent of court if within 21 days of service.
After that, requires court consent.
,Initial Required Disclosures - ANSWERS1. People with discoverable information who the party may use to
support their claims
2. Documents or things that the party may use to support their claims
3. Insurance coverage and computation for relief.
Required Expert Disclosures - ANSWERS1. Must be an expert that will be used at trial, not just ones that
are consulted.
2. Must provide identity and written report coverning opinions of the expert and the facts and basis for
their opinion.
Final Judgement Rule - ANSWERSCan only appeal if the court issues a final judgement unless it is an
"interlocutory order."
1. Interlocutory order
a. Appealable as of right: Permenant or prelimary injunctions.
b. Discretionary: (1) Controlling issue of law, (2) debatable.
c. If there are multiple claims, one can be declared final and appealed if there is no reason for delay.
d. Class actions are discretionary.
Temporary Restraining Order - ANSWERSBefore a preliminary injunction, you can get a TRO to preserve
the status quo.
Must state:
1. What the defendant must not do
2. Why it was issued.
3. Why the threatened injury to the Plaintiff is irrepairable.
Cannot exceed more than 14 days unless good cause is shown for 14 extra days.
, Motion for Summary Judgement - ANSWERSParty must show that 1. There is no genuine dispute of
material fact and 2. They are entiteld to judgement as a matter of law.
a. No more than 30 days after the close of discovery.
b. Party can obtain more time through affidavit or declaration.
JMOL - ANSWERSJudge enters judgement before the case goes to the jury.
Occurs when:
1. Reasonable people could not disagree on the result.
2. After all of the non-moving party's evidence has been heard.
RJMOL is the same as JMOL, but comes up after trial (no more than 28 days). Party must move for JMOL
during trial for it to be considered. It also must be on the same grounds that the original motion was
filed.
Motion for New Trial - ANSWERSCan be granted when there was a serious error during trial. On the
grounds that more substantial evidence was presented by one party over the other, great defference is
again given to the jury.
Juror Misconduct - ANSWERSJuror Misconduct can result in the granting of a new trial, if they outright
lied during voir dire or evidence of their bias is extreme to the point where they were potentially in the
position to poison the jury room.
Issue/Claim Preclusion - ANSWERSClaim Preclusion:
(1) Same claimant suing same defendant (within the same transaction or occurrence).
(2) Valid, final judgement on the merits
Issue Preclusion
(1) Vlaid final judgement
(2) Same issue actually litigated and determined in case one.
2024/2025
Personal Jurisdiction Requirements - ANSWERSMust have contact, relatedness, and fairness.
a. Contract: Purposful availment (contacting the forum) and foreseeability.
b. Relatedness: Does Plaintiff's claim arise or relate to defendant's contact? If so, then there is specific
personal jurisdiction. If not, then there must be general PJ, meaning that the defendant is served process
in the forum or is at home in the forum (domiciled) or is registered to do business or appointed an agent
for service of process there.
c. Fairness: Specific PJ only. This includes burden on the defendant and witnesses (tough burden), State
interest, and Plaintiff's interest.
Subject Matter Jurisdiction - ANSWERSMost state courts can hear any type of case. Federal courts have
SMJ limited to Federal Questions and Diversity Cases.
Diversity of citizenship
a. Complete Diversity
b. Person is a citizen of the state of his domicile
c. Corporation is domiciled where its incorporated and where its PPoB is.
d. An unincorporated business is a citizen of every state where it has members.
e. Class action is determined by named member(s) for citizenship.
f. Diversity is determined on the date the lawsuit was filed.
Amount in Controversy
a. Good faith will count
b. Judgement doesn't destroy
c. Two claims: Add them together
d. More than one defendant for joint liability: All good
2) For Federal Question, look to see if it arises under federal law.
,Supplimental Jurisdiction - ANSWERSA court can hear a claim that does not arise from FQ or DQ if the
claim arises from a common nucleus of operative fact and if the litigant would be expected to try both
claims in one action.
Proper Service of Process - ANSWERS1. Waiver
2. Personal Service
3. Usual place of abode
4. Service on authorized agent
5. Any method valid in the state where service is to be made.
Removal - ANSWERSDefendant in state court removes the case to federal court. Must have FQ or DQ.
Venue - ANSWERSResidential: Plaintiff may sue where all of the defendants reside if they all reside in the
same state. If defendants reside in different disctricts, then they can be filed in either district.
Transactional: Plaintiff may sue where a substantial amount of the actions in the claim occurred or where
a substantial amount of the property in question is located.
Erie Doctrine - ANSWERSDiversity: Court applies the substantive law of the state where its sitting,
including their choice of law provisions.
Pleadings - ANSWERS1. Complaint (including sufficient facts, statement, and demand).
2. Motion or answer from Defendant within 21 days after being served. If Rule 12 Motion was made,
then 14 days after denial. If no service, then 60 days. Must deny or admit allegations and set out
affirmative defenses.
a. Waivable defenses: Lack of PJ, Improper venue, improper process, improper service process.
b. Non-waivable defenses: Failure to state a claim, lack of subject matter jurisdiction.
Amendment of Pleading - ANSWERSCan be done without consent of court if within 21 days of service.
After that, requires court consent.
,Initial Required Disclosures - ANSWERS1. People with discoverable information who the party may use to
support their claims
2. Documents or things that the party may use to support their claims
3. Insurance coverage and computation for relief.
Required Expert Disclosures - ANSWERS1. Must be an expert that will be used at trial, not just ones that
are consulted.
2. Must provide identity and written report coverning opinions of the expert and the facts and basis for
their opinion.
Final Judgement Rule - ANSWERSCan only appeal if the court issues a final judgement unless it is an
"interlocutory order."
1. Interlocutory order
a. Appealable as of right: Permenant or prelimary injunctions.
b. Discretionary: (1) Controlling issue of law, (2) debatable.
c. If there are multiple claims, one can be declared final and appealed if there is no reason for delay.
d. Class actions are discretionary.
Temporary Restraining Order - ANSWERSBefore a preliminary injunction, you can get a TRO to preserve
the status quo.
Must state:
1. What the defendant must not do
2. Why it was issued.
3. Why the threatened injury to the Plaintiff is irrepairable.
Cannot exceed more than 14 days unless good cause is shown for 14 extra days.
, Motion for Summary Judgement - ANSWERSParty must show that 1. There is no genuine dispute of
material fact and 2. They are entiteld to judgement as a matter of law.
a. No more than 30 days after the close of discovery.
b. Party can obtain more time through affidavit or declaration.
JMOL - ANSWERSJudge enters judgement before the case goes to the jury.
Occurs when:
1. Reasonable people could not disagree on the result.
2. After all of the non-moving party's evidence has been heard.
RJMOL is the same as JMOL, but comes up after trial (no more than 28 days). Party must move for JMOL
during trial for it to be considered. It also must be on the same grounds that the original motion was
filed.
Motion for New Trial - ANSWERSCan be granted when there was a serious error during trial. On the
grounds that more substantial evidence was presented by one party over the other, great defference is
again given to the jury.
Juror Misconduct - ANSWERSJuror Misconduct can result in the granting of a new trial, if they outright
lied during voir dire or evidence of their bias is extreme to the point where they were potentially in the
position to poison the jury room.
Issue/Claim Preclusion - ANSWERSClaim Preclusion:
(1) Same claimant suing same defendant (within the same transaction or occurrence).
(2) Valid, final judgement on the merits
Issue Preclusion
(1) Vlaid final judgement
(2) Same issue actually litigated and determined in case one.
