Civil Procedure MBE and MEE
What do federal district courts have original subject matter jurisdiction over? - answer
federal question jurisdiction or diversity jurisdiction
What is federal question jurisdiction? - answerwhen the claim arises under the US
Constitution, a federal treaty, or a federal law
What is required for diversity jurisdiction? - answerthe opposing parties must be citizens
of different states and the amount in controversy must exceed $75,000
When can a court not exercise supplemental jurisdiction over another claim when the
original claim was based on diversity jurisdiction? - answerWhen the additional claim
contaminates or destroys complete diversity
seeks $75,000 or less and is made by a plaintiff against parties added through joinder,
intervention, impleader, or seeking to join through compulsory joinder or intervention
When can a defendant remove a suit from state court to federal court? - answerWhen
the case falls within the federal court's original subject matter jurisdiction
What is the home-court advantage rule for remand? - answerthis rule prohibits removal
when the SMJ arises from diversity jurisdiction and a defendant is a citizen of the state
where the case was filed.
When can a defendant assert lack of personal jurisdiction as a defense? - answerAs
long as the defense is raised in a 12(b) pretrial motion to dismiss or answer (whichever
occurs first) - failure to do so waives a challenge to personal jxn unless the defense is
asserted in an amended answer filed within 21 days after original answer filed
What is general jurisdiction? - answerwhen the defendant has continuous and
systematic contacts with the forum state that are so substantial that the defendant is
essentially "at home"
What is specific jurisdiction? - answerwhen the plaintiff's claim arises from the
defendant's minimum contacts with the forum state and the exercise of jurisdiction
would comply with notions of fair play and substantial justice
When is venue proper? - answerany defendant resides, as long as all defendant reside
in the same state
, a substantial part of the events that gave rise to the suit occurred or a substantial part of
the property at issue is located
any defendant is subject to the court's personal jurisdiction - but only if neither of the
above provisions applies
Does failure to prove service of process affect the validity of the service? - answerNo,
but the plaintiff must provide proof of service of process to the court when service was
properly made in the US and not waived by the defendant
List the FRCP 12 motions (defenses) - answer(b)
lack of subject matter or personal jurisdiction
improper venue
insufficient process or service of process
failure to state claim upon which relief can be granted
failure to join required party
(c)
motion for judgment on the pleadings
(e)
motion for more definite statement in pleading
(f)
motion to strike insufficient defense or immaterial matter from pleading
What is a motion to dismiss for failure to state a claim? - answera request that the court
dismiss the suit because the nonmovant's complaint fails to assert a legally cognizable
claim or fails to allege facts that sufficiently support the claim
What must the court do when considering a motion for failure to state a claim? -
answerlimit its consideration to the contents of the pleadings and matters of public
record
treat all well-pleaded facts in the complaint as true and view the evidence and draw all
reasonable inferences in the light most favorable to the nonmovant
What must an answer include or it is waived? - answeradmissions or denials for each
allegation
motions that have not already been waived
affirmative defenses (assertions that can negate or reduce liability even if every element
of the party's claim is proven
compulsory counterclaims
What do federal district courts have original subject matter jurisdiction over? - answer
federal question jurisdiction or diversity jurisdiction
What is federal question jurisdiction? - answerwhen the claim arises under the US
Constitution, a federal treaty, or a federal law
What is required for diversity jurisdiction? - answerthe opposing parties must be citizens
of different states and the amount in controversy must exceed $75,000
When can a court not exercise supplemental jurisdiction over another claim when the
original claim was based on diversity jurisdiction? - answerWhen the additional claim
contaminates or destroys complete diversity
seeks $75,000 or less and is made by a plaintiff against parties added through joinder,
intervention, impleader, or seeking to join through compulsory joinder or intervention
When can a defendant remove a suit from state court to federal court? - answerWhen
the case falls within the federal court's original subject matter jurisdiction
What is the home-court advantage rule for remand? - answerthis rule prohibits removal
when the SMJ arises from diversity jurisdiction and a defendant is a citizen of the state
where the case was filed.
When can a defendant assert lack of personal jurisdiction as a defense? - answerAs
long as the defense is raised in a 12(b) pretrial motion to dismiss or answer (whichever
occurs first) - failure to do so waives a challenge to personal jxn unless the defense is
asserted in an amended answer filed within 21 days after original answer filed
What is general jurisdiction? - answerwhen the defendant has continuous and
systematic contacts with the forum state that are so substantial that the defendant is
essentially "at home"
What is specific jurisdiction? - answerwhen the plaintiff's claim arises from the
defendant's minimum contacts with the forum state and the exercise of jurisdiction
would comply with notions of fair play and substantial justice
When is venue proper? - answerany defendant resides, as long as all defendant reside
in the same state
, a substantial part of the events that gave rise to the suit occurred or a substantial part of
the property at issue is located
any defendant is subject to the court's personal jurisdiction - but only if neither of the
above provisions applies
Does failure to prove service of process affect the validity of the service? - answerNo,
but the plaintiff must provide proof of service of process to the court when service was
properly made in the US and not waived by the defendant
List the FRCP 12 motions (defenses) - answer(b)
lack of subject matter or personal jurisdiction
improper venue
insufficient process or service of process
failure to state claim upon which relief can be granted
failure to join required party
(c)
motion for judgment on the pleadings
(e)
motion for more definite statement in pleading
(f)
motion to strike insufficient defense or immaterial matter from pleading
What is a motion to dismiss for failure to state a claim? - answera request that the court
dismiss the suit because the nonmovant's complaint fails to assert a legally cognizable
claim or fails to allege facts that sufficiently support the claim
What must the court do when considering a motion for failure to state a claim? -
answerlimit its consideration to the contents of the pleadings and matters of public
record
treat all well-pleaded facts in the complaint as true and view the evidence and draw all
reasonable inferences in the light most favorable to the nonmovant
What must an answer include or it is waived? - answeradmissions or denials for each
allegation
motions that have not already been waived
affirmative defenses (assertions that can negate or reduce liability even if every element
of the party's claim is proven
compulsory counterclaims
