MBE Civil Procedure Exam set
Questions with simplified correct
Answers
On the MBE what is subject matter jurisdiction? - correct answer-✅On the MBE subject matter
jurisdiction is the jurisdiction that gives the court the authority over the case.
On the MBE when will a court have subject matter jurisdiction? - correct answer-✅On the MBE a court
will have subject matter jurisdiction when there is diversity of citizenship or a federal question.
On the MBE when has the diversity requirement been satisfied? - correct answer-✅On the MBE the
diversity requirement has been satisfied when the parties reside in different states and the case is worth
an more than $75,000, but if any opposing party lives in the same state then there is no diversity.
On the MBE when does a person reside in a state? - correct answer-✅On the MBE a person resides in a
state when it is their personal residence. The person must be a permanent resident meaning where they
are is where they intend to stay.
On the MBE where does a corporation reside? - correct answer-✅On the MBE a corporation resides
where they are incorporated or where it has is principal place of business.
On the MBE when is a federal question at issue? - correct answer-✅On the MBE a federal question is at
issue when the substantive law is
· (1) Admiralty law
· (2) Copy right
· (3) Trademark
(4) Patent law
On the MBE what is personal jurisdiction? - correct answer-✅On the MBE personal jurisdiction is when
the court has jurisdiction over the parties themselves.
On the MBE when does the court always have personal jurisdiction? - correct answer-✅On the MBE a
court always has personal jurisdiction when
· (1) the party resides in the same state as the court
· (2) the party is physically present in the state and accept service and process
· (3) the party consents to be sued in a jurisdiction (consider contract or agreement)
On the MBE when can a state bring a party that it does not have personal jurisdiction over into its state
so that personal jurisdiction can be established? - correct answer-✅On the MBE a court can bring a
party that is does not have personal jurisdiction over into its state to establish personal jurisdiction when
· (1) the court has sufficient proof of minimum contacts (relationships, family, friends, travel there,
business, any connection)
· (2) the corporation has Business activity that is systematic and continuous
· (3) the business is purposely availing itself of the laws of the state by purposely taking a benefit of the
laws of the state
On the MBE what is removal? - correct answer-✅On the MBE removal refers to the transfer of a civil
action from state trial court to federal district court and may occur when a P files a case in state court
and now someone is trying to remove it to federal court.
Questions with simplified correct
Answers
On the MBE what is subject matter jurisdiction? - correct answer-✅On the MBE subject matter
jurisdiction is the jurisdiction that gives the court the authority over the case.
On the MBE when will a court have subject matter jurisdiction? - correct answer-✅On the MBE a court
will have subject matter jurisdiction when there is diversity of citizenship or a federal question.
On the MBE when has the diversity requirement been satisfied? - correct answer-✅On the MBE the
diversity requirement has been satisfied when the parties reside in different states and the case is worth
an more than $75,000, but if any opposing party lives in the same state then there is no diversity.
On the MBE when does a person reside in a state? - correct answer-✅On the MBE a person resides in a
state when it is their personal residence. The person must be a permanent resident meaning where they
are is where they intend to stay.
On the MBE where does a corporation reside? - correct answer-✅On the MBE a corporation resides
where they are incorporated or where it has is principal place of business.
On the MBE when is a federal question at issue? - correct answer-✅On the MBE a federal question is at
issue when the substantive law is
· (1) Admiralty law
· (2) Copy right
· (3) Trademark
(4) Patent law
On the MBE what is personal jurisdiction? - correct answer-✅On the MBE personal jurisdiction is when
the court has jurisdiction over the parties themselves.
On the MBE when does the court always have personal jurisdiction? - correct answer-✅On the MBE a
court always has personal jurisdiction when
· (1) the party resides in the same state as the court
· (2) the party is physically present in the state and accept service and process
· (3) the party consents to be sued in a jurisdiction (consider contract or agreement)
On the MBE when can a state bring a party that it does not have personal jurisdiction over into its state
so that personal jurisdiction can be established? - correct answer-✅On the MBE a court can bring a
party that is does not have personal jurisdiction over into its state to establish personal jurisdiction when
· (1) the court has sufficient proof of minimum contacts (relationships, family, friends, travel there,
business, any connection)
· (2) the corporation has Business activity that is systematic and continuous
· (3) the business is purposely availing itself of the laws of the state by purposely taking a benefit of the
laws of the state
On the MBE what is removal? - correct answer-✅On the MBE removal refers to the transfer of a civil
action from state trial court to federal district court and may occur when a P files a case in state court
and now someone is trying to remove it to federal court.
