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MBE Civil Procedure Questions and Correct
Answers/ Latest Update / Already Graded
Personal Jurisdiction Analysis
Ans: (1) satisfy a state statute AND (2) satisfy the constitution
PJ Constitutional analysis
Ans: minimum contacts with forum so juris. does not offend traditional notions
of fair play and substantial justice -
Clearly established if domiciled in forum, consents, or voluntarily present when
served with process
(1) Contact
Ans: (1) Must result from purposeful availment and (b) have been foreseeable
that D could get sued in the forum
(2) Relatedness
Ans: Does the claim arise from D's contact w/ forum?
Specific PJ - when claim arises from D's contact with forum
General PJ - where D is at home in the forum (domiciled)
Domicile
Ans: Everyone had one, and only one. Where live with intent to stay.
Corporation: (1) where incorporated AND (2) principal place of business
(3) Fairness
© 2025/ 2026 | ® All rights reserved
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Ans: APPLIES TO SPECIFIC PJ ONLY
Factors:
(1) Burden on D and witnesses - does not have to be most convenient forum, just
can't put party at severe disadvantage in litigation. Relative wealth of parties not
determinative
(2) State's interest
(3) Plaintiff's interest
In Rem and Quasi In Rem
Ans: Here power is over property in the forum. To be constitutional, D's
contacts must still meet constitutional test above
State Court SMJ
Ans: Have general SMJ - can hear almost anything EXCEPT: certain cases arising
under federal law (patent infringement, bankruptcy, some fed. securities/antitrust
claims)
Fed. Court SMJ
Ans: Limited SMJ. For the most part, can only hear if (1) diversity of citizens hip
or (2) federal question
Diversity of Citizenship
Ans: (1) cases is between citizens of different states or between a citizen and an
alien AND (2) amount in controversy exceeds $75,000
Complete Diversity Rule
Ans: No good if ANY P is a citizen of the same state as ANY D
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Alienage Rules
Ans: Alien admitted for permanent resident domiciled in U.S. state is an alien.
However, rule prohibits alienage if green card alien domiciled in same U.S. state
as litigant on other side
Citizenship of a Natural Person
Ans: Citizen of state where domiciled - only have one
Establish by (1) physical presence and (2) intent to make that your permanent
home
Note: Test for Diversity as of when the case was filed
Citizenship of a Corporation
Ans: (1) State/country where incorporated AND (2) state/country of principal
place of business
PPB = where managers direct and control corporate activities (nerve center,
usually headquarters)
Citizenship of Unincorporated Association
Ans: The citizenship of ALL its members (including limited partners, etc).
Citizenship of Decedents, Minors, or Incompetents
Ans: Do not use citizenship of representative, use citizenship of the individual
being represented
Amount in Controversy
© 2025/ 2026 | ® All rights reserved
MBE Civil Procedure Questions and Correct
Answers/ Latest Update / Already Graded
Personal Jurisdiction Analysis
Ans: (1) satisfy a state statute AND (2) satisfy the constitution
PJ Constitutional analysis
Ans: minimum contacts with forum so juris. does not offend traditional notions
of fair play and substantial justice -
Clearly established if domiciled in forum, consents, or voluntarily present when
served with process
(1) Contact
Ans: (1) Must result from purposeful availment and (b) have been foreseeable
that D could get sued in the forum
(2) Relatedness
Ans: Does the claim arise from D's contact w/ forum?
Specific PJ - when claim arises from D's contact with forum
General PJ - where D is at home in the forum (domiciled)
Domicile
Ans: Everyone had one, and only one. Where live with intent to stay.
Corporation: (1) where incorporated AND (2) principal place of business
(3) Fairness
© 2025/ 2026 | ® All rights reserved
, 2 | Page
Ans: APPLIES TO SPECIFIC PJ ONLY
Factors:
(1) Burden on D and witnesses - does not have to be most convenient forum, just
can't put party at severe disadvantage in litigation. Relative wealth of parties not
determinative
(2) State's interest
(3) Plaintiff's interest
In Rem and Quasi In Rem
Ans: Here power is over property in the forum. To be constitutional, D's
contacts must still meet constitutional test above
State Court SMJ
Ans: Have general SMJ - can hear almost anything EXCEPT: certain cases arising
under federal law (patent infringement, bankruptcy, some fed. securities/antitrust
claims)
Fed. Court SMJ
Ans: Limited SMJ. For the most part, can only hear if (1) diversity of citizens hip
or (2) federal question
Diversity of Citizenship
Ans: (1) cases is between citizens of different states or between a citizen and an
alien AND (2) amount in controversy exceeds $75,000
Complete Diversity Rule
Ans: No good if ANY P is a citizen of the same state as ANY D
© 2025/ 2026 | ® All rights reserved
, 3 | Page
Alienage Rules
Ans: Alien admitted for permanent resident domiciled in U.S. state is an alien.
However, rule prohibits alienage if green card alien domiciled in same U.S. state
as litigant on other side
Citizenship of a Natural Person
Ans: Citizen of state where domiciled - only have one
Establish by (1) physical presence and (2) intent to make that your permanent
home
Note: Test for Diversity as of when the case was filed
Citizenship of a Corporation
Ans: (1) State/country where incorporated AND (2) state/country of principal
place of business
PPB = where managers direct and control corporate activities (nerve center,
usually headquarters)
Citizenship of Unincorporated Association
Ans: The citizenship of ALL its members (including limited partners, etc).
Citizenship of Decedents, Minors, or Incompetents
Ans: Do not use citizenship of representative, use citizenship of the individual
being represented
Amount in Controversy
© 2025/ 2026 | ® All rights reserved
