Civil Procedure Barbri 2025/2026 Exam
Questions and Detailed Answers | Get it
1
100% Correct Answers
On his 25th birthday, a young man decided to move to State A. He packed
his belongings and shipped them to State A to be stored. He intended to
drive his car to State A, stay in a hotel until he found an apartment, and
then have his belongings delivered to the apartment. As the man drove
away from his State B apartment, he was in an automobile accident and
suffered severe injuries. He has remained in State B because of his
injuries, but still intends to move to State A when he recuperates. While still
recuperating in State B, he filed a negligence action against the other driver
in federal district court, seeking $500,000 for his injuries. The other driver is
a citizen of State B.
Does the federal district court have diversity of citizenship jurisdiction over
the plaintiff's claim?
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,A Yes, because the man is deemed a citizen of State A since he intends to
live there and already has shipped his belongings there.
2
B N - 🧠 ANSWER ✔✔C. No, because the man is still a State B citizen since
he has not established a home elsewhere.
When he turned 21, a young man who lived in State A decided to move to
a city in State B. He loaded all his possessions in his truck and trailer and
set out for State B. While en route, he was involved in a serious accident in
State C with a woman driving an SUV, injuring both parties. Because of his
injuries, the man has remained in State C for several months. However, he
still intends to relocate to the city in State B as soon as he has recuperated
and is able to travel. The woman, a citizen and resident of State D, is
preparing to file a negligence action in federal district court against the man
for the injuries she suffered in the State C accident.
If the woman files the action before the man proceeds to State B, in what
federal district or districts is venue proper?
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
,A The District of State C only.
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B The District of State C and the District of State A.
C The District of State C and the District of State B. - 🧠 ANSWER ✔✔B The
District of State C and the District of State A.
A plaintiff filed an action against a defendant in federal district court,
seeking compensatory damages for negligence after a car accident. The
defendant has a policy of automobile liability insurance under which its
insurance company will pay for the defendant's defense and all or part of
the defendant's liability in the action.
Is the defendant's insurance policy subject to discovery by the plaintiff?
A Yes, because it is relevant to the claims and defenses asserted by the
parties.
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
, B Yes, because insurance policies generally are part of the defendant's
required disclosures.
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C No, because the insurance policy is not relevant to the claim or defense
of any party.
D No, because the insurance policy is protected by privilege. - 🧠 ANSWER
✔✔B Yes, because insurance policies generally are part of the defendant's
required disclosures.
A plaintiff filed a civil action based on negligence against a defendant in
federal district court, alleging that the defendant negligently ran a red light
at an intersection and collided with the plaintiff's vehicle, causing the
plaintiff's injuries.
A week after the close of discovery, the plaintiff filed a motion for summary
judgment on the issue of whether the defendant was negligent. With the
motion, the plaintiff filed (i) his own sworn affidavit, which stated that the
traffic signal was green as he entered the intersection, (ii) an affidavit of a
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
Questions and Detailed Answers | Get it
1
100% Correct Answers
On his 25th birthday, a young man decided to move to State A. He packed
his belongings and shipped them to State A to be stored. He intended to
drive his car to State A, stay in a hotel until he found an apartment, and
then have his belongings delivered to the apartment. As the man drove
away from his State B apartment, he was in an automobile accident and
suffered severe injuries. He has remained in State B because of his
injuries, but still intends to move to State A when he recuperates. While still
recuperating in State B, he filed a negligence action against the other driver
in federal district court, seeking $500,000 for his injuries. The other driver is
a citizen of State B.
Does the federal district court have diversity of citizenship jurisdiction over
the plaintiff's claim?
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
,A Yes, because the man is deemed a citizen of State A since he intends to
live there and already has shipped his belongings there.
2
B N - 🧠 ANSWER ✔✔C. No, because the man is still a State B citizen since
he has not established a home elsewhere.
When he turned 21, a young man who lived in State A decided to move to
a city in State B. He loaded all his possessions in his truck and trailer and
set out for State B. While en route, he was involved in a serious accident in
State C with a woman driving an SUV, injuring both parties. Because of his
injuries, the man has remained in State C for several months. However, he
still intends to relocate to the city in State B as soon as he has recuperated
and is able to travel. The woman, a citizen and resident of State D, is
preparing to file a negligence action in federal district court against the man
for the injuries she suffered in the State C accident.
If the woman files the action before the man proceeds to State B, in what
federal district or districts is venue proper?
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
,A The District of State C only.
3
B The District of State C and the District of State A.
C The District of State C and the District of State B. - 🧠 ANSWER ✔✔B The
District of State C and the District of State A.
A plaintiff filed an action against a defendant in federal district court,
seeking compensatory damages for negligence after a car accident. The
defendant has a policy of automobile liability insurance under which its
insurance company will pay for the defendant's defense and all or part of
the defendant's liability in the action.
Is the defendant's insurance policy subject to discovery by the plaintiff?
A Yes, because it is relevant to the claims and defenses asserted by the
parties.
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
, B Yes, because insurance policies generally are part of the defendant's
required disclosures.
4
C No, because the insurance policy is not relevant to the claim or defense
of any party.
D No, because the insurance policy is protected by privilege. - 🧠 ANSWER
✔✔B Yes, because insurance policies generally are part of the defendant's
required disclosures.
A plaintiff filed a civil action based on negligence against a defendant in
federal district court, alleging that the defendant negligently ran a red light
at an intersection and collided with the plaintiff's vehicle, causing the
plaintiff's injuries.
A week after the close of discovery, the plaintiff filed a motion for summary
judgment on the issue of whether the defendant was negligent. With the
motion, the plaintiff filed (i) his own sworn affidavit, which stated that the
traffic signal was green as he entered the intersection, (ii) an affidavit of a
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
