CivPro - Multistate Bar Exam 2024-2025
Practice Guide
1. What is the Con- Does D have such minimum contacts with the forum state so jurisdiction does not
stitutional test ottend traditional notions of fair play and substantial justice?
for personal ju- Factors:
risdiction? 1) Contact (purposeful availment & foreseeability)
2) Relatedness of claim to contact (determines whether SPJ or GPJ needed)
3) (Specific PJ only) Fairness - burden on D/witnesses, state interest, P's interest,
other
2. How can a fo- If individual: domicile, served in state. If corp: registered agent + registered to do
rum get general biz in the state, state law allowing all registered in state to be under GPJ, "at home"
personal jurisdic- (always: incorporated or principal place of business)
tion over a defen-
dant?
3. How is process 1) personal service anywhere, 2) substituted service at usual place of abode, to
served on an in- someone of suitable age/discretion, who resides there, 3) service on agent in
dividual in the scope of agency, 4) state law methods (forum or location of service)
US?
4. How is process 1) delivery of summons+complaint to an oflcer, 2) state law methods (forum or
served on a busi- location of service)
ness or organiza-
tion in the US?
5. How is process Only by methods permitted by state of service
served on
a minor/incom-
petent the US?
6. How is process 1) International agreement, 2) if none & if method reasonably calculated to give
served on parties notice: as directed by US court, method allowed by foreign country, method di-
in a foreign coun- rected by foreign oflcial re: letter rogatory, (if permitted by foreign law) personal
try? service in foreign country or mail sent by US clerk requiring signed receipt
, CivPro - Multistate Bar Exam 2024-2025
Practice Guide
7. What is the Process: P requests by mailing D notice + request with complaint, 2 copies of
process to waive waiver form, & prepaid means of returning form. Then, D executes form & mails
service and what within 30 days (US) or 60 days (intl). Then, P files the waiver in court. Ettect: day
are its effects/ef- of P filing waiver = day D served, D does not waive any defenses, failure to return
fects of failure to causes D to pay costs of service (unless good cause)
waive?
8. What are 1) Complete diversity at time of case filed: b/w citizens of ditterent US states or
the require- b/w a citizen of a US state and a foreign citizen (incl. greencard holder, if not
ments for diver- domiciled in same state as other party), 2) amount in controversy exceeds $75k
sity/alienage cas-
es?
9. How does a 1) have physical presence in the new domicile, 2) intent to make that place their
natural person home for indefinite future (job, buying property, joining orgs, registering to vote,
change their qualifying for in-state benefits). Same for minor/incompetent.
domicile for
the purposes
of citizenship/di-
versity?
10. How is a cor- Corp: any state/country in which it is incorporated and ONE principal place of
poration's, LLC's, business (state from where corp's managers direct, coordinate, control biz activi-
and LLP's citizen- ties/nerve center, usually HQ). LLC: citizenship of all members. LLP: citizenship of
ship determined all general and limited partners.
for the purposes
of diversity?
11. How do you 1) 1 claim exceeding $75k claimed in good faith, 2) aggregate any and all claims
calculate the by 1 P against 1 D, even if unrelated, 3) if equitable relief, value of relief to P or
amount in con- cost of relief to D
troversy for the
, purpose of diver-
sity jurisdiction?
12. What are the ex- Divorce, alimony, child custody, probate
cluded cases for
diversity jurisdic-
tion?
13. What are the Well-pleaded complaint rule: P's claim must arise under federal law - not suflcient
requirements for that federal law is relevant/in complaint
federal question
jurisdiction?
14. What is the 1) D files notice of removal in federal court with grounds of removal, means of
process to re- federal SMJ, attachment of all docs served on D in state action, 2) D serves copy
move a case to of notice of removal to adverse parties, 3) D files copy of notice in state court, 4)
federal court? all Ds (if more) must join in removal by joining doc or filing separate notices.
15. What is the No later than 30 days after service of first paper showing that case is removable
time limit for re- (usually service of process shows). Earlier served Ds may benefit from removal
moval for initi- period of later joined Ds, if the later joined D initiates removal.
ating defendants
and joined defen-
dants?
16. What are the lim- Only applies to diversity cases! 1) In-state defendant rule: cannot be removed if
itations on re- any D is a citizen of the forum state, 2) cannot be removed more than 1 year
moval? after case filed in state court unless P purposely joined a D in bad faith to prevent
removal. Timeline does not attect 30 day timing requirement, e.g. if non-diverse
D dismissed from case- clock resets to remove.
17. To which fed- The federal court embracing the state court where the case was filed, regardless
eral court does of whether venue would have been proper under the venue statutes.
Practice Guide
1. What is the Con- Does D have such minimum contacts with the forum state so jurisdiction does not
stitutional test ottend traditional notions of fair play and substantial justice?
for personal ju- Factors:
risdiction? 1) Contact (purposeful availment & foreseeability)
2) Relatedness of claim to contact (determines whether SPJ or GPJ needed)
3) (Specific PJ only) Fairness - burden on D/witnesses, state interest, P's interest,
other
2. How can a fo- If individual: domicile, served in state. If corp: registered agent + registered to do
rum get general biz in the state, state law allowing all registered in state to be under GPJ, "at home"
personal jurisdic- (always: incorporated or principal place of business)
tion over a defen-
dant?
3. How is process 1) personal service anywhere, 2) substituted service at usual place of abode, to
served on an in- someone of suitable age/discretion, who resides there, 3) service on agent in
dividual in the scope of agency, 4) state law methods (forum or location of service)
US?
4. How is process 1) delivery of summons+complaint to an oflcer, 2) state law methods (forum or
served on a busi- location of service)
ness or organiza-
tion in the US?
5. How is process Only by methods permitted by state of service
served on
a minor/incom-
petent the US?
6. How is process 1) International agreement, 2) if none & if method reasonably calculated to give
served on parties notice: as directed by US court, method allowed by foreign country, method di-
in a foreign coun- rected by foreign oflcial re: letter rogatory, (if permitted by foreign law) personal
try? service in foreign country or mail sent by US clerk requiring signed receipt
, CivPro - Multistate Bar Exam 2024-2025
Practice Guide
7. What is the Process: P requests by mailing D notice + request with complaint, 2 copies of
process to waive waiver form, & prepaid means of returning form. Then, D executes form & mails
service and what within 30 days (US) or 60 days (intl). Then, P files the waiver in court. Ettect: day
are its effects/ef- of P filing waiver = day D served, D does not waive any defenses, failure to return
fects of failure to causes D to pay costs of service (unless good cause)
waive?
8. What are 1) Complete diversity at time of case filed: b/w citizens of ditterent US states or
the require- b/w a citizen of a US state and a foreign citizen (incl. greencard holder, if not
ments for diver- domiciled in same state as other party), 2) amount in controversy exceeds $75k
sity/alienage cas-
es?
9. How does a 1) have physical presence in the new domicile, 2) intent to make that place their
natural person home for indefinite future (job, buying property, joining orgs, registering to vote,
change their qualifying for in-state benefits). Same for minor/incompetent.
domicile for
the purposes
of citizenship/di-
versity?
10. How is a cor- Corp: any state/country in which it is incorporated and ONE principal place of
poration's, LLC's, business (state from where corp's managers direct, coordinate, control biz activi-
and LLP's citizen- ties/nerve center, usually HQ). LLC: citizenship of all members. LLP: citizenship of
ship determined all general and limited partners.
for the purposes
of diversity?
11. How do you 1) 1 claim exceeding $75k claimed in good faith, 2) aggregate any and all claims
calculate the by 1 P against 1 D, even if unrelated, 3) if equitable relief, value of relief to P or
amount in con- cost of relief to D
troversy for the
, purpose of diver-
sity jurisdiction?
12. What are the ex- Divorce, alimony, child custody, probate
cluded cases for
diversity jurisdic-
tion?
13. What are the Well-pleaded complaint rule: P's claim must arise under federal law - not suflcient
requirements for that federal law is relevant/in complaint
federal question
jurisdiction?
14. What is the 1) D files notice of removal in federal court with grounds of removal, means of
process to re- federal SMJ, attachment of all docs served on D in state action, 2) D serves copy
move a case to of notice of removal to adverse parties, 3) D files copy of notice in state court, 4)
federal court? all Ds (if more) must join in removal by joining doc or filing separate notices.
15. What is the No later than 30 days after service of first paper showing that case is removable
time limit for re- (usually service of process shows). Earlier served Ds may benefit from removal
moval for initi- period of later joined Ds, if the later joined D initiates removal.
ating defendants
and joined defen-
dants?
16. What are the lim- Only applies to diversity cases! 1) In-state defendant rule: cannot be removed if
itations on re- any D is a citizen of the forum state, 2) cannot be removed more than 1 year
moval? after case filed in state court unless P purposely joined a D in bad faith to prevent
removal. Timeline does not attect 30 day timing requirement, e.g. if non-diverse
D dismissed from case- clock resets to remove.
17. To which fed- The federal court embracing the state court where the case was filed, regardless
eral court does of whether venue would have been proper under the venue statutes.
