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MBE Civil Procedure Multiple Choice Questions
and Correct Answers/ Latest Update / Already Graded
In order to satisfy federal question jurisdiction, the federal question must appear
in:
A The plaintiff's complaint
B Either the plaintiff's complaint or the defendant's answer
C Either the plaintiff's complaint or the defendant's answer or counterclaim
D Either the plaintiff's complaint or the defendant's answer, counterclaim, or
cross-claim
Ans: (FEDERAL QUESTION)
A.
The federal question must appear as part of the plaintiff's cause of action as set
out in a well-pleaded complaint. Federal question jurisdiction is not satisfied if the
federal question appears in the defendant's answer, counterclaim, or cross-claim.
When a plaintiff has both federal and state-based claims against a defendant and
diversity jurisdiction does not exist, the federal court has:
A Discretion to exercise supplemental (pendent) jurisdiction over the state law
claim, regardless of whether the two claims derive from a common nucleus of
operative fact
B No discretion to exercise supplemental (pendent) jurisdiction over the state
law claim; it must transfer all claims to state court
C Discretion to exercise supplemental (pendent) jurisdiction over the state law
claim if the two claims derive from a common nucleus of operative fact and are
© 2025/ 2026 | ® All rights reserved
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such that a plaintiff would ordinarily be expected to try them all in one judicial
proceeding
D No discretion to exercise supplemental (pendent) jurisdiction over the state
law claim; it must exercise such jurisdiction
Ans: (FEDERAL vs. STATE JURISDICTION)
A.
In some cases, the plaintiff will have both federal and state claims against the
defendant. Although there may be no diversity, the federal court has discretion to
exercise supplemental (pendent) jurisdiction over the claim based on state law if
the two claims are so related that they are part of the same case or controversy,
which essentially means that they derive from a common nucleus of operative fact
and are such that a plaintiff would ordinarily be expected to try them all in one
judicial proceeding. A federal court does not have discretion to exercise
jurisdiction if the claims are unrelated.
Which party or parties can exercise the right of removal?
A Only the plaintiff
B The plaintiff or the defendant
C The plaintiff, the defendant, or the court
D Only the defendant
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Ans: (REMOVAL)
D.
Only the defendant can exercise the right of removal. Under 28 U.S.C. section
1441(a), a defendant may remove to federal court an action that could have
originally been brought by the plaintiff in federal court. This means that if a federal
court would have had federal subject matter jurisdiction (e.g., federal question or
diversity jurisdiction) originally, the case may be removed to federal court. A
plaintiff cannot exercise the right of removal, even on the ground that a
counterclaim against him could have been brought independently in a federal
court. The court cannot remove a case on its own motion.
Federal jurisdiction based on diversity of citizenship is defined in terms of
"complete diversity," which means:
A Every party must be a citizen of a different state from every other party
B One plaintiff must be a citizen of a different state from one defendant
C No plaintiff may be a citizen of the same state as any defendant
D All plaintiffs must reside outside of the chosen venue
Ans: (SMJ- "complete diversity")
C.
For purposes of diversity of citizenship jurisdiction, complete diversity means that
no plaintiff may be a citizen of the same state as any defendant . Complete
diversity does not require complete diversity among all parties.
For purposes of diversity jurisdiction, a corporation is considered to be a citizen
of:
A The first state in which it was incorporated and the one state in which it has its
principal place of business
© 2025/ 2026 | ® All rights reserved
MBE Civil Procedure Multiple Choice Questions
and Correct Answers/ Latest Update / Already Graded
In order to satisfy federal question jurisdiction, the federal question must appear
in:
A The plaintiff's complaint
B Either the plaintiff's complaint or the defendant's answer
C Either the plaintiff's complaint or the defendant's answer or counterclaim
D Either the plaintiff's complaint or the defendant's answer, counterclaim, or
cross-claim
Ans: (FEDERAL QUESTION)
A.
The federal question must appear as part of the plaintiff's cause of action as set
out in a well-pleaded complaint. Federal question jurisdiction is not satisfied if the
federal question appears in the defendant's answer, counterclaim, or cross-claim.
When a plaintiff has both federal and state-based claims against a defendant and
diversity jurisdiction does not exist, the federal court has:
A Discretion to exercise supplemental (pendent) jurisdiction over the state law
claim, regardless of whether the two claims derive from a common nucleus of
operative fact
B No discretion to exercise supplemental (pendent) jurisdiction over the state
law claim; it must transfer all claims to state court
C Discretion to exercise supplemental (pendent) jurisdiction over the state law
claim if the two claims derive from a common nucleus of operative fact and are
© 2025/ 2026 | ® All rights reserved
, 2 | Page
such that a plaintiff would ordinarily be expected to try them all in one judicial
proceeding
D No discretion to exercise supplemental (pendent) jurisdiction over the state
law claim; it must exercise such jurisdiction
Ans: (FEDERAL vs. STATE JURISDICTION)
A.
In some cases, the plaintiff will have both federal and state claims against the
defendant. Although there may be no diversity, the federal court has discretion to
exercise supplemental (pendent) jurisdiction over the claim based on state law if
the two claims are so related that they are part of the same case or controversy,
which essentially means that they derive from a common nucleus of operative fact
and are such that a plaintiff would ordinarily be expected to try them all in one
judicial proceeding. A federal court does not have discretion to exercise
jurisdiction if the claims are unrelated.
Which party or parties can exercise the right of removal?
A Only the plaintiff
B The plaintiff or the defendant
C The plaintiff, the defendant, or the court
D Only the defendant
© 2025/ 2026 | ® All rights reserved
, 3 | Page
Ans: (REMOVAL)
D.
Only the defendant can exercise the right of removal. Under 28 U.S.C. section
1441(a), a defendant may remove to federal court an action that could have
originally been brought by the plaintiff in federal court. This means that if a federal
court would have had federal subject matter jurisdiction (e.g., federal question or
diversity jurisdiction) originally, the case may be removed to federal court. A
plaintiff cannot exercise the right of removal, even on the ground that a
counterclaim against him could have been brought independently in a federal
court. The court cannot remove a case on its own motion.
Federal jurisdiction based on diversity of citizenship is defined in terms of
"complete diversity," which means:
A Every party must be a citizen of a different state from every other party
B One plaintiff must be a citizen of a different state from one defendant
C No plaintiff may be a citizen of the same state as any defendant
D All plaintiffs must reside outside of the chosen venue
Ans: (SMJ- "complete diversity")
C.
For purposes of diversity of citizenship jurisdiction, complete diversity means that
no plaintiff may be a citizen of the same state as any defendant . Complete
diversity does not require complete diversity among all parties.
For purposes of diversity jurisdiction, a corporation is considered to be a citizen
of:
A The first state in which it was incorporated and the one state in which it has its
principal place of business
© 2025/ 2026 | ® All rights reserved
