Civil Procedure Exam – 2025/2026 Edition – Real Exam
Questions with 100% Verified Correct Answers
1. Subject Matter Jurisdiction
Question: A plaintiff from New York sues a defendant from California for $50,000
in federal court for breach of contract. The defendant moves to dismiss. How
should the court rule?
Your Answer: Deny the motion because the parties are from different states.
Correct Answer: Grant the motion because the amount in controversy does not
exceed $75,000.
Rationale: Diversity jurisdiction requires complete diversity of citizenship AND an
amount in controversy exceeding $75,000 (28 U.S.C. § 1332). Since the claim is for
exactly $50,000, the jurisdictional threshold is not met.
2. Personal Jurisdiction
Question: A Texas corporation sells products nationwide via a website. A
consumer in Maine suffers an injury from the product and sues the corporation in
Maine. The corporation has no offices or employees in Maine. Does the Maine
court have personal jurisdiction?
Your Answer: No, because the corporation does not have physical presence in
Maine.
Correct Answer: Yes, if the website is interactive and the corporation purposefully
directed its activities to Maine.
, Rationale: Under International Shoe and its progeny, specific personal jurisdiction
exists if the defendant has "minimum contacts" with the forum and the claim
arises out of those contacts. Operating an interactive website targeting the state
satisfies this (Zippo standard).
3. Venue
Question: A car accident occurs in Ohio. The plaintiff lives in Kentucky, and the
defendant lives in Indiana. Where is venue proper?
Your Answer: Only in Kentucky, because the plaintiff is there.
Correct Answer: In Ohio (where a substantial part of the events occurred), or
Indiana (where the defendant resides).
Rationale: Under 28 U.S.C. § 1391, venue is proper in (1) a judicial district where
any defendant resides, if all defendants reside in the same state, or (2) a district
where a substantial part of the events or omissions giving rise to the claim
occurred.
4. Service of Process
Question: A plaintiff's process server serves the defendant by leaving the
summons and complaint with the defendant's 17-year-old brother at the
defendant's residence. Is service valid?
Your Answer: No, because it was not served on the defendant personally.
Correct Answer: Yes, as long as it was left at the defendant's dwelling with a
person of suitable age and discretion residing there.
Rationale: FRCP 4(e)(2)(B) allows service by leaving a copy at the individual's
dwelling or usual place of abode with someone of suitable age and discretion
who resides there. A 17-year-old is generally considered of suitable age.
5. Pleading Standards (Twombly/Iqbal)
Question: A complaint states: "Defendant violated the antitrust laws." Does this
survive a motion to dismiss for failure to state a claim?
, Your Answer: Yes, notice pleading only requires a short and plain statement.
Correct Answer: No, because the complaint must plead "plausible" facts, not
mere legal conclusions.
Rationale: Bell Atlantic v. Twombly and Ashcroft v. Iqbal require the plaintiff to
plead factual content that allows the court to draw a reasonable inference that the
defendant is liable. Conclusory statements are insufficient.
6. Joinder of Claims
Question: Plaintiff sues Defendant for negligence regarding a car accident. Can
Plaintiff also bring a claim for breach of a separate contract in the same lawsuit?
Your Answer: No, because they are unrelated.
Correct Answer: Yes, under permissive joinder of claims.
Rationale: FRCP 18(a) allows a party to join as many claims as it has against an
opposing party, regardless of whether they are related.
7. Class Action Requirements
Question: To certify a class action, which of the following is NOT a requirement
under FRCP 23(a)?
Your Answer: Adequacy of representation.
Correct Answer: Preponderance of the evidence.
Rationale: The prerequisites are Numerosity, Commonality, Typicality, and
Adequacy (Representation). "Preponderance of the evidence" is a burden of proof,
not a class certification requirement.
8. Discovery: Work Product Doctrine
Question: A plaintiff requests a memo written by the defendant's in-house
counsel analyzing the strengths and weaknesses of the case. Is the memo
discoverable?
Your Answer: Yes, because it is relevant to the litigation.
Correct Answer: No, it is protected by the work-product doctrine.
, Rationale: The work-product doctrine protects documents and tangible things
prepared in anticipation of litigation by or for a party or its representative. It
protects the attorney's mental impressions, conclusions, opinions, and legal
theories.
9. Discovery: Attorney-Client Privilege
Question: A client tells their lawyer, "I hid the murder weapon in the lake." The
lawyer does not disclose it. Is this protected?
Your Answer: No, because it involves a future crime.
Correct Answer: Yes, because the crime is past; the privilege applies.
Rationale: The attorney-client privilege protects confidential communications for
the purpose of legal advice. The crime-fraud exception applies only to future
crimes or frauds, not past acts.
10. Summary Judgment
Question: At summary judgment, the moving party must show that there is
"some evidence" to support their claim.
Your Answer: True.
Correct Answer: False. The moving party must show there is "no genuine dispute
as to any material fact" and they are entitled to judgment as a matter of law.
Rationale: Summary judgment is a drastic remedy. The standard is high; the
evidence must be so one-sided that a reasonable jury could not find for the non-
moving party.
11. Motions in Limine
Question: When is a motion in limine typically filed?
Your Answer: During the appeal process.
Correct Answer: Before or during trial, to exclude prejudicial evidence.
Questions with 100% Verified Correct Answers
1. Subject Matter Jurisdiction
Question: A plaintiff from New York sues a defendant from California for $50,000
in federal court for breach of contract. The defendant moves to dismiss. How
should the court rule?
Your Answer: Deny the motion because the parties are from different states.
Correct Answer: Grant the motion because the amount in controversy does not
exceed $75,000.
Rationale: Diversity jurisdiction requires complete diversity of citizenship AND an
amount in controversy exceeding $75,000 (28 U.S.C. § 1332). Since the claim is for
exactly $50,000, the jurisdictional threshold is not met.
2. Personal Jurisdiction
Question: A Texas corporation sells products nationwide via a website. A
consumer in Maine suffers an injury from the product and sues the corporation in
Maine. The corporation has no offices or employees in Maine. Does the Maine
court have personal jurisdiction?
Your Answer: No, because the corporation does not have physical presence in
Maine.
Correct Answer: Yes, if the website is interactive and the corporation purposefully
directed its activities to Maine.
, Rationale: Under International Shoe and its progeny, specific personal jurisdiction
exists if the defendant has "minimum contacts" with the forum and the claim
arises out of those contacts. Operating an interactive website targeting the state
satisfies this (Zippo standard).
3. Venue
Question: A car accident occurs in Ohio. The plaintiff lives in Kentucky, and the
defendant lives in Indiana. Where is venue proper?
Your Answer: Only in Kentucky, because the plaintiff is there.
Correct Answer: In Ohio (where a substantial part of the events occurred), or
Indiana (where the defendant resides).
Rationale: Under 28 U.S.C. § 1391, venue is proper in (1) a judicial district where
any defendant resides, if all defendants reside in the same state, or (2) a district
where a substantial part of the events or omissions giving rise to the claim
occurred.
4. Service of Process
Question: A plaintiff's process server serves the defendant by leaving the
summons and complaint with the defendant's 17-year-old brother at the
defendant's residence. Is service valid?
Your Answer: No, because it was not served on the defendant personally.
Correct Answer: Yes, as long as it was left at the defendant's dwelling with a
person of suitable age and discretion residing there.
Rationale: FRCP 4(e)(2)(B) allows service by leaving a copy at the individual's
dwelling or usual place of abode with someone of suitable age and discretion
who resides there. A 17-year-old is generally considered of suitable age.
5. Pleading Standards (Twombly/Iqbal)
Question: A complaint states: "Defendant violated the antitrust laws." Does this
survive a motion to dismiss for failure to state a claim?
, Your Answer: Yes, notice pleading only requires a short and plain statement.
Correct Answer: No, because the complaint must plead "plausible" facts, not
mere legal conclusions.
Rationale: Bell Atlantic v. Twombly and Ashcroft v. Iqbal require the plaintiff to
plead factual content that allows the court to draw a reasonable inference that the
defendant is liable. Conclusory statements are insufficient.
6. Joinder of Claims
Question: Plaintiff sues Defendant for negligence regarding a car accident. Can
Plaintiff also bring a claim for breach of a separate contract in the same lawsuit?
Your Answer: No, because they are unrelated.
Correct Answer: Yes, under permissive joinder of claims.
Rationale: FRCP 18(a) allows a party to join as many claims as it has against an
opposing party, regardless of whether they are related.
7. Class Action Requirements
Question: To certify a class action, which of the following is NOT a requirement
under FRCP 23(a)?
Your Answer: Adequacy of representation.
Correct Answer: Preponderance of the evidence.
Rationale: The prerequisites are Numerosity, Commonality, Typicality, and
Adequacy (Representation). "Preponderance of the evidence" is a burden of proof,
not a class certification requirement.
8. Discovery: Work Product Doctrine
Question: A plaintiff requests a memo written by the defendant's in-house
counsel analyzing the strengths and weaknesses of the case. Is the memo
discoverable?
Your Answer: Yes, because it is relevant to the litigation.
Correct Answer: No, it is protected by the work-product doctrine.
, Rationale: The work-product doctrine protects documents and tangible things
prepared in anticipation of litigation by or for a party or its representative. It
protects the attorney's mental impressions, conclusions, opinions, and legal
theories.
9. Discovery: Attorney-Client Privilege
Question: A client tells their lawyer, "I hid the murder weapon in the lake." The
lawyer does not disclose it. Is this protected?
Your Answer: No, because it involves a future crime.
Correct Answer: Yes, because the crime is past; the privilege applies.
Rationale: The attorney-client privilege protects confidential communications for
the purpose of legal advice. The crime-fraud exception applies only to future
crimes or frauds, not past acts.
10. Summary Judgment
Question: At summary judgment, the moving party must show that there is
"some evidence" to support their claim.
Your Answer: True.
Correct Answer: False. The moving party must show there is "no genuine dispute
as to any material fact" and they are entitled to judgment as a matter of law.
Rationale: Summary judgment is a drastic remedy. The standard is high; the
evidence must be so one-sided that a reasonable jury could not find for the non-
moving party.
11. Motions in Limine
Question: When is a motion in limine typically filed?
Your Answer: During the appeal process.
Correct Answer: Before or during trial, to exclude prejudicial evidence.
