MBE: Civil Procedure (Themis) Exam-
Graded A
Which of the following statements regarding the subject matter jurisdiction of federal
courts is FALSE?
A. Federal courts have limited subject matter jurisdiction.
B. The plaintiff must affirmatively plead the basis for the federal court's subject matter
jurisdiction.
C. Any party can challenge the court's lack of subject matter jurisdiction at any time.
D. The defendant can waive the federal court's lack of subject matter jurisdiction. -
ANSWER-D. The defendant can waive the federal court's lack of subject matter
jurisdiction.
Which of the following is FALSE regarding federal question jurisdiction?
A. Federal question jurisdiction exists only for claims that arise under federal law.
B. A defendant's counterclaim can bring a case within the court's federal question
jurisdiction.
C. Only the plaintiff's claim counts toward determining federal question jurisdiction.
D. The well-pleaded complaint rule requires that the plaintiff's claim be based on federal
law and appear on the face of the complaint. - ANSWER-B. A defendant's counterclaim
can bring a case within the court's federal question jurisdiction.
Regarding the jurisdictional amount for actions based on diversity jurisdiction, which of
the following is FALSE?
A. The plaintiff must establish the jurisdictional amount to a legal certainty.
B. The amount in controversy must exceed $75,000, excluding interest and costs.
C. A plaintiff may aggregate all claims against one defendant in determining whether the
jurisdictional amount is met.
D. A plaintiff generally may not aggregate all claims against multiple defendants in
determining whether the jurisdictional amount is met. - ANSWER-A. The plaintiff must
establish the jurisdictional amount to a legal certainty.
For complete diversity to exist, which of the following must be TRUE?
A. All parties are citizens of different states
B. All plaintiffs are citizens of different states
C. All defendants are citizens of different states
,D. No defendant is a citizen of the same state as any plaintiff - ANSWER-D. No
defendant is a citizen of the same state as any plaintiff
Which of the following statements regarding diversity jurisdiction is FALSE?
A. Claims brought under the Federal Interpleader Act only require minimal diversity.
B. A corporation is a citizen of each state in which it is incorporated and of the state
where it has its principal place of business.
C. Diversity is determined at the time the cause of action arose.
D. Actions that may destroy diversity are permitted so long as they are not a "sham." -
ANSWER-C. Diversity is determined at the time the cause of action arose.
Which of the following statements regarding diversity jurisdiction is FALSE?
A. A person can have more than one legal domicile at a time for purposes of jurisdiction.
B. A citizen of a foreign county who has been admitted to the U.S. as a permanent
resident is treated as a citizen of their state of domicile.
C. Diversity jurisdiction exists for controversies between a citizen of a state and a citizen
of a foreign country.
D. A corporation can be a citizen of the state, states, or foreign country in which it is
incorporated. - ANSWER-A. A person can have more than one legal domicile at a time
for purposes of jurisdiction.
Regarding the citizenship of representative parties, which of the following is FALSE?
A. Generally, the citizenship of the representative controls.
B. The citizenship of the decedent controls for litigation involving a decedent's estate.
C. For the legal representative (guardian) for a minor/infant, the citizenship of the
guardian controls.
D. For the legal representative (guardian) for an incompetent person, the citizenship of
the incompetent person controls. - ANSWER-C. For the legal representative (guardian)
for a minor/infant, the citizenship of the guardian controls.
FILL IN THE BLANKS. Removal is the procedure by which a case brought in
________________ court is shifted to ___________________ court.
A. state; federal
B. state; another state
C. federal; state
D. federal; another federal court - ANSWER-A. state; federal
Regarding complaints, which of the following is FALSE?
A. The plaintiff's recovery is generally limited to the claim for relief made in the
complaint.
, B. A complaint must include a demand for judgment for the relief sought.
C. A complaint must include a short and plain statement of the court's subject matter
jurisdiction.
D. The federal rules require only notice pleading in most cases. - ANSWER-A. The
plaintiff's recovery is generally limited to the claim for relief made in the complaint.
Which of the following claims or demands do NOT require special pleading with
particularity?
A. Special damages
B. Fraud
C. Nominal damages
D. Mistake - ANSWER-C. Nominal damages
FILL IN THE BLANKS. When deciding a motion to dismiss for failure to state a claim,
the court engages in a two-step inquiry: (1) identify allegations that are
____________________, and (2) ask whether remaining allegations make a
______________________ case for recovery.
A. plausible; conclusory
B. conclusory; persuasive
C. supported by evidence; persuasive
D. conclusory; plausible - ANSWER-D. conclusory; plausible
Which of the following CANNOT be waived by the defendant?
A. Lack of subject matter jurisdiction
B. Improper venue
C. Failure to state a claim upon which relief can be granted
D. Lack of personal jurisdiction - ANSWER-A. Lack of subject matter jurisdiction
Regarding an answer, which of the following is TRUE?
A. An answer generally must be filed within one week of service of the complaint.
B. A failure to respond to an allegation in the complaint is treated as a denial.
C. A counterclaim must be separately pleaded; it cannot be contained in the answer.
D. Affirmative defenses must be pleaded in the answer. - ANSWER-D. Affirmative
defenses must be pleaded in the answer.
FILL IN THE BLANKS. An amendment to a pleading may be made _________ as a
matter of right. When leave of the court must be sought, leave should be _________
granted.
A. once; sparingly
B. once; freely
C. at any time before trial; sparingly
Graded A
Which of the following statements regarding the subject matter jurisdiction of federal
courts is FALSE?
A. Federal courts have limited subject matter jurisdiction.
B. The plaintiff must affirmatively plead the basis for the federal court's subject matter
jurisdiction.
C. Any party can challenge the court's lack of subject matter jurisdiction at any time.
D. The defendant can waive the federal court's lack of subject matter jurisdiction. -
ANSWER-D. The defendant can waive the federal court's lack of subject matter
jurisdiction.
Which of the following is FALSE regarding federal question jurisdiction?
A. Federal question jurisdiction exists only for claims that arise under federal law.
B. A defendant's counterclaim can bring a case within the court's federal question
jurisdiction.
C. Only the plaintiff's claim counts toward determining federal question jurisdiction.
D. The well-pleaded complaint rule requires that the plaintiff's claim be based on federal
law and appear on the face of the complaint. - ANSWER-B. A defendant's counterclaim
can bring a case within the court's federal question jurisdiction.
Regarding the jurisdictional amount for actions based on diversity jurisdiction, which of
the following is FALSE?
A. The plaintiff must establish the jurisdictional amount to a legal certainty.
B. The amount in controversy must exceed $75,000, excluding interest and costs.
C. A plaintiff may aggregate all claims against one defendant in determining whether the
jurisdictional amount is met.
D. A plaintiff generally may not aggregate all claims against multiple defendants in
determining whether the jurisdictional amount is met. - ANSWER-A. The plaintiff must
establish the jurisdictional amount to a legal certainty.
For complete diversity to exist, which of the following must be TRUE?
A. All parties are citizens of different states
B. All plaintiffs are citizens of different states
C. All defendants are citizens of different states
,D. No defendant is a citizen of the same state as any plaintiff - ANSWER-D. No
defendant is a citizen of the same state as any plaintiff
Which of the following statements regarding diversity jurisdiction is FALSE?
A. Claims brought under the Federal Interpleader Act only require minimal diversity.
B. A corporation is a citizen of each state in which it is incorporated and of the state
where it has its principal place of business.
C. Diversity is determined at the time the cause of action arose.
D. Actions that may destroy diversity are permitted so long as they are not a "sham." -
ANSWER-C. Diversity is determined at the time the cause of action arose.
Which of the following statements regarding diversity jurisdiction is FALSE?
A. A person can have more than one legal domicile at a time for purposes of jurisdiction.
B. A citizen of a foreign county who has been admitted to the U.S. as a permanent
resident is treated as a citizen of their state of domicile.
C. Diversity jurisdiction exists for controversies between a citizen of a state and a citizen
of a foreign country.
D. A corporation can be a citizen of the state, states, or foreign country in which it is
incorporated. - ANSWER-A. A person can have more than one legal domicile at a time
for purposes of jurisdiction.
Regarding the citizenship of representative parties, which of the following is FALSE?
A. Generally, the citizenship of the representative controls.
B. The citizenship of the decedent controls for litigation involving a decedent's estate.
C. For the legal representative (guardian) for a minor/infant, the citizenship of the
guardian controls.
D. For the legal representative (guardian) for an incompetent person, the citizenship of
the incompetent person controls. - ANSWER-C. For the legal representative (guardian)
for a minor/infant, the citizenship of the guardian controls.
FILL IN THE BLANKS. Removal is the procedure by which a case brought in
________________ court is shifted to ___________________ court.
A. state; federal
B. state; another state
C. federal; state
D. federal; another federal court - ANSWER-A. state; federal
Regarding complaints, which of the following is FALSE?
A. The plaintiff's recovery is generally limited to the claim for relief made in the
complaint.
, B. A complaint must include a demand for judgment for the relief sought.
C. A complaint must include a short and plain statement of the court's subject matter
jurisdiction.
D. The federal rules require only notice pleading in most cases. - ANSWER-A. The
plaintiff's recovery is generally limited to the claim for relief made in the complaint.
Which of the following claims or demands do NOT require special pleading with
particularity?
A. Special damages
B. Fraud
C. Nominal damages
D. Mistake - ANSWER-C. Nominal damages
FILL IN THE BLANKS. When deciding a motion to dismiss for failure to state a claim,
the court engages in a two-step inquiry: (1) identify allegations that are
____________________, and (2) ask whether remaining allegations make a
______________________ case for recovery.
A. plausible; conclusory
B. conclusory; persuasive
C. supported by evidence; persuasive
D. conclusory; plausible - ANSWER-D. conclusory; plausible
Which of the following CANNOT be waived by the defendant?
A. Lack of subject matter jurisdiction
B. Improper venue
C. Failure to state a claim upon which relief can be granted
D. Lack of personal jurisdiction - ANSWER-A. Lack of subject matter jurisdiction
Regarding an answer, which of the following is TRUE?
A. An answer generally must be filed within one week of service of the complaint.
B. A failure to respond to an allegation in the complaint is treated as a denial.
C. A counterclaim must be separately pleaded; it cannot be contained in the answer.
D. Affirmative defenses must be pleaded in the answer. - ANSWER-D. Affirmative
defenses must be pleaded in the answer.
FILL IN THE BLANKS. An amendment to a pleading may be made _________ as a
matter of right. When leave of the court must be sought, leave should be _________
granted.
A. once; sparingly
B. once; freely
C. at any time before trial; sparingly
