Texas Multistate Bar Examination
Questions And Correct Answers
(Verified Answers) Plus Rationales
2026 Q&A | Instant Download Pdf
1. A Texas plaintiff files a federal diversity action against a defendant
who is domiciled in California. The plaintiff seeks $100,000 in
damages. The defendant is properly served while temporarily
visiting Texas. The defendant moves to dismiss for lack of personal
jurisdiction. Which is the strongest basis for exercising personal
jurisdiction?
A. The defendant's citizenship in California
B. The defendant's temporary physical presence in Texas when served
C. The plaintiff's domicile in Texas
D. The amount in controversy
Answer: B. The defendant's temporary physical presence in Texas
when served
Rationale: A defendant who is physically present in the forum state and
personally served there generally is subject to personal jurisdiction
under the traditional transient-presence rule. The defendant need not
be domiciled in the forum.
2. A plaintiff files a federal diversity action against a defendant. The
plaintiff is a citizen of Texas, and the defendant is a citizen of
Oklahoma. The complaint seeks $60,000 for breach of contract.
The defendant moves to dismiss for lack of subject-matter
jurisdiction. What should the court do?
,A. Grant the motion because the parties are citizens of different states
B. Grant the motion because the amount in controversy is insufficient
C. Deny the motion because any contract claim creates federal
jurisdiction
D. Deny the motion because diversity jurisdiction has no amount
requirement
Answer: B. Grant the motion because the amount in controversy is
insufficient
Rationale: Diversity jurisdiction requires complete diversity and an
amount in controversy exceeding $75,000, exclusive of interest and
costs. Because the claim is only $60,000, diversity jurisdiction does not
exist.
3. A plaintiff files a federal diversity action in a district where the
defendant resides, but none of the events giving rise to the claim
occurred there. The plaintiff asks to transfer the case to another
federal district where all relevant events occurred and where all
witnesses reside. Which standard applies?
A. The case must be transferred automatically
B. Transfer is permissible for convenience and the interests of justice
C. Transfer is prohibited unless both parties consent
D. Transfer is available only when subject-matter jurisdiction is lacking
Answer: B. Transfer is permissible for convenience and the interests
of justice
Rationale: A federal court may transfer a civil action to another district
in which the action could originally have been brought when
convenience of parties and witnesses and the interests of justice favor
transfer.
, 4. A federal court has diversity jurisdiction over a lawsuit. The
plaintiff asserts a state-law negligence claim and a related state-law
claim arising from the same accident against the same defendant.
The additional claim independently satisfies neither diversity nor
federal-question jurisdiction. May the court hear it?
A. No, because federal courts cannot hear state-law claims
B. No, because every claim must independently satisfy jurisdictional
requirements
C. Yes, if the claims form part of the same constitutional case or
controversy
D. Yes, but only if the defendant waives objection
Answer: C. Yes, if the claims form part of the same constitutional
case or controversy
Rationale: Supplemental jurisdiction permits federal courts to hear
additional claims arising from the same nucleus of operative fact as a
claim within original federal jurisdiction, subject to statutory
limitations.
5. A defendant receives a complaint but believes it fails to state a
legally sufficient claim. Which motion is most appropriate?
A. Rule 12(b)(6) motion
B. Rule 50 motion
C. Motion for judgment notwithstanding the verdict
D. Motion for directed verdict
Answer: A. Rule 12(b)(6) motion
Rationale: A Rule 12(b)(6) motion challenges the legal sufficiency of
the complaint and asks whether, assuming the well-pleaded factual
, allegations are true, the plaintiff has stated a claim upon which relief
can be granted.
6. During discovery, a party refuses to produce documents that are
relevant and within the scope of permissible discovery. The
opposing party moves to compel. The court orders production, but
the resisting party continues to refuse. What may the court impose?
A. Criminal liability automatically
B. Discovery sanctions, potentially including contempt
C. Automatic dismissal of the entire federal court system
D. Mandatory transfer to state court
Answer: B. Discovery sanctions, potentially including contempt
Rationale: A party that violates a discovery order may face sanctions,
including monetary sanctions and, in appropriate circumstances,
contempt or case-dispositive sanctions.
7. A federal diversity case is tried to a jury. After the plaintiff presents
evidence, the defendant argues that no reasonable jury could find
for the plaintiff. What motion may the defendant make?
A. Rule 12(b)(6) motion
B. Motion for judgment as a matter of law
C. Motion for summary judgment
D. Motion for remand
Answer: B. Motion for judgment as a matter of law
Rationale: After a party has been fully heard on an issue, the opposing
party may seek judgment as a matter of law when the evidence is
legally insufficient for a reasonable jury to find for the opposing party.
8. A plaintiff obtains a final federal judgment against a defendant.
The plaintiff then files a second action arising from the same
Questions And Correct Answers
(Verified Answers) Plus Rationales
2026 Q&A | Instant Download Pdf
1. A Texas plaintiff files a federal diversity action against a defendant
who is domiciled in California. The plaintiff seeks $100,000 in
damages. The defendant is properly served while temporarily
visiting Texas. The defendant moves to dismiss for lack of personal
jurisdiction. Which is the strongest basis for exercising personal
jurisdiction?
A. The defendant's citizenship in California
B. The defendant's temporary physical presence in Texas when served
C. The plaintiff's domicile in Texas
D. The amount in controversy
Answer: B. The defendant's temporary physical presence in Texas
when served
Rationale: A defendant who is physically present in the forum state and
personally served there generally is subject to personal jurisdiction
under the traditional transient-presence rule. The defendant need not
be domiciled in the forum.
2. A plaintiff files a federal diversity action against a defendant. The
plaintiff is a citizen of Texas, and the defendant is a citizen of
Oklahoma. The complaint seeks $60,000 for breach of contract.
The defendant moves to dismiss for lack of subject-matter
jurisdiction. What should the court do?
,A. Grant the motion because the parties are citizens of different states
B. Grant the motion because the amount in controversy is insufficient
C. Deny the motion because any contract claim creates federal
jurisdiction
D. Deny the motion because diversity jurisdiction has no amount
requirement
Answer: B. Grant the motion because the amount in controversy is
insufficient
Rationale: Diversity jurisdiction requires complete diversity and an
amount in controversy exceeding $75,000, exclusive of interest and
costs. Because the claim is only $60,000, diversity jurisdiction does not
exist.
3. A plaintiff files a federal diversity action in a district where the
defendant resides, but none of the events giving rise to the claim
occurred there. The plaintiff asks to transfer the case to another
federal district where all relevant events occurred and where all
witnesses reside. Which standard applies?
A. The case must be transferred automatically
B. Transfer is permissible for convenience and the interests of justice
C. Transfer is prohibited unless both parties consent
D. Transfer is available only when subject-matter jurisdiction is lacking
Answer: B. Transfer is permissible for convenience and the interests
of justice
Rationale: A federal court may transfer a civil action to another district
in which the action could originally have been brought when
convenience of parties and witnesses and the interests of justice favor
transfer.
, 4. A federal court has diversity jurisdiction over a lawsuit. The
plaintiff asserts a state-law negligence claim and a related state-law
claim arising from the same accident against the same defendant.
The additional claim independently satisfies neither diversity nor
federal-question jurisdiction. May the court hear it?
A. No, because federal courts cannot hear state-law claims
B. No, because every claim must independently satisfy jurisdictional
requirements
C. Yes, if the claims form part of the same constitutional case or
controversy
D. Yes, but only if the defendant waives objection
Answer: C. Yes, if the claims form part of the same constitutional
case or controversy
Rationale: Supplemental jurisdiction permits federal courts to hear
additional claims arising from the same nucleus of operative fact as a
claim within original federal jurisdiction, subject to statutory
limitations.
5. A defendant receives a complaint but believes it fails to state a
legally sufficient claim. Which motion is most appropriate?
A. Rule 12(b)(6) motion
B. Rule 50 motion
C. Motion for judgment notwithstanding the verdict
D. Motion for directed verdict
Answer: A. Rule 12(b)(6) motion
Rationale: A Rule 12(b)(6) motion challenges the legal sufficiency of
the complaint and asks whether, assuming the well-pleaded factual
, allegations are true, the plaintiff has stated a claim upon which relief
can be granted.
6. During discovery, a party refuses to produce documents that are
relevant and within the scope of permissible discovery. The
opposing party moves to compel. The court orders production, but
the resisting party continues to refuse. What may the court impose?
A. Criminal liability automatically
B. Discovery sanctions, potentially including contempt
C. Automatic dismissal of the entire federal court system
D. Mandatory transfer to state court
Answer: B. Discovery sanctions, potentially including contempt
Rationale: A party that violates a discovery order may face sanctions,
including monetary sanctions and, in appropriate circumstances,
contempt or case-dispositive sanctions.
7. A federal diversity case is tried to a jury. After the plaintiff presents
evidence, the defendant argues that no reasonable jury could find
for the plaintiff. What motion may the defendant make?
A. Rule 12(b)(6) motion
B. Motion for judgment as a matter of law
C. Motion for summary judgment
D. Motion for remand
Answer: B. Motion for judgment as a matter of law
Rationale: After a party has been fully heard on an issue, the opposing
party may seek judgment as a matter of law when the evidence is
legally insufficient for a reasonable jury to find for the opposing party.
8. A plaintiff obtains a final federal judgment against a defendant.
The plaintiff then files a second action arising from the same
