MBE - Civil Procedure Exam
Subject Matter Jurisdiction - answer As a court of limited jurisdiction, a federal court can
only hear cases over which it has subject matter jurisdiction.
Subject matter jurisdiction may be satisfied by
(A) Federal question jurisdiction;
(B) Diversity jurisdiction; OR
(C) Supplemental jurisdiction
-Plaintiff's state law claims, cross-claims between defendants, counterclaims by
defendant against plaintiff
-Not available for joinder of defendants
Subject Matter Jurisdiction - Waiver - answer Subject matter jurisdiction cannot be
waived.
It may be raised at any time, even on appeal.
Subject Matter Jurisdiction - Federal Question Jurisdiction - answer Federal question
jurisdiction exists where the plaintiff seeks the enforcement of a federal right on the face
of a "well-pleaded" complaint.
The claim (not defense) must arise under either federal law, the federal Constitution, or
U.S. treaties. Bankruptcy, securities, and copyright law are exclusively federal
questions.
Subject Matter Jurisdiction - Federal Question Jurisdiction - State Law Claim - answerA
state law claim may present a federal question if the complaint raises a real and
substantial issue of federal law, and the outcome necessarily depends on resolving this
federal issue.
Subject Matter Jurisdiction - Diversity Jurisdiction - Elements - answerDiversity of
citizenship jurisdiction exists when, at the time the action is commenced, there is
(1) Complete diversity of citizenship (domicile) between all plaintiffs and defendants
-People: residence+intent to remain
-Corporation: nerve center, state of incorporation (and *state of insured* person, only *if
direct action*
-Executor/administrator: decedent's domicile
-Partnership: all members' domiciles, *regardless if limited/general*
,(2) Amount in controversy exceeds $75,000
-Based on good faith allegation in complaint, unless legally certain it cannot be
recovered
Subject Matter Jurisdiction - Diversity Jurisdiction - Change in Citizenship -
answerSubject matter jurisdiction is based on the facts regarding citizenship on the day
that the lawsuit is commenced.
Changes in a party's citizenship post-commencement do not affect the court's
jurisdiction unless the suggest the party acted in bad faith.
Neither the mere fact of changing domicile after filing, nor the failure to tell the court
about it after, indicates bad faith.
Subject Matter Jurisdiction - Diversity Jurisdiction - Creation of Diversity -
answerDiversity jurisdiction cannot be created through the collusive assignment of a
claim to invoke the jurisdiction of such a federal court.
Courts are likely to find a collusive assignment where the assignee functions are a
collection agent for the assignor.
Subject Matter Jurisdiction - Diversity Jurisdiction - Multiparty, Multiforum Trial
Jurisdiction Act of 2002 - answerUnder the Multiparty, Multiforum Trial Jurisdiction Act
of 2002, only one plaintiff need be of diverse citizenship from one defendant for a
federal court to have diversity jurisdiction, if
(1) Civil action arises from a single accident,
(2) At least 75 natural persons have died in the accident at a discrete location
(3) A defendant resides in a state and a substantial part of the accident took place in
another state or other location
(4) Substantial majority of plaintiffs do not reside in the same state
Subject Matter Jurisdiction - Diversity Jurisdiction - Amount in Controversy - answer(A)
Aggregate amount of claims against one defendant;
(B) Aggregate amount of claims from enforcing single title or right in which multiple
plaintiffs have a common or undivided interest, such as tenants-in-common;
(C) Aggregate amount of claims against joint and several tortfeasor defendants; OR
(D) If relief sought is an injunction, based on burden of compliance to defendant or
benefit to plaintiff
, Subject Matter Jurisdiction - Supplemental Jurisdiction - Elements - answerIf a federal
court has subject matter jurisdiction over some claims, it may exercise supplemental
jurisdiction over additional claims when they arise under
(1) Same transaction or occurrence as main claim
-Common nucleus of operative fact
[(2) If diversity jurisdiction is basis for main claim, would not otherwise defeat diversity]
No domestic relations cases allowed!
Subject Matter Jurisdiction - Supplemental Jurisdiction - Availability - answer(A)
Compulsory counterclaims;
-Including additional parties
(B) Impleader of third-party by defendant; OR
-Not where plaintiff sues third-party and basis for original claim is diversity jurisdiction
(C) Permissive joinder under Rule 20
-(P1 (A) sues D1 (C) for $80,000. P2 (B) can join the suit against D under supplemental
jurisdiction, even if her claim does not satisfy the amount in controversy requirement.
She cannot defeat diversity, though. However, if P1 sought to join D2 (D) to the action,
the claim requires an independent jurisdictional basis."
-*unless plaintiff sues Rule 20 defendant*
Subject Matter Jurisdiction - Supplemental Jurisdiction - Exceptions - answerA federal
court may decline to exercise supplemental jurisdiction over state claims when
(A) Raises novel or complex issues of state law;
(B) Supplemental claim dominates main claim; OR
(C) Court dismisses the original claim
Removal - Elements - answerA defendant may remove a case to a federal court in the
state where the claim was filed if
(1) Federal court would have subject matter jurisdiction if action had been initially
brought there
(2) All defendants agree
(3) Within 30 days of either service of Summons or initial pleading (whichever shortest)
[(4) If diversity jurisdiction, no defendant resides in the forum state]
Subject Matter Jurisdiction - answer As a court of limited jurisdiction, a federal court can
only hear cases over which it has subject matter jurisdiction.
Subject matter jurisdiction may be satisfied by
(A) Federal question jurisdiction;
(B) Diversity jurisdiction; OR
(C) Supplemental jurisdiction
-Plaintiff's state law claims, cross-claims between defendants, counterclaims by
defendant against plaintiff
-Not available for joinder of defendants
Subject Matter Jurisdiction - Waiver - answer Subject matter jurisdiction cannot be
waived.
It may be raised at any time, even on appeal.
Subject Matter Jurisdiction - Federal Question Jurisdiction - answer Federal question
jurisdiction exists where the plaintiff seeks the enforcement of a federal right on the face
of a "well-pleaded" complaint.
The claim (not defense) must arise under either federal law, the federal Constitution, or
U.S. treaties. Bankruptcy, securities, and copyright law are exclusively federal
questions.
Subject Matter Jurisdiction - Federal Question Jurisdiction - State Law Claim - answerA
state law claim may present a federal question if the complaint raises a real and
substantial issue of federal law, and the outcome necessarily depends on resolving this
federal issue.
Subject Matter Jurisdiction - Diversity Jurisdiction - Elements - answerDiversity of
citizenship jurisdiction exists when, at the time the action is commenced, there is
(1) Complete diversity of citizenship (domicile) between all plaintiffs and defendants
-People: residence+intent to remain
-Corporation: nerve center, state of incorporation (and *state of insured* person, only *if
direct action*
-Executor/administrator: decedent's domicile
-Partnership: all members' domiciles, *regardless if limited/general*
,(2) Amount in controversy exceeds $75,000
-Based on good faith allegation in complaint, unless legally certain it cannot be
recovered
Subject Matter Jurisdiction - Diversity Jurisdiction - Change in Citizenship -
answerSubject matter jurisdiction is based on the facts regarding citizenship on the day
that the lawsuit is commenced.
Changes in a party's citizenship post-commencement do not affect the court's
jurisdiction unless the suggest the party acted in bad faith.
Neither the mere fact of changing domicile after filing, nor the failure to tell the court
about it after, indicates bad faith.
Subject Matter Jurisdiction - Diversity Jurisdiction - Creation of Diversity -
answerDiversity jurisdiction cannot be created through the collusive assignment of a
claim to invoke the jurisdiction of such a federal court.
Courts are likely to find a collusive assignment where the assignee functions are a
collection agent for the assignor.
Subject Matter Jurisdiction - Diversity Jurisdiction - Multiparty, Multiforum Trial
Jurisdiction Act of 2002 - answerUnder the Multiparty, Multiforum Trial Jurisdiction Act
of 2002, only one plaintiff need be of diverse citizenship from one defendant for a
federal court to have diversity jurisdiction, if
(1) Civil action arises from a single accident,
(2) At least 75 natural persons have died in the accident at a discrete location
(3) A defendant resides in a state and a substantial part of the accident took place in
another state or other location
(4) Substantial majority of plaintiffs do not reside in the same state
Subject Matter Jurisdiction - Diversity Jurisdiction - Amount in Controversy - answer(A)
Aggregate amount of claims against one defendant;
(B) Aggregate amount of claims from enforcing single title or right in which multiple
plaintiffs have a common or undivided interest, such as tenants-in-common;
(C) Aggregate amount of claims against joint and several tortfeasor defendants; OR
(D) If relief sought is an injunction, based on burden of compliance to defendant or
benefit to plaintiff
, Subject Matter Jurisdiction - Supplemental Jurisdiction - Elements - answerIf a federal
court has subject matter jurisdiction over some claims, it may exercise supplemental
jurisdiction over additional claims when they arise under
(1) Same transaction or occurrence as main claim
-Common nucleus of operative fact
[(2) If diversity jurisdiction is basis for main claim, would not otherwise defeat diversity]
No domestic relations cases allowed!
Subject Matter Jurisdiction - Supplemental Jurisdiction - Availability - answer(A)
Compulsory counterclaims;
-Including additional parties
(B) Impleader of third-party by defendant; OR
-Not where plaintiff sues third-party and basis for original claim is diversity jurisdiction
(C) Permissive joinder under Rule 20
-(P1 (A) sues D1 (C) for $80,000. P2 (B) can join the suit against D under supplemental
jurisdiction, even if her claim does not satisfy the amount in controversy requirement.
She cannot defeat diversity, though. However, if P1 sought to join D2 (D) to the action,
the claim requires an independent jurisdictional basis."
-*unless plaintiff sues Rule 20 defendant*
Subject Matter Jurisdiction - Supplemental Jurisdiction - Exceptions - answerA federal
court may decline to exercise supplemental jurisdiction over state claims when
(A) Raises novel or complex issues of state law;
(B) Supplemental claim dominates main claim; OR
(C) Court dismisses the original claim
Removal - Elements - answerA defendant may remove a case to a federal court in the
state where the claim was filed if
(1) Federal court would have subject matter jurisdiction if action had been initially
brought there
(2) All defendants agree
(3) Within 30 days of either service of Summons or initial pleading (whichever shortest)
[(4) If diversity jurisdiction, no defendant resides in the forum state]
