MBE Civil Procedure Exam
Personal Jurisdiction - answer refers to the ability of a court to exercise power over a
particular D or item of property
constitutionally requires:
(1) D have such contacts with the forum state that the exercise of jurisdiction would be
fair and reasonable
(2) D must be given appropriate notice of the action and opportunity to be heard
Fed Q Jurisdiction - answer to determine when an action "arises under" fed law and to
know what types of actions are within the exclusive jurisdiction of the fed courts under
other specific statutes
the fed q must appear as part of the P's cause of action as set out in a well-pleaded
complaint (the existence of a defense based on fed law will not give fed q jurisdiction,
nor may a court look to a counterclaim asserted by the D to determine whether the P's
complaint states a fed q claim)
A complaint does not create fed q jurisdiction if it alleged fed issues only in anticipation
of some defense
Removal Jurisdiction - answerDs remove an action brought in state court to a fed court
if the fed court would have had original jurisdiction over the action
if there is more than one D, ALL Ds who have been properly joined and served must
join in or consent to the removal
Supplemental Jurisdiction - answerallows a fed court to entertain certain claims over
which it would have no independent basis of SMJ (claims that do not satisfy diversity or
fed q jurisdiction requirements)
Operates ONLY after a claim has invoked fed SMJ, after the case is properly in fed
court
it operates to bring additional claims into that case that arise from the sam T/O as the
original claim, but it cannot be used to get the case into fed court in the first instance
Rule 4 - answerAbsent some special fed statute, each fed court must analyze PJ as if it
were a court of the state in which it is located
,Authorizes jurisdiction without regard to state long arm statutes over third-party Ds and
parties required to be joined under the compulsory joinder rules, provided the party is
served within 100 miles from the place where the summons was issued
In Rem Jurisdiction - answerexists when the court has power to adjudicate the rights of
all persons in the world with respect to a particular item of property
limited to situations where the property is located within the physical borders of the state
and where it is necessary for the state to bind all persons regarding the property's
ownership and use
Occurs for condemnation actions; forfeiture of property to the states; and settlement of
decedent's estates
an in rem judgment does not bind the parties personally, but is binding as to the
disposition of the property in the state
the presence of the property in the state is constitutionally sufficient for the exercise of
jurisdiction over the property
a court has no in rem power over property OUTSIDE of the state
Quasi in Rem Jurisdiction - answerIn quasi in rem cases, the P is unable to obtain PJ
over the D, but the D has property in the state that the P attaches. The court adjudicates
the dispute on the basis of its power over the property. Since the court's sole basis of
jurisdiction is the property, any judgment against the D can be satisfied only out of that
property.
to obtain quasi in rem jurisdiction, a P must "bring the asset before the court" by
attachment or garnishment (it inhibits the sale or mortgage of the D's interest)
(TYPE 1) when the court has power to determine whether particular individuals own
specific property within the court's control
Unlike in rem, this jurisdiction does not permit the court to determine the rights of all
persons in the world with respect to the property
Jurisdiction in type 1 is based upon the presence of the property in the state
(TYPE 2) court to adjudicate disputes other than ownership based on the presence of
the D's property in the forum
the basis of a court's power to exercise quasi in rem is the property within the state
Type 2 jurisdiction cannot be based solely on the presence of property in the forum
state; there must be minimum contacts between the D and the forum state
, the judgment does not bind the D personally and cannot be enforced against any other
property belonging to the D
Voluntary Appearance as Consent to Jurisdiction - answerA D may consent to
jurisdiction by voluntary appearance, such as by contesting the case without challenging
PJ
Special Appearances: the D usually must make this special appearance - by stating
grounds for his objection to jurisdiction - in his initial pleading to the court (otherwise, the
D will be deemed to have consented)
Long Arm Statutes - answerin personam jurisdiction over nonresidents who perform or
cause to be performed certain acts within the state or who cause results within the state
by acts performed out of the state
jurisdiction is granted regardless of whether the D is served within or outside the forum,
but is limited to causes of action arising from the acts performed or results caused
within the state
In Personam: Sufficient Contacts - answersufficient minimum contacts must exist
between the D and the forum state
(1) Contact: (a) Purposeful Availment + (b) Foreseeability
(2) Relatedness: (a) Specific Juris; or (b) General Juris
(3) Fairness: (a) Convenience; or (b) Forum State Interest; or (c) P's interest in
obtaining relief, interstate judicial system's interest, and shared interest of states in
furthering social policies
Purposeful Availment in Stream of Commerce Cases - answerSituation: D
manufactures product in State A and sells them to a second party in State B (product in
stream of commerce). Product winds up in State C and causes an injury.
(1) merely placing an item in the stream of commerce, by itself, is not a sufficient basis
for PJ
(2) it is unresolved whether placing an item in the stream of commerce with the
knowledge or hope that it will wind up in a particular state would be a sufficient basis for
PJ (look for intentional targeting of the forum)
(3) placing an item in the stream of commerce with knowledge or hope that it will end up
in the forum state, and coupled with some other act that shows the intent to serve a
particular state is a sufficient basis for PJ
Personal Jurisdiction - answer refers to the ability of a court to exercise power over a
particular D or item of property
constitutionally requires:
(1) D have such contacts with the forum state that the exercise of jurisdiction would be
fair and reasonable
(2) D must be given appropriate notice of the action and opportunity to be heard
Fed Q Jurisdiction - answer to determine when an action "arises under" fed law and to
know what types of actions are within the exclusive jurisdiction of the fed courts under
other specific statutes
the fed q must appear as part of the P's cause of action as set out in a well-pleaded
complaint (the existence of a defense based on fed law will not give fed q jurisdiction,
nor may a court look to a counterclaim asserted by the D to determine whether the P's
complaint states a fed q claim)
A complaint does not create fed q jurisdiction if it alleged fed issues only in anticipation
of some defense
Removal Jurisdiction - answerDs remove an action brought in state court to a fed court
if the fed court would have had original jurisdiction over the action
if there is more than one D, ALL Ds who have been properly joined and served must
join in or consent to the removal
Supplemental Jurisdiction - answerallows a fed court to entertain certain claims over
which it would have no independent basis of SMJ (claims that do not satisfy diversity or
fed q jurisdiction requirements)
Operates ONLY after a claim has invoked fed SMJ, after the case is properly in fed
court
it operates to bring additional claims into that case that arise from the sam T/O as the
original claim, but it cannot be used to get the case into fed court in the first instance
Rule 4 - answerAbsent some special fed statute, each fed court must analyze PJ as if it
were a court of the state in which it is located
,Authorizes jurisdiction without regard to state long arm statutes over third-party Ds and
parties required to be joined under the compulsory joinder rules, provided the party is
served within 100 miles from the place where the summons was issued
In Rem Jurisdiction - answerexists when the court has power to adjudicate the rights of
all persons in the world with respect to a particular item of property
limited to situations where the property is located within the physical borders of the state
and where it is necessary for the state to bind all persons regarding the property's
ownership and use
Occurs for condemnation actions; forfeiture of property to the states; and settlement of
decedent's estates
an in rem judgment does not bind the parties personally, but is binding as to the
disposition of the property in the state
the presence of the property in the state is constitutionally sufficient for the exercise of
jurisdiction over the property
a court has no in rem power over property OUTSIDE of the state
Quasi in Rem Jurisdiction - answerIn quasi in rem cases, the P is unable to obtain PJ
over the D, but the D has property in the state that the P attaches. The court adjudicates
the dispute on the basis of its power over the property. Since the court's sole basis of
jurisdiction is the property, any judgment against the D can be satisfied only out of that
property.
to obtain quasi in rem jurisdiction, a P must "bring the asset before the court" by
attachment or garnishment (it inhibits the sale or mortgage of the D's interest)
(TYPE 1) when the court has power to determine whether particular individuals own
specific property within the court's control
Unlike in rem, this jurisdiction does not permit the court to determine the rights of all
persons in the world with respect to the property
Jurisdiction in type 1 is based upon the presence of the property in the state
(TYPE 2) court to adjudicate disputes other than ownership based on the presence of
the D's property in the forum
the basis of a court's power to exercise quasi in rem is the property within the state
Type 2 jurisdiction cannot be based solely on the presence of property in the forum
state; there must be minimum contacts between the D and the forum state
, the judgment does not bind the D personally and cannot be enforced against any other
property belonging to the D
Voluntary Appearance as Consent to Jurisdiction - answerA D may consent to
jurisdiction by voluntary appearance, such as by contesting the case without challenging
PJ
Special Appearances: the D usually must make this special appearance - by stating
grounds for his objection to jurisdiction - in his initial pleading to the court (otherwise, the
D will be deemed to have consented)
Long Arm Statutes - answerin personam jurisdiction over nonresidents who perform or
cause to be performed certain acts within the state or who cause results within the state
by acts performed out of the state
jurisdiction is granted regardless of whether the D is served within or outside the forum,
but is limited to causes of action arising from the acts performed or results caused
within the state
In Personam: Sufficient Contacts - answersufficient minimum contacts must exist
between the D and the forum state
(1) Contact: (a) Purposeful Availment + (b) Foreseeability
(2) Relatedness: (a) Specific Juris; or (b) General Juris
(3) Fairness: (a) Convenience; or (b) Forum State Interest; or (c) P's interest in
obtaining relief, interstate judicial system's interest, and shared interest of states in
furthering social policies
Purposeful Availment in Stream of Commerce Cases - answerSituation: D
manufactures product in State A and sells them to a second party in State B (product in
stream of commerce). Product winds up in State C and causes an injury.
(1) merely placing an item in the stream of commerce, by itself, is not a sufficient basis
for PJ
(2) it is unresolved whether placing an item in the stream of commerce with the
knowledge or hope that it will wind up in a particular state would be a sufficient basis for
PJ (look for intentional targeting of the forum)
(3) placing an item in the stream of commerce with knowledge or hope that it will end up
in the forum state, and coupled with some other act that shows the intent to serve a
particular state is a sufficient basis for PJ
