MBE Civil Procedure Quiz
what is SMJ - answer Power of the court to decide this kind of case
what is PJ - answer power of the court to decide the rights and liabilities of this
defendant
Venue - answer Determining the appropriateness of deciding the case in a particular
court which has subject
matter jurisdiction and personal jurisdiction over the defendant (i.e., which district(s))
SMJ and fed v. state cts
Federal courts are courts of ________ subject matter jurisdiction.
Compare with state courts - courts of ____________
subject matter jurisdiction. State cts can generally hear ________
For the MBE: nless you are provided with a state statute that
explicitly limits state court jurisdiction (e.g., only small claims or
probate), assume_______ - answero Issue: Does this court have the power to decide
this kind of case?
o Federal courts are courts of limited subject matter
jurisdiction.
Compare with state courts - courts of unlimited
subject matter jurisdiction. State cts can generally hear any kind of case
Exam Tip 1: For the MBE, unless you are provided with a state statute that
explicitly limits state court jurisdiction (e.g., only small claims or
probate), assume state courts have subject matter jurisdiction over
any kind of case.
Pleading SMJ
A basis for SMJ must be ____________ in eveery case
If challenged, must ________ - answero A basis for federal SMJ must be affirmatively
pleaded
in every case.
If challenged, must prove there is a basis for SMJ.
Waiver and SMJ
,Can you waive it?
CAn you consent to improper lack of SMJ?
Lack of SMJ cannot be waived by ______ or ______ - answerno waiver of SMJ.
o Cannot consent to improper or lack of SMJ.
o Lack of SMJ cannot be waived by failing to object or by affirmative consent.
Objection to SMJ
Lack of SMJ can be raised by _________ at __________ including the ___________
who chose to go to the wrong court
Can the court raise it?
Can it be raised on appeal? - answero Lack of SMJ can be raised by any party at
any time, including by the plaintiff, who chose to go
to the wrong court.
o Can be raised by the court itself.
o Can be brought for the first time on appeal.
What types of Federal SMJ - answerFederal question/claims arising under federal law
Diversity Jurisd
Federal Question (arising under)
Basis
Ps claim must be based on _____. where do you look to? Only the ______'s claims
count. pResence of a ______defense doesnt matter.
Fedeeral questin must appear on the _____ - answer1. Basis
o Exists for a claim that arises under federal law or federal question
2. Well-Pleaded Complaint
o Plaintiff's claim must be based on federal law - look to the face of the complaint.
Means that only the plaintiff's claims count.
Presence of a federal defense doesnt matter.
Federal question must appear on teh face of the well pleaded compalint.
Diversity Jurisdiction
What is it?
,What kinds of cases cant be before fede ct in diversity jursid? ____ and ______
What is complete diversity? - answer1. Basis
o Cases between citizens of
difderente state, or citizens of a state and a foreign country, if the amount in controversy
exceeds $75,000, exclusive of interest and costs.
o Exceptions: Probate and
domestic relations (divorce, alimony, child custody) actions cannot be brought in federal
court
under diversity jurisdiction.
2. Complete Diversity
a. General rule
The diversity statute requires complete diversity.
Every citizenship represented on the plaintiff's side of the case must be different than
every citizenship represented on the defendant's side.
Does NOT mean every plaintiff must be diverse from every other plaintiff or that the
defendant must be diverse from every other defendant.
Diversity must only be complete as between plaintiffs and defendants
Any Exceptions to Complete Diversity?
Minimal diversity is when ______________
It is permited in _____________ act, class _______With more than _____________
and _______mass torts if at least _______________have died in once accidnet. -
answerb. Minimal diversity (exception to complete diversity requirement)
Provided by a few statutes
Exists when any plaintiff is diverse from any defendant
Minimal diversity is permitted in the following circumstances: federal interpleader act,
class actions with claims more than $5,000,000 and interstate
mass torts (e.g., airline crash). If at least 75 natural persons have died in one accident,
with plaintiffs and defendants spread all over, then minimal diversity suffices.
With regard to a federal statutory interpleader action, diversity exists if
any two adverse claimants are diverse from each other
Time for determination of diversity
Diversity must exist when ________
, Does not matter that diversity did not exist____
does not matter that diversty no longer existed when_____ - answerDiversity must exist
when the complaint is
filed
Does NOT matter that diversity did not exist when the cause of action
arose
Does NOT matter that diversity no longer existed when the case came to trial
Citizenship of the Parties
Individuals: what is it? How many citizneship can they have?
Aliens: wheere are they domiciled? Does div jursid exist for these people?
Representative Parties: Generally_______; For litigation involving a ddecedent's estate,
whose citizneship controls? For the legal representative of an infant or an incompetent
person, whose citiznship controls?
Class Action: whose citizenship counts? Class memebers may join ________ regard to
citizenship
Corporations: what is their citizenship? how many citizenships? You gave to consider
every _________for determining diveristy.
Partnerships and Unincorporated Associations: where is zitisenhip? What does it apply
to? - answera. Individuals
Citizen of the state or country of where they are domiciled Domicile is permanent
residence. Residence + an intention to remain indefinitely (or, with no intent to depart).
Can only have one domicile at a time.
b. Aliens
Diversity jurisdiction exists for controversies between a citizen of a state and a citizen
of a foreign country.
c. Representative parties
Generally, the citizenship of the representaitive controls.
• Exception: For the litigation involving a ddecedent's estate, the citizenship of the
ddecedent ccontrols.
• Exception: For the legal representative of an infant or an incompetent person (e.g.,
guardian), the citizenship of the infant or the incompetent person controls.
d. Class actions
Citizenship of the named party/rep party counts
Class members not named may join without regard to citizenship.
what is SMJ - answer Power of the court to decide this kind of case
what is PJ - answer power of the court to decide the rights and liabilities of this
defendant
Venue - answer Determining the appropriateness of deciding the case in a particular
court which has subject
matter jurisdiction and personal jurisdiction over the defendant (i.e., which district(s))
SMJ and fed v. state cts
Federal courts are courts of ________ subject matter jurisdiction.
Compare with state courts - courts of ____________
subject matter jurisdiction. State cts can generally hear ________
For the MBE: nless you are provided with a state statute that
explicitly limits state court jurisdiction (e.g., only small claims or
probate), assume_______ - answero Issue: Does this court have the power to decide
this kind of case?
o Federal courts are courts of limited subject matter
jurisdiction.
Compare with state courts - courts of unlimited
subject matter jurisdiction. State cts can generally hear any kind of case
Exam Tip 1: For the MBE, unless you are provided with a state statute that
explicitly limits state court jurisdiction (e.g., only small claims or
probate), assume state courts have subject matter jurisdiction over
any kind of case.
Pleading SMJ
A basis for SMJ must be ____________ in eveery case
If challenged, must ________ - answero A basis for federal SMJ must be affirmatively
pleaded
in every case.
If challenged, must prove there is a basis for SMJ.
Waiver and SMJ
,Can you waive it?
CAn you consent to improper lack of SMJ?
Lack of SMJ cannot be waived by ______ or ______ - answerno waiver of SMJ.
o Cannot consent to improper or lack of SMJ.
o Lack of SMJ cannot be waived by failing to object or by affirmative consent.
Objection to SMJ
Lack of SMJ can be raised by _________ at __________ including the ___________
who chose to go to the wrong court
Can the court raise it?
Can it be raised on appeal? - answero Lack of SMJ can be raised by any party at
any time, including by the plaintiff, who chose to go
to the wrong court.
o Can be raised by the court itself.
o Can be brought for the first time on appeal.
What types of Federal SMJ - answerFederal question/claims arising under federal law
Diversity Jurisd
Federal Question (arising under)
Basis
Ps claim must be based on _____. where do you look to? Only the ______'s claims
count. pResence of a ______defense doesnt matter.
Fedeeral questin must appear on the _____ - answer1. Basis
o Exists for a claim that arises under federal law or federal question
2. Well-Pleaded Complaint
o Plaintiff's claim must be based on federal law - look to the face of the complaint.
Means that only the plaintiff's claims count.
Presence of a federal defense doesnt matter.
Federal question must appear on teh face of the well pleaded compalint.
Diversity Jurisdiction
What is it?
,What kinds of cases cant be before fede ct in diversity jursid? ____ and ______
What is complete diversity? - answer1. Basis
o Cases between citizens of
difderente state, or citizens of a state and a foreign country, if the amount in controversy
exceeds $75,000, exclusive of interest and costs.
o Exceptions: Probate and
domestic relations (divorce, alimony, child custody) actions cannot be brought in federal
court
under diversity jurisdiction.
2. Complete Diversity
a. General rule
The diversity statute requires complete diversity.
Every citizenship represented on the plaintiff's side of the case must be different than
every citizenship represented on the defendant's side.
Does NOT mean every plaintiff must be diverse from every other plaintiff or that the
defendant must be diverse from every other defendant.
Diversity must only be complete as between plaintiffs and defendants
Any Exceptions to Complete Diversity?
Minimal diversity is when ______________
It is permited in _____________ act, class _______With more than _____________
and _______mass torts if at least _______________have died in once accidnet. -
answerb. Minimal diversity (exception to complete diversity requirement)
Provided by a few statutes
Exists when any plaintiff is diverse from any defendant
Minimal diversity is permitted in the following circumstances: federal interpleader act,
class actions with claims more than $5,000,000 and interstate
mass torts (e.g., airline crash). If at least 75 natural persons have died in one accident,
with plaintiffs and defendants spread all over, then minimal diversity suffices.
With regard to a federal statutory interpleader action, diversity exists if
any two adverse claimants are diverse from each other
Time for determination of diversity
Diversity must exist when ________
, Does not matter that diversity did not exist____
does not matter that diversty no longer existed when_____ - answerDiversity must exist
when the complaint is
filed
Does NOT matter that diversity did not exist when the cause of action
arose
Does NOT matter that diversity no longer existed when the case came to trial
Citizenship of the Parties
Individuals: what is it? How many citizneship can they have?
Aliens: wheere are they domiciled? Does div jursid exist for these people?
Representative Parties: Generally_______; For litigation involving a ddecedent's estate,
whose citizneship controls? For the legal representative of an infant or an incompetent
person, whose citiznship controls?
Class Action: whose citizenship counts? Class memebers may join ________ regard to
citizenship
Corporations: what is their citizenship? how many citizenships? You gave to consider
every _________for determining diveristy.
Partnerships and Unincorporated Associations: where is zitisenhip? What does it apply
to? - answera. Individuals
Citizen of the state or country of where they are domiciled Domicile is permanent
residence. Residence + an intention to remain indefinitely (or, with no intent to depart).
Can only have one domicile at a time.
b. Aliens
Diversity jurisdiction exists for controversies between a citizen of a state and a citizen
of a foreign country.
c. Representative parties
Generally, the citizenship of the representaitive controls.
• Exception: For the litigation involving a ddecedent's estate, the citizenship of the
ddecedent ccontrols.
• Exception: For the legal representative of an infant or an incompetent person (e.g.,
guardian), the citizenship of the infant or the incompetent person controls.
d. Class actions
Citizenship of the named party/rep party counts
Class members not named may join without regard to citizenship.
