MBE Civil Procedure Multiple Choice Questions and Answers Latest Version Already Passed

MBE Civil Procedure Multiple Choice Questions and Answers Latest Version Already Passed A plaintiff files a case in federal court but does not properly serve the defendant. What should the court do? A. Enter default judgment B. Dismiss immediately with prejudice C. Allow time to correct the service if good cause is shown D. Transfer the case to state court Personal jurisdiction can be waived by the defendant if: A. The case is filed in federal court B. The defendant lives in another state C. The defendant fails to timely raise it in a motion or responsive pleading D. The plaintiff gives notice Subject matter jurisdiction in federal court may be raised: A. Only by the defendant 2 B. At any time, even on appeal C. Before trial only D. Only during pretrial conferences Which of the following best describes the “well-pleaded complaint” rule? A. Federal question jurisdiction must appear on the face of the plaintiff’s complaint B. The complaint must mention all defenses C. Jurisdiction is based on the defendant’s answer D. The court can read between the lines A court has general jurisdiction over a corporation where: A. It is incorporated or has its principal place of business B. It has many customers C. It has a single office D. It advertises heavily A party may remove a case from state to federal court if: A. The plaintiff agrees 3 B. The federal court has original jurisdiction C. The amount in controversy is less than $50,000 D. The parties are from the same state If a party fails to respond to a request for admission, the matter is: A. Ignored B. Deemed admitted C. Automatically denied D. Set for trial A plaintiff from State A sues a defendant from State B for $60,000 in state court. The defendant may remove the case to federal court because: A. There is diversity of citizenship and the amount exceeds $75,000 B. The amount is high C. The court is closer D. Both parties consent Which of the following claims must a party raise in the initial response or risk waiving it? 4 A. Lack of personal jurisdiction B. Lack of subject matter jurisdiction C. Failure to state a claim D. Improper venue on appeal Under Rule 11, an attorney certifies that all filed documents are: A. Not for an improper purpose, legally warranted, and factually supported B. Drafted by the client C. Unreviewed by the court D. Approved by opposing counsel Venue is proper in: A. Any district in the U.S. B. A district where any defendant resides if all are in the same state C. Only where the plaintiff resides D. A district chosen by the court Interrogatories are limited to: