Pennsylvania (PA) Lawyer Exam
Question 1. Which of the following best defines subject-matter jurisdiction in federal civil procedure?
A) The authority of a court to hear a particular case based on the location of the parties
B) The authority of a court to hear cases of a particular type or cases relating to a specific subject matter
C) The power of a court to enforce its judgments within its geographic boundaries
D) The authority of a court to hear cases involving federal law only
Answer: B
Explanation: Subject-matter jurisdiction refers to a court's authority to hear cases of a specific type or
relating to a particular subject matter, such as federal question or diversity jurisdiction.
Question 2. Under federal civil procedure, which of the following is the primary basis for establishing
personal jurisdiction over a defendant?
A) The defendant's residence within the district
B) The defendant's presence within the state at the time of service
C) The defendant's consent or minimum contacts with the forum state
D) The location where the cause of action arose
Answer: C
Explanation: Personal jurisdiction generally requires that the defendant have sufficient minimum
contacts with the forum state, such that maintaining the suit does not offend traditional notions of fair
play and substantial justice.
Question 3. Which of the following correctly describes the process of removal jurisdiction?
A) The transfer of a case from a state court to a federal court based on federal question jurisdiction
B) The transfer of a case from federal court to state court after a motion to remand
C) The process by which a defendant can transfer a case to any court of their choosing
D) The process by which a case can be transferred from one federal district to another within the same
state
Answer: A
Explanation: Removal jurisdiction allows a defendant to transfer a case from state court to federal court
if the case could have originally been filed in federal court, typically based on federal question or
diversity jurisdiction.
, Pennsylvania (PA) Lawyer Exam
Question 4. Venue in federal civil procedure is proper in a district where:
A) Any defendant resides
B) The cause of action occurred
C) All parties agree to the venue
D) The defendant is subject to personal jurisdiction
Answer: B
Explanation: Venue is proper in a district where the cause of action arose, or where the defendant
resides if they are a corporation or individual, ensuring the case is heard in a convenient location
connected to the dispute.
Question 5. Which of the following is a key factor in deciding whether to transfer a case under 28 U.S.C.
§ 1404(a)?
A) The convenience of parties and witnesses and the interest of justice
B) The amount in controversy exceeding $75,000
C) The presence of diversity of citizenship
D) The defendant’s consent to jurisdiction
Answer: A
Explanation: Section 1404(a) permits transfer based on convenience and the interest of justice, allowing
courts to move cases to a more appropriate venue within the federal system.
Question 6. Which of the following best describes the Erie Doctrine?
A) A rule requiring federal courts to apply state substantive law in diversity cases
B) A principle that federal courts can create new common law
C) A requirement that state courts follow federal procedural rules
D) A doctrine that limits federal jurisdiction over state law claims
Answer: A
Explanation: The Erie Doctrine mandates that federal courts exercising diversity jurisdiction must apply
state substantive law, including statutes of limitations and choice of law rules, to avoid forum shopping
and ensure consistency.
Question 7. Claim preclusion (res judicata) prevents relitigation of claims that:
, Pennsylvania (PA) Lawyer Exam
A) Were or could have been litigated in a prior final judgment
B) Are similar but not identical to those in a previous case
C) Are based on different factual grounds
D) Were dismissed without prejudice
Answer: A
Explanation: Claim preclusion bars the relitigation of claims that were or could have been litigated in a
previous final judgment on the merits, promoting finality and judicial efficiency.
Question 8. Which of the following best characterizes issue preclusion (collateral estoppel)?
A) Prevents relitigation of identical issues decided in a prior case
B) Prevents relitigation of claims based on different facts
C) Binds parties to the outcome of a prior litigation regardless of issue
D) Applies only in criminal cases
Answer: A
Explanation: Issue preclusion bars the relitigation of specific issues that have been actually litigated and
determined in a prior case, even if the claim is different.
Question 9. Which of the following best describes the role of judicial review in constitutional law?
A) The power of courts to interpret and invalidate laws that conflict with the Constitution
B) The authority of Congress to amend the Constitution
C) The process by which states ratify constitutional amendments
D) The duty of courts to defer to legislative findings
Answer: A
Explanation: Judicial review is the power of courts to assess laws and executive actions for
constitutionality, invalidating those that conflict with the U.S. Constitution.
Question 10. Which branch of government has the primary responsibility for enacting laws under the
doctrine of separation of powers?
A) The executive branch
B) The legislative branch
, Pennsylvania (PA) Lawyer Exam
C) The judicial branch
D) The administrative agencies
Answer: B
Explanation: The legislative branch (Congress) has the primary authority to enact laws, while the
executive enforces them and the judiciary interprets them.
Question 11. Under federalism principles, which of the following is true regarding federal power over
states?
A) Federal government has complete authority to regulate all aspects of state governance
B) Federal power is limited to areas explicitly granted by the Constitution
C) Federal law always overrides state law in any conflict
D) States can never regulate areas within federal jurisdiction
Answer: B
Explanation: Federalism is based on the principle that federal power is limited to areas explicitly granted
by the Constitution, with residual powers reserved to states.
Question 12. Which of the following rights is protected under the First Amendment?
A) The right to bear arms
B) The right against self-incrimination
C) Freedom of speech
D) The right to privacy
Answer: C
Explanation: The First Amendment protects freedoms concerning religion, speech, press, assembly, and
petition.
Question 13. Which constitutional clause prohibits states from discriminating against citizens of other
states?
A) The Commerce Clause
B) The Supremacy Clause
C) The Privileges and Immunities Clause
Question 1. Which of the following best defines subject-matter jurisdiction in federal civil procedure?
A) The authority of a court to hear a particular case based on the location of the parties
B) The authority of a court to hear cases of a particular type or cases relating to a specific subject matter
C) The power of a court to enforce its judgments within its geographic boundaries
D) The authority of a court to hear cases involving federal law only
Answer: B
Explanation: Subject-matter jurisdiction refers to a court's authority to hear cases of a specific type or
relating to a particular subject matter, such as federal question or diversity jurisdiction.
Question 2. Under federal civil procedure, which of the following is the primary basis for establishing
personal jurisdiction over a defendant?
A) The defendant's residence within the district
B) The defendant's presence within the state at the time of service
C) The defendant's consent or minimum contacts with the forum state
D) The location where the cause of action arose
Answer: C
Explanation: Personal jurisdiction generally requires that the defendant have sufficient minimum
contacts with the forum state, such that maintaining the suit does not offend traditional notions of fair
play and substantial justice.
Question 3. Which of the following correctly describes the process of removal jurisdiction?
A) The transfer of a case from a state court to a federal court based on federal question jurisdiction
B) The transfer of a case from federal court to state court after a motion to remand
C) The process by which a defendant can transfer a case to any court of their choosing
D) The process by which a case can be transferred from one federal district to another within the same
state
Answer: A
Explanation: Removal jurisdiction allows a defendant to transfer a case from state court to federal court
if the case could have originally been filed in federal court, typically based on federal question or
diversity jurisdiction.
, Pennsylvania (PA) Lawyer Exam
Question 4. Venue in federal civil procedure is proper in a district where:
A) Any defendant resides
B) The cause of action occurred
C) All parties agree to the venue
D) The defendant is subject to personal jurisdiction
Answer: B
Explanation: Venue is proper in a district where the cause of action arose, or where the defendant
resides if they are a corporation or individual, ensuring the case is heard in a convenient location
connected to the dispute.
Question 5. Which of the following is a key factor in deciding whether to transfer a case under 28 U.S.C.
§ 1404(a)?
A) The convenience of parties and witnesses and the interest of justice
B) The amount in controversy exceeding $75,000
C) The presence of diversity of citizenship
D) The defendant’s consent to jurisdiction
Answer: A
Explanation: Section 1404(a) permits transfer based on convenience and the interest of justice, allowing
courts to move cases to a more appropriate venue within the federal system.
Question 6. Which of the following best describes the Erie Doctrine?
A) A rule requiring federal courts to apply state substantive law in diversity cases
B) A principle that federal courts can create new common law
C) A requirement that state courts follow federal procedural rules
D) A doctrine that limits federal jurisdiction over state law claims
Answer: A
Explanation: The Erie Doctrine mandates that federal courts exercising diversity jurisdiction must apply
state substantive law, including statutes of limitations and choice of law rules, to avoid forum shopping
and ensure consistency.
Question 7. Claim preclusion (res judicata) prevents relitigation of claims that:
, Pennsylvania (PA) Lawyer Exam
A) Were or could have been litigated in a prior final judgment
B) Are similar but not identical to those in a previous case
C) Are based on different factual grounds
D) Were dismissed without prejudice
Answer: A
Explanation: Claim preclusion bars the relitigation of claims that were or could have been litigated in a
previous final judgment on the merits, promoting finality and judicial efficiency.
Question 8. Which of the following best characterizes issue preclusion (collateral estoppel)?
A) Prevents relitigation of identical issues decided in a prior case
B) Prevents relitigation of claims based on different facts
C) Binds parties to the outcome of a prior litigation regardless of issue
D) Applies only in criminal cases
Answer: A
Explanation: Issue preclusion bars the relitigation of specific issues that have been actually litigated and
determined in a prior case, even if the claim is different.
Question 9. Which of the following best describes the role of judicial review in constitutional law?
A) The power of courts to interpret and invalidate laws that conflict with the Constitution
B) The authority of Congress to amend the Constitution
C) The process by which states ratify constitutional amendments
D) The duty of courts to defer to legislative findings
Answer: A
Explanation: Judicial review is the power of courts to assess laws and executive actions for
constitutionality, invalidating those that conflict with the U.S. Constitution.
Question 10. Which branch of government has the primary responsibility for enacting laws under the
doctrine of separation of powers?
A) The executive branch
B) The legislative branch
, Pennsylvania (PA) Lawyer Exam
C) The judicial branch
D) The administrative agencies
Answer: B
Explanation: The legislative branch (Congress) has the primary authority to enact laws, while the
executive enforces them and the judiciary interprets them.
Question 11. Under federalism principles, which of the following is true regarding federal power over
states?
A) Federal government has complete authority to regulate all aspects of state governance
B) Federal power is limited to areas explicitly granted by the Constitution
C) Federal law always overrides state law in any conflict
D) States can never regulate areas within federal jurisdiction
Answer: B
Explanation: Federalism is based on the principle that federal power is limited to areas explicitly granted
by the Constitution, with residual powers reserved to states.
Question 12. Which of the following rights is protected under the First Amendment?
A) The right to bear arms
B) The right against self-incrimination
C) Freedom of speech
D) The right to privacy
Answer: C
Explanation: The First Amendment protects freedoms concerning religion, speech, press, assembly, and
petition.
Question 13. Which constitutional clause prohibits states from discriminating against citizens of other
states?
A) The Commerce Clause
B) The Supremacy Clause
C) The Privileges and Immunities Clause
