MBE Civil Procedure
Jurisdiction & Venue Preview Answers
1
q
Define:
subject-matter jurisdiction
a
The power of the court to hear cases based on the subject or type
of legal issue involved.
2
q
What are the 3 types of subject-matter jurisdiction?
,a
1.Federal Question Jurisdiction
2.Diversity Jurisdiction
3.Supplemental Jurisdiction
3
q
Define:
federal question jurisdiction
a
Jurisdiction for any claims “arising under” the Constitution, federal
law, or United States treaties.
28 U.S.C. § 1331
4
q
Elements of federal question jurisdiction
,a
1.There is a federal question in dispute; and
2.Question appears on the face of a well-pleaded
complaint
More info: Federal Question Jurisdiction
5
q
What is the well-pleaded complaint rule?
(also known as the Mottley Rule)
a
P must state that D has already violated a federal law on the face
of the complaint to qualify as federal question jurisdiction. Federal
question cannot be asserted as a defense (by P or D) - the
federal question issue must be asserted by P on the face of the
complaint.
, ⚠️ Note: P can’t anticipate that D will violate a federal question in the
future; the violation must have already occurred to satisfy the well-pleaded
complaint rule.
6
q
What is diversity jurisdiction and when does it exist?
a
Jurisdiction based on the citizenship of the plaintiff and defendant.
Exists when:
1.There is complete diversity between parties (no party is a
citizen of the same state as the other party); and
2.Amount in controversy is greater than $75,000
28 U.S.C. § 1332
7
q
How is citizenship for diversity jurisdiction determined for:
Jurisdiction & Venue Preview Answers
1
q
Define:
subject-matter jurisdiction
a
The power of the court to hear cases based on the subject or type
of legal issue involved.
2
q
What are the 3 types of subject-matter jurisdiction?
,a
1.Federal Question Jurisdiction
2.Diversity Jurisdiction
3.Supplemental Jurisdiction
3
q
Define:
federal question jurisdiction
a
Jurisdiction for any claims “arising under” the Constitution, federal
law, or United States treaties.
28 U.S.C. § 1331
4
q
Elements of federal question jurisdiction
,a
1.There is a federal question in dispute; and
2.Question appears on the face of a well-pleaded
complaint
More info: Federal Question Jurisdiction
5
q
What is the well-pleaded complaint rule?
(also known as the Mottley Rule)
a
P must state that D has already violated a federal law on the face
of the complaint to qualify as federal question jurisdiction. Federal
question cannot be asserted as a defense (by P or D) - the
federal question issue must be asserted by P on the face of the
complaint.
, ⚠️ Note: P can’t anticipate that D will violate a federal question in the
future; the violation must have already occurred to satisfy the well-pleaded
complaint rule.
6
q
What is diversity jurisdiction and when does it exist?
a
Jurisdiction based on the citizenship of the plaintiff and defendant.
Exists when:
1.There is complete diversity between parties (no party is a
citizen of the same state as the other party); and
2.Amount in controversy is greater than $75,000
28 U.S.C. § 1332
7
q
How is citizenship for diversity jurisdiction determined for:
