©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
All Multistate Bar Exam (MBE)
Subjects Exam Study Guide.
Federal question jurisdiction - well pleaded complaint rule - answer✔Question of federal
law must appear on the face of the complaint (not as a defense)
- TEST: is P enforcing a federal right?
Federal diversity jx does not extend to state law claims involving ... - answer✔1. Probate
2. Domestic relations
- narrow; prohibition only applies to issuance of divorce, alimony, or child custody orders
Federal question jurisdiction - exclusive vs. concurrent jurisdiction - answer✔Exclusive:
- Bankruptcy
- Copyright and patent
- Antitrust
Concurrent: most federal law claims (e.g., Civil Rights Act, constitutional violations)
Diversity jurisdiction requirements - answer✔1. Complete diversity: every plaintiff diverse
from every defendant as of filing date
2. Amount in controversy > $75,000
Date of diversity determination - answer✔Diversity is determined on the date the
complaint is filed
Exceptions to complete diversity (3) - answer✔1. Federal interpleader
2. Class actions (named P's only and minimum for diversity under CAFA)
3. Interstate mass torts
1|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
Alienage jurisdiction - what diversity rules apply where one party is a non-citizen -
answer✔1. At least ONE party must be a citizen of a US state
2. If alien is a lawful permanent resident (LPR), must not reside in same state as any
opposing party
Domicile (and citizenship) of individual citizens - 2-part test - answer✔Both:
1. PHYSICAL presence; AND
2. Intent to remain
- intent based on all relevant factors
•••note: only one domicile at any one time!
•••same test applies to decedents, minors, and incompetents
Domicile (and citizenship) of corporations - answer✔Either:
1. Any state where incorporated; OR
2. Principal place of business (i.e., "nerve center," HQ, where managers direct, coordinate,
and control corporative activities)
**note: can be domiciled in more than one place at the same time
Domicile of unincorporated associations - answer✔Each state where a member is
domiciled
•••includes limited partners
Diversity and assignment of claims - answer✔1. When assignment is legitimate, assignee's
domicile controls
2. When assignment is collusive, i.e., to create diversity jx, court can deny jx based on
assignor's domicile
Diversity and substituted parties - answer✔Domicile of the original party controls when a
new party is substituted as a successor in interest
Amount in controversy - how determined and what is included - answer✔Whatever amount
P claims in good faith, UNLESS clear to a legal certainty that she cannot recover > $75,000
2|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
- Does NOT include legal costs, atty's fees, or interest resulting in delay of payment
- DOES include interest that is part of the claim itself
- DOES include atty's fees recoverable by contract
Amount in controversy - injunctive relief - answer✔Either value to P or cost of complying to
D is greater than $75,000
Aggregating amount in controversy - answer✔1. One P can aggregate claims against one D
(even if factually unrelated)
2. One P can aggregate claims against joint D's
3. Multiple P's cannot aggregate
Supplemental jurisdiction - Basic Test - answer✔Claim must share a "common nucleus of
operative fact" with the claim that invoked federal SMJ
•••NOTE: if same T/O, will ALWAYS be CNOF
Supplemental jurisdiction - state law claims in federal question cases - answer✔Court has
DISCRETION to hear state law claims, if:
1. Common nucleus of operative fact
--> i.e., same T/O
2. P would ordinarily be expected to try them all in one judicial proceeding
Factors (3) considered by court in deciding whether to exercise its supplemental
jurisdiction over state law claims in FQ cases - answer✔1. *Novel issues* of state law
2. *State law claims predominate* over federal law claims
3. If claims based on federal law have been dismissed, *timing* (i.e., how far along in the
process)
Pendent party (supplemental) jurisdiction - how does it work in federal question cases -
answer✔P sues multiple D's, but only one qualifies for FQJ
--> P can have supp. jx over claims other D's if CNOF
P1 sues D on a federal Q. P2 has a state law claim against D but fails diversity.
3|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
--> P2 can get supp. jx for claim against D if CNOF
How does "same transaction or occurrence" relate to "common nucleus of operative
fact"? - answer✔Common nucleus of operative fact will ALWAYS encompass claims
arising in from the same transaction or occurrence
- T/O is NARROWER
Limit on supplemental jurisdiction for P's claims in diversity cases - answer✔If federal jx
based SOLELY on diversity, plaintiff cannot bring additional claims under supp. jx
- EXCEPTION: where case involves multiple P's, add'l P claims allowed even if below
amount in controversy, so long as complete diversity not destroyed
Restriction on use of supplemental jx in cases based solely on diversity under § 1367(b) -
answer✔May NOT be used for:
i. Claims by plaintiffs against persons made parties under Rules 14 (impleader), 19
(compulsory joinder), 20 (permissive joinder), or 24 (intervention);
ii. Claims by persons proposed to be joined as plaintiffs under Rule 19 (compulsory
joinder); and
iii. Claims by persons seeking to intervene as plaintiffs under Rule 24 (intervention).
Removal - general rule + who must participate + timing - answer✔1. D may remove to
federal court any case that may have initially have been brought there
- *ALL D's who have been SERVED* must participate
- within 30 days of SERVICE of the first paper that shows case removable (up to 1 year max
after case filing if diversity)
2. If removal based on diversity, NO D can be a citizen of the state hearing case
Removal - to what federal court? - answer✔To federal district "embracing" the state court
wherein case was filed
Removal to federal court where state court lacked jurisdiction? - answer✔Federal court
may hear even though state court from which case was removed did not have jx
- ex. exclusive federal jurisdiction (patent law)
Procedures of removal - answer✔1. File notice of removal with federal district court (within
30 days of service notifying D of eligibility)
2. File copy to the original state court
4|Page
ALL RIGHTS RESERVED.
All Multistate Bar Exam (MBE)
Subjects Exam Study Guide.
Federal question jurisdiction - well pleaded complaint rule - answer✔Question of federal
law must appear on the face of the complaint (not as a defense)
- TEST: is P enforcing a federal right?
Federal diversity jx does not extend to state law claims involving ... - answer✔1. Probate
2. Domestic relations
- narrow; prohibition only applies to issuance of divorce, alimony, or child custody orders
Federal question jurisdiction - exclusive vs. concurrent jurisdiction - answer✔Exclusive:
- Bankruptcy
- Copyright and patent
- Antitrust
Concurrent: most federal law claims (e.g., Civil Rights Act, constitutional violations)
Diversity jurisdiction requirements - answer✔1. Complete diversity: every plaintiff diverse
from every defendant as of filing date
2. Amount in controversy > $75,000
Date of diversity determination - answer✔Diversity is determined on the date the
complaint is filed
Exceptions to complete diversity (3) - answer✔1. Federal interpleader
2. Class actions (named P's only and minimum for diversity under CAFA)
3. Interstate mass torts
1|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
Alienage jurisdiction - what diversity rules apply where one party is a non-citizen -
answer✔1. At least ONE party must be a citizen of a US state
2. If alien is a lawful permanent resident (LPR), must not reside in same state as any
opposing party
Domicile (and citizenship) of individual citizens - 2-part test - answer✔Both:
1. PHYSICAL presence; AND
2. Intent to remain
- intent based on all relevant factors
•••note: only one domicile at any one time!
•••same test applies to decedents, minors, and incompetents
Domicile (and citizenship) of corporations - answer✔Either:
1. Any state where incorporated; OR
2. Principal place of business (i.e., "nerve center," HQ, where managers direct, coordinate,
and control corporative activities)
**note: can be domiciled in more than one place at the same time
Domicile of unincorporated associations - answer✔Each state where a member is
domiciled
•••includes limited partners
Diversity and assignment of claims - answer✔1. When assignment is legitimate, assignee's
domicile controls
2. When assignment is collusive, i.e., to create diversity jx, court can deny jx based on
assignor's domicile
Diversity and substituted parties - answer✔Domicile of the original party controls when a
new party is substituted as a successor in interest
Amount in controversy - how determined and what is included - answer✔Whatever amount
P claims in good faith, UNLESS clear to a legal certainty that she cannot recover > $75,000
2|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
- Does NOT include legal costs, atty's fees, or interest resulting in delay of payment
- DOES include interest that is part of the claim itself
- DOES include atty's fees recoverable by contract
Amount in controversy - injunctive relief - answer✔Either value to P or cost of complying to
D is greater than $75,000
Aggregating amount in controversy - answer✔1. One P can aggregate claims against one D
(even if factually unrelated)
2. One P can aggregate claims against joint D's
3. Multiple P's cannot aggregate
Supplemental jurisdiction - Basic Test - answer✔Claim must share a "common nucleus of
operative fact" with the claim that invoked federal SMJ
•••NOTE: if same T/O, will ALWAYS be CNOF
Supplemental jurisdiction - state law claims in federal question cases - answer✔Court has
DISCRETION to hear state law claims, if:
1. Common nucleus of operative fact
--> i.e., same T/O
2. P would ordinarily be expected to try them all in one judicial proceeding
Factors (3) considered by court in deciding whether to exercise its supplemental
jurisdiction over state law claims in FQ cases - answer✔1. *Novel issues* of state law
2. *State law claims predominate* over federal law claims
3. If claims based on federal law have been dismissed, *timing* (i.e., how far along in the
process)
Pendent party (supplemental) jurisdiction - how does it work in federal question cases -
answer✔P sues multiple D's, but only one qualifies for FQJ
--> P can have supp. jx over claims other D's if CNOF
P1 sues D on a federal Q. P2 has a state law claim against D but fails diversity.
3|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
--> P2 can get supp. jx for claim against D if CNOF
How does "same transaction or occurrence" relate to "common nucleus of operative
fact"? - answer✔Common nucleus of operative fact will ALWAYS encompass claims
arising in from the same transaction or occurrence
- T/O is NARROWER
Limit on supplemental jurisdiction for P's claims in diversity cases - answer✔If federal jx
based SOLELY on diversity, plaintiff cannot bring additional claims under supp. jx
- EXCEPTION: where case involves multiple P's, add'l P claims allowed even if below
amount in controversy, so long as complete diversity not destroyed
Restriction on use of supplemental jx in cases based solely on diversity under § 1367(b) -
answer✔May NOT be used for:
i. Claims by plaintiffs against persons made parties under Rules 14 (impleader), 19
(compulsory joinder), 20 (permissive joinder), or 24 (intervention);
ii. Claims by persons proposed to be joined as plaintiffs under Rule 19 (compulsory
joinder); and
iii. Claims by persons seeking to intervene as plaintiffs under Rule 24 (intervention).
Removal - general rule + who must participate + timing - answer✔1. D may remove to
federal court any case that may have initially have been brought there
- *ALL D's who have been SERVED* must participate
- within 30 days of SERVICE of the first paper that shows case removable (up to 1 year max
after case filing if diversity)
2. If removal based on diversity, NO D can be a citizen of the state hearing case
Removal - to what federal court? - answer✔To federal district "embracing" the state court
wherein case was filed
Removal to federal court where state court lacked jurisdiction? - answer✔Federal court
may hear even though state court from which case was removed did not have jx
- ex. exclusive federal jurisdiction (patent law)
Procedures of removal - answer✔1. File notice of removal with federal district court (within
30 days of service notifying D of eligibility)
2. File copy to the original state court
4|Page
