MBE Civil Procedure Multiple Choice Exam Questions with Correct Answers
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Which of the following statements as to recognition of judgments is true?
A A federal court generally must recognize the judgments of a state court, but a state court
generally need not recognize the judgments of a sister state
B A state court generally does not have to recognize the judgments of either a sister state or
the federal courts
C A state court generally must recognize the judgments of a sister state and federal courts
generally must recognize judgments of state courts
D A state court generally must recognize the judgments of a sister state, but a federal court
generally does not have to recognize the judgments of a state court (FEDERAL VS. STATE
JURISDICTION)
C. Under the Full Faith and Credit Clause of the Constitution and federal statutes, a state court
generally must recognize the judgments of a sister state and federal courts generally must
recognize judgments of state courts. Recognition of judgments is required between state
courts, between state and federal courts, and between federal courts.
In state court and frequently in federal court (absent consent or waiver), personal jurisdiction is
limited by:
A State statutes, the Due Process Clause of the U.S. Constitution, and state venue rules
B State statutes only
C The Due Process Clause of the U.S. Constitution only
D State statutes and the Due Process Clause of the U.S. Constitution (LONG-ARM STATUTES)
D.
Looking at state statutes (particularly the state's long arm statutes, which authorize jurisdiction
over nonresidents of the state in certain circumstances) is the first step to determine if personal
, jurisdiction is authorized. States have the power to decide over whom their courts may exercise
personal jurisdiction. Additionally, even if the state statute authorizes personal jurisdiction over
a particular defendant, the exercise of personal jurisdiction also must not offend the Due
Process Clause of the U.S. Constitution. To be constitutional, the defendant must have
sufficient minimum contacts with the state such that the exercise of personal jurisdiction would
be fair and reasonable.
For a defendant to have such minimum contacts with the forum that the exercise of personal
jurisdiction over him would be fair and reasonable, the court must find:
A Only that he purposefully availed himself of that forum
B That he purposefully availed himself of that forum and it was foreseeable that his activities
would make him amenable to suit in the forum
C That he purposefully availed himself of that forum or it was foreseeable that his activities
would make him amenable to suit in the forum
D Only that it was foreseeable that his activities would make him amenable to suit in the forum
(FORUM, MINIMUM CONTACTS)
B.
Venue is _______ in a civil action in a _______.
A Improper; judicial district in which any defendant resides, if all defendants are residents of
the state in which the district is located
B Improper; judicial district in which a substantial part of the events or omissions giving rise to
the claim occurred, or a substantial part of property that is the subject of the action is situated
C Proper; judicial district in which any defendant resides, if all defendants are residents of the
state in which the district is located
D Proper; judicial district in which any defendant resides, regardless of whether all defendants
are residents of the state in which the district is located (VENUE)
C.
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Which of the following statements as to recognition of judgments is true?
A A federal court generally must recognize the judgments of a state court, but a state court
generally need not recognize the judgments of a sister state
B A state court generally does not have to recognize the judgments of either a sister state or
the federal courts
C A state court generally must recognize the judgments of a sister state and federal courts
generally must recognize judgments of state courts
D A state court generally must recognize the judgments of a sister state, but a federal court
generally does not have to recognize the judgments of a state court (FEDERAL VS. STATE
JURISDICTION)
C. Under the Full Faith and Credit Clause of the Constitution and federal statutes, a state court
generally must recognize the judgments of a sister state and federal courts generally must
recognize judgments of state courts. Recognition of judgments is required between state
courts, between state and federal courts, and between federal courts.
In state court and frequently in federal court (absent consent or waiver), personal jurisdiction is
limited by:
A State statutes, the Due Process Clause of the U.S. Constitution, and state venue rules
B State statutes only
C The Due Process Clause of the U.S. Constitution only
D State statutes and the Due Process Clause of the U.S. Constitution (LONG-ARM STATUTES)
D.
Looking at state statutes (particularly the state's long arm statutes, which authorize jurisdiction
over nonresidents of the state in certain circumstances) is the first step to determine if personal
, jurisdiction is authorized. States have the power to decide over whom their courts may exercise
personal jurisdiction. Additionally, even if the state statute authorizes personal jurisdiction over
a particular defendant, the exercise of personal jurisdiction also must not offend the Due
Process Clause of the U.S. Constitution. To be constitutional, the defendant must have
sufficient minimum contacts with the state such that the exercise of personal jurisdiction would
be fair and reasonable.
For a defendant to have such minimum contacts with the forum that the exercise of personal
jurisdiction over him would be fair and reasonable, the court must find:
A Only that he purposefully availed himself of that forum
B That he purposefully availed himself of that forum and it was foreseeable that his activities
would make him amenable to suit in the forum
C That he purposefully availed himself of that forum or it was foreseeable that his activities
would make him amenable to suit in the forum
D Only that it was foreseeable that his activities would make him amenable to suit in the forum
(FORUM, MINIMUM CONTACTS)
B.
Venue is _______ in a civil action in a _______.
A Improper; judicial district in which any defendant resides, if all defendants are residents of
the state in which the district is located
B Improper; judicial district in which a substantial part of the events or omissions giving rise to
the claim occurred, or a substantial part of property that is the subject of the action is situated
C Proper; judicial district in which any defendant resides, if all defendants are residents of the
state in which the district is located
D Proper; judicial district in which any defendant resides, regardless of whether all defendants
are residents of the state in which the district is located (VENUE)
C.
