Multistate Bar Examination (MBE) Civil Procedure Syllabus

Civil Procedure syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Civil Procedure in Multistate Bar Examination (MBE), not a summary of it.

1. 1

   Subject Matter Jurisdiction and Removal

   4 topics

   • Federal Question Jurisdiction
     • Well-pleaded complaint rule
     • Arising under federal law
   • Diversity Jurisdiction
     • Complete diversity and citizenship of parties
     • Amount in controversy and aggregation
   • Supplemental Jurisdiction
     • Common nucleus of operative fact
     • Limits in diversity cases
   • Removal and Remand
     • Removal procedure and timing
     • Grounds for remand
2. 2

   Personal Jurisdiction, Venue, and Notice

   3 topics

   • Personal Jurisdiction
     • Traditional bases and long-arm statutes
     • Minimum contacts and purposeful availment
     • General vs. specific jurisdiction
     • Stream of commerce and fair play
   • Service of Process and Notice
     • Constitutional notice requirements
     • Methods of service under Rule 4
   • Venue and Transfer
     • Proper venue
     • Transfer of venue and forum non conveniens
3. 3

   Pleadings, Joinder, and Parties

   3 topics

   • Pleadings
     • Complaint and pleading standards (Twombly/Iqbal)
     • Answer, affirmative defenses, and counterclaims
     • Amendments and relation back
     • Rule 11 sanctions
   • Joinder of Claims and Parties
     • Permissive and compulsory joinder
     • Counterclaims and cross-claims
     • Impleader, interpleader, and intervention
   • Class Actions
     • Rule 23 prerequisites
     • Types of class actions and certification
4. 4

   Discovery and Pretrial Procedure

   3 topics

   • Scope of Discovery
     • Relevance and proportionality
     • Privilege and work-product protection
     • Expert discovery
   • Discovery Devices
     • Depositions and interrogatories
     • Requests for production and admissions
     • Physical and mental examinations
   • Discovery Disputes and Sanctions
     • Required disclosures
     • Motions to compel and sanctions
5. 5

   Adjudication, Trial, and Appeals

   3 topics

   • Resolution Without Trial
     • Dismissals: voluntary and involuntary
     • Summary judgment standard
     • Default judgments
   • Trial Procedure
     • Right to jury trial
     • Judgment as a matter of law
     • Jury instructions and verdicts
     • Motion for new trial
   • Appellate Review
     • Final judgment rule and interlocutory appeals
     • Standards of review
6. 6

   Preclusion and the Erie Doctrine

   3 topics

   • Claim Preclusion (Res Judicata)
     • Same claim and final judgment on the merits
     • Identity of parties
   • Issue Preclusion (Collateral Estoppel)
     • Actually litigated and necessarily decided
     • Mutuality and nonmutual estoppel
   • The Erie Doctrine
     • Substance vs. procedure
     • Application of state and federal law in diversity

Civil Procedure flashcards for Multistate Bar Examination (MBE)

22 of 58 cards from the Civil Procedure deck — real questions with worked answers.

1. What is the statutory basis and core requirement for federal question jurisdiction?

   28 U.S.C. § 1331 gives district courts original jurisdiction over civil actions 'arising under' the Constitution, laws, or treaties of the United States. The federal issue must appear on the face of the plaintiff's well-pleaded complaint.

2. What is the 'well-pleaded complaint rule' for federal question jurisdiction?

   The federal question must be part of the plaintiff's own properly pleaded claim. An anticipated federal defense or a federal counterclaim does NOT create federal question jurisdiction.

3. What are the two requirements for diversity jurisdiction under 28 U.S.C. § 1332?

   (1) Complete diversity—no plaintiff may be a citizen of the same state as any defendant; and (2) the amount in controversy must EXCEED $75,000 (i.e., $75,000.01 or more).

4. How is the citizenship of an individual, a corporation, and an unincorporated association determined for diversity?

   Individual: state of domicile (residence + intent to remain). Corporation: every state/country of incorporation AND its principal place of business ('nerve center,' the corporate headquarters). Unincorporated association (e.g., partnership/LLC): citizenship of every one of its members.

5. How does the amount-in-controversy requirement work for aggregation of claims?

   A single plaintiff may aggregate all claims against a single defendant (even unrelated). Multiple plaintiffs generally CANNOT aggregate separate claims, and one plaintiff cannot aggregate against multiple defendants—unless the claim involves a common, undivided interest (joint liability).

6. What is the 'legal certainty' test for the amount in controversy?

   The plaintiff's good-faith claim controls unless it appears to a legal certainty that the plaintiff cannot recover more than $75,000. The claim is dismissed only if it is legally certain the amount cannot be met.

7. What types of cases are barred from diversity jurisdiction even when diversity exists?

   The domestic relations exception (divorce, alimony, child custody) and the probate exception (probating a will, administering an estate) cannot be heard under diversity jurisdiction.

8. What is supplemental jurisdiction and its statutory test under 28 U.S.C. § 1367?

   It lets a federal court hear additional claims lacking independent jurisdiction if they share a 'common nucleus of operative fact' with the anchor claim (form part of the same case or controversy under Article III).

9. When does § 1367(b) bar supplemental jurisdiction in diversity-only cases?

   In cases founded solely on diversity, plaintiffs cannot use supplemental jurisdiction over claims against persons joined under Rules 14, 19, 20, or 24 if doing so would destroy complete diversity. The restriction applies only to claims BY plaintiffs.

10. When may a court decline to exercise supplemental jurisdiction (§ 1367(c))?

    When the claim raises a novel/complex issue of state law, the supplemental claim substantially predominates, all original-jurisdiction claims have been dismissed, or other compelling reasons exist.

11. What is the general rule for removal under 28 U.S.C. § 1441?

    A defendant may remove a case from state court to the federal district court embracing that location only if the case could originally have been filed in federal court (federal question or diversity). Plaintiffs cannot remove.

12. What is the 'forum defendant rule' and the one-year limit on removal in diversity cases?

    A diversity case is NOT removable if any properly joined and served defendant is a citizen of the state where the action was filed. Also, diversity cases generally cannot be removed more than one year after commencement (absent bad-faith plaintiff conduct).

13. What are the procedural deadlines and unanimity rule for removal?

    Notice of removal must be filed within 30 days after the defendant receives the first removable pleading/paper. ALL defendants who have been properly joined and served must consent to removal.

14. How and when does a plaintiff seek remand?

    A motion to remand based on a defect OTHER than subject-matter jurisdiction must be made within 30 days of the removal notice. A remand for lack of subject-matter jurisdiction may be made at any time before final judgment.

15. What are the two constitutional requirements for personal jurisdiction?

    (1) A statutory/long-arm basis authorizing jurisdiction, and (2) compliance with Due Process: the defendant must have minimum contacts with the forum such that jurisdiction does not offend traditional notions of fair play and substantial justice.

16. What is the difference between general and specific personal jurisdiction?

    General jurisdiction: defendant is 'at home' in the forum (domicile for individuals; place of incorporation and principal place of business for corporations) and can be sued for ANY claim. Specific jurisdiction: the claim arises out of or relates to the defendant's contacts with the forum.

17. What are the minimum contacts factors of purposeful availment and foreseeability?

    The defendant must purposefully avail itself of the forum (deliberately direct activity there, not random/fortuitous contact), and it must be foreseeable that the defendant could be haled into court there. Relatedness between the contact and the claim is also required for specific jurisdiction.

18. What is the basis for jurisdiction under Pennoyer/transient presence and consent?

    Personal jurisdiction is proper based on the defendant's voluntary physical presence in the forum when served (transient/tag jurisdiction, per Burnham), domicile, consent (express or by appearance), or waiver.

19. Under Rule 4, who may be served and what is the deadline for service of process?

    Service must be made within 90 days of filing the complaint. An individual may be served by personal delivery, leaving copies at the dwelling with a person of suitable age/discretion residing there, delivery to an authorized agent, or by following the law of the state where the court sits or service is made.

20. What is the constitutional standard for adequate notice?

    Per Mullane, notice must be 'reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to be heard.'

21. Where is venue proper under 28 U.S.C. § 1391?

    Venue is proper in (1) any district where any defendant resides, if all defendants reside in the same state; or (2) any district where a substantial part of the events/omissions giving rise to the claim occurred (or where the property is situated). A fallback applies if neither is available.

22. What is the difference between transfer under § 1404(a) and § 1406(a)?

    § 1404(a): transfer from a proper venue to another proper venue for convenience—the transferor's choice-of-law rules follow the case. § 1406(a): transfer/dismissal when venue was improper—the transferee's law applies.

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