Multistate Essay Examination (MEE) 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 Essay Examination (MEE), not a summary of it.

1. 1

   Jurisdiction and Venue

   4 topics

   • Subject Matter Jurisdiction
     • Federal question and well-pleaded complaint
     • Diversity and amount in controversy
     • Supplemental jurisdiction and removal
   • Personal Jurisdiction
     • Minimum contacts and purposeful availment
     • General vs. specific jurisdiction
     • Long-arm statutes
   • Venue, Transfer, and Forum Non Conveniens
   • Service of Process and Notice
2. 2

   Pleadings and Parties

   4 topics

   • Pleading Standards
     • Plausibility under Twombly and Iqbal
     • Rule 12 motions and waiver
   • Amendments and Relation Back
   • Counterclaims, Cross-claims, and Joinder
     • Compulsory vs. permissive
     • Impleader, interpleader, and intervention
   • Class Actions
3. 3

   Discovery and the Erie Doctrine

   4 topics

   • Scope and Proportionality of Discovery
   • Discovery Devices and Sanctions
   • Privileges and Work Product
   • Erie Doctrine
     • Substance vs. procedure
     • Hanna and the Rules Enabling Act
4. 4

   Adjudication, Judgments, and Appeals

   4 topics

   • Resolution Without Trial
     • Summary judgment
     • Dismissals and default
   • Trial Process
     • Right to jury trial
     • Judgment as a matter of law and new trial
   • Preclusion
     • Claim preclusion (res judicata)
     • Issue preclusion (collateral estoppel)
   • Appeals and the Final Judgment Rule

Civil Procedure flashcards for Multistate Essay Examination (MEE)

22 of 69 cards from the Civil Procedure deck — real questions with worked answers.

1. What are the two types of federal subject matter jurisdiction, and can parties waive the requirement?

   Federal courts have (1) federal question jurisdiction and (2) diversity jurisdiction. Subject matter jurisdiction can NEVER be waived; it may be raised at any time by any party or the court sua sponte, even on appeal.

2. State the 'well-pleaded complaint rule' for federal question jurisdiction.

   Federal question jurisdiction exists only when a federal issue appears on the face of the plaintiff's well-pleaded complaint. 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 of citizenship — no plaintiff may share citizenship with any defendant; and (2) the amount in controversy must EXCEED $75,000 (more than, not equal to).

4. How is the citizenship of a corporation determined for diversity purposes?

   A corporation is a citizen of BOTH (1) every state/country of incorporation and (2) the one state/country of its principal place of business (its 'nerve center' — where officers direct, control, and coordinate activities).

5. How is the citizenship of an individual determined for diversity, and what is domicile?

   An individual is a citizen of the state of their domicile. Domicile = physical presence in a state PLUS the intent to remain indefinitely. A person has only one domicile, which persists until a new one is established.

6. How is the citizenship of a partnership, LLC, or other unincorporated association determined?

   An unincorporated association (partnership, LLC) is a citizen of EVERY state in which any of its members/partners is a citizen.

7. When may a plaintiff aggregate claims to meet the amount in controversy requirement?

   A single plaintiff may aggregate ALL claims against a single defendant (even unrelated ones). Multiple plaintiffs may NOT aggregate, and claims against multiple defendants may not be aggregated — unless the claim is for a joint/common undivided interest.

8. What is supplemental jurisdiction and its core test?

   Under 28 U.S.C. § 1367, a federal court with original jurisdiction over one claim may hear additional claims that form part of the same case or controversy (i.e., arise from a common nucleus of operative fact).

9. What is the key limitation on supplemental jurisdiction in DIVERSITY cases?

   § 1367(b) bars supplemental jurisdiction over claims by PLAINTIFFS against parties joined under Rules 14, 19, 20, or 24 when doing so would destroy complete diversity. It does not bar claims by defendants or counterclaims.

10. What are the requirements for removal jurisdiction, and what is the in-state-defendant rule?

    A defendant may remove a case the plaintiff could have brought in federal court. All defendants must consent, and removal must occur within 30 days. In DIVERSITY-only cases, removal is barred if any defendant is a citizen of the forum state (the 'forum defendant rule').

11. What is the constitutional standard for personal jurisdiction (the two-part test)?

    There must be (1) minimum contacts between the defendant and the forum such that exercising jurisdiction (2) does not offend traditional notions of fair play and substantial justice (International Shoe).

12. Distinguish general (all-purpose) from specific (case-linked) personal jurisdiction.

    General jurisdiction allows suit on ANY claim where the defendant is 'at home' (domicile for individuals; place of incorporation and principal place of business for corporations). Specific jurisdiction requires the claim to arise out of or relate to the defendant's contacts with the forum.

13. What are the three components of the minimum-contacts analysis for specific jurisdiction?

    (1) Purposeful availment — defendant deliberately targeted the forum or availed itself of its benefits; (2) Relatedness — the claim arises out of or relates to those contacts; and (3) Fairness/reasonableness (fair play and substantial justice).

14. List the traditional bases of personal jurisdiction that satisfy due process without minimum-contacts analysis.

    (1) Domicile/at-home in the forum; (2) consent (including appearance/litigating without objecting); (3) physical presence/in-state personal service ('tag' jurisdiction); and waiver.

15. What factors are weighed in the 'fairness' prong of personal jurisdiction?

    Burden on the defendant, the forum state's interest, the plaintiff's interest in convenient relief, the interstate judicial system's interest in efficiency, and the shared interest of states in social policies.

16. In a federal diversity case, what is the default reach of personal jurisdiction?

    Under Rule 4(k)(1)(A), a federal court generally has personal jurisdiction to the same extent as a court of the state in which it sits — so the relevant state's long-arm statute plus the constitutional due process limit apply.

17. State the general federal venue rule 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 or omissions giving rise to the claim occurred (or where the property is located).

18. Where does a corporate or entity defendant 'reside' for venue purposes?

    An entity defendant resides in any district where it is subject to personal jurisdiction with respect to the action. A natural person resides in the district of their domicile.

19. Compare transfer under § 1404(a) with transfer under § 1406(a).

    § 1404(a): transfer for convenience when the original venue is PROPER (court has discretion based on convenience and justice). § 1406(a): transfer or dismissal when the original venue is IMPROPER.

20. What choice-of-law rule applies after a § 1404(a) transfer initiated by the plaintiff vs. defendant?

    For § 1404(a) transfers (proper venue), the transferee court applies the choice-of-law rules of the transferor (original) court — preserving the parties' substantive expectations. For § 1406(a) transfers (improper venue), the transferee court applies its own state's choice-of-law rules.

21. What is forum non conveniens and how does it differ from transfer?

    Forum non conveniens is DISMISSAL (not transfer) of a case so it can be heard in a far more convenient forum — typically a foreign country or another court system to which transfer is impossible. The court weighs private and public interest factors, with deference to the plaintiff's choice.

22. What does Rule 4 service of process require, and what is the time limit?

    Service requires delivery of a summons and a copy of the complaint. Under Rule 4(m), service must be made within 90 days of filing the complaint, or the court may dismiss without prejudice or order service within a specified time.

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