Uniform Bar Examination (UBE) 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 Uniform Bar Examination (UBE), not a summary of it.

1. 1

   Jurisdiction and Venue

   4 topics

   • Subject-Matter Jurisdiction
     • Federal question jurisdiction and the well-pleaded complaint rule
     • Diversity jurisdiction: complete diversity and amount in controversy
     • Supplemental jurisdiction under 28 U.S.C. 1367
     • Removal and remand procedures
   • Personal Jurisdiction
     • Traditional bases: presence, domicile, consent
     • Minimum contacts and purposeful availment
     • General vs. specific (case-linked) jurisdiction
     • Long-arm statutes and constitutional due process limits
   • Venue, Transfer, and Forum Non Conveniens
     • Proper venue under 28 U.S.C. 1391
     • Transfer for convenience and in the interest of justice
     • Forum non conveniens dismissal
   • Service of Process and Notice
     • Methods of service under Rule 4
     • Constitutional notice requirements (Mullane standard)
2. 2

   Pleadings, Joinder, and Discovery

   4 topics

   • Pleadings and Motions
     • Complaint and plausibility pleading standard (Twombly/Iqbal)
     • Rule 12 defenses and motions
     • Amendments and relation back
     • Rule 11 sanctions
   • Joinder of Claims and Parties
     • Permissive and compulsory counterclaims and crossclaims
     • Required and permissive joinder of parties
     • Impleader, interpleader, and intervention
   • Class Actions
     • Rule 23(a) prerequisites
     • Types of class actions under Rule 23(b)
   • Discovery
     • Scope, relevance, and proportionality
     • Discovery devices: depositions, interrogatories, requests
     • Work-product doctrine and privilege
     • Discovery sanctions and protective orders
3. 3

   Adjudication and Appellate Review

   4 topics

   • Pretrial Adjudication
     • Summary judgment standard under Rule 56
     • Voluntary and involuntary dismissal
     • Default judgments
   • Trial Process
     • Right to jury trial (Seventh Amendment)
     • Judgment as a matter of law and renewed motions
     • Motion for new trial
   • Preclusion Doctrines
     • Claim preclusion (res judicata)
     • Issue preclusion (collateral estoppel)
     • Mutuality and nonmutual estoppel
   • Appellate Review and the Erie Doctrine
     • Final judgment rule and interlocutory appeals
     • Standards of appellate review
     • Erie doctrine and choice of law in federal court

Civil Procedure flashcards for Uniform Bar Examination (UBE)

22 of 64 cards from the Civil Procedure deck — real questions with worked answers.

1. What are the two primary bases of federal subject-matter jurisdiction?

   Federal question jurisdiction (28 U.S.C. 1331) over claims arising under federal law, and diversity jurisdiction (28 U.S.C. 1332) over disputes between citizens of different states (or a citizen and an alien) where the amount in controversy exceeds $75,000.

2. Under the well-pleaded complaint rule, when does a case 'arise under' federal law for 1331 purposes?

   A federal question must appear on the face of the plaintiff's properly pleaded complaint as an essential element of the claim. An anticipated federal defense or a federal counterclaim does not create federal question jurisdiction.

3. What does complete diversity require under 1332, and whose rule is it?

   Complete diversity (Strawbridge v. Curtiss) requires that no plaintiff share state citizenship with any defendant. Diversity is determined at the time the action is filed.

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

   An individual is a citizen of their domicile (residence plus intent to remain). A corporation is a citizen of every state/country of incorporation AND its one principal place of business (nerve center). An unincorporated association (e.g., partnership/LLC) takes the citizenship of all of its members.

5. What is the amount-in-controversy requirement for diversity, and may a single plaintiff aggregate claims?

   The amount must exceed $75,000 (more than, not equal to). A single plaintiff may aggregate all claims against a single defendant, even unrelated ones; claims against multiple defendants generally cannot be aggregated unless they are jointly liable.

6. What is supplemental jurisdiction and what is its core requirement under 28 U.S.C. 1367(a)?

   Supplemental jurisdiction lets a federal court hear additional claims that lack independent jurisdiction if they share a common nucleus of operative fact with an anchor claim (forming part of the same case or controversy under Article III).

7. What is the diversity-spoiler limitation on supplemental jurisdiction under 1367(b)?

   In cases founded solely on diversity, a plaintiff cannot use supplemental jurisdiction to assert claims against parties joined under Rules 14, 19, 20, or 24 if doing so would destroy complete diversity. This preserves the complete-diversity requirement.

8. Compare original federal jurisdiction with removal jurisdiction.

   Original jurisdiction is the plaintiff's right to file in federal court. Removal (28 U.S.C. 1441) lets a defendant move a case from state to federal court if the federal court would have had original jurisdiction; in diversity cases, removal is barred if any defendant is a citizen of the forum state (the forum-defendant rule).

9. What is the procedure and key deadline for removal?

   A defendant files a notice of removal in federal court within 30 days of receiving the initial pleading. All defendants must consent. A motion to remand for a defect other than subject-matter jurisdiction must be made within 30 days of removal; lack of subject-matter jurisdiction can be raised anytime, and diversity cases cannot be removed more than one year after commencement (absent bad faith).

10. State the constitutional standard for personal jurisdiction from International Shoe.

    A defendant must have such minimum contacts with the forum state that exercising jurisdiction does not offend traditional notions of fair play and substantial justice.

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

    General jurisdiction allows any claim against a defendant 'at home' in the forum (individual's domicile; corporation's place of incorporation and principal place of business). Specific jurisdiction requires that the claim arise out of or relate to the defendant's purposeful contacts with the forum.

12. What three components make up the modern specific personal jurisdiction analysis?

    (1) Purposeful availment/minimum contacts (defendant deliberately targeted the forum and could foresee being sued there); (2) Relatedness (the claim arises out of or relates to those contacts); and (3) Fair play and substantial justice (reasonableness).

13. List the Burger King reasonableness factors for personal jurisdiction.

    (1) Burden on the defendant; (2) Forum state's interest; (3) Plaintiff's interest in convenient relief; (4) Interstate judicial system's interest in efficiency; and (5) Shared interest of the states in furthering substantive social policies.

14. What are the traditional bases for personal jurisdiction that satisfy due process without a minimum-contacts analysis?

    Domicile (for individuals), consent, presence in the forum when personally served with process (transient/'tag' jurisdiction, upheld in Burnham), and voluntary appearance.

15. What is a long-arm statute and how does it interact with constitutional limits?

    A long-arm statute is the state law authorizing courts to reach out-of-state defendants. A court must satisfy both the long-arm statute AND the constitutional due process minimum-contacts test. Some states' long-arm statutes extend to the full constitutional limit.

16. Distinguish in personam, in rem, and quasi in rem jurisdiction.

    In personam is jurisdiction over the person/defendant. In rem adjudicates rights in property against the whole world. Quasi in rem adjudicates rights in property between particular parties; after Shaffer v. Heitner, quasi in rem still requires minimum contacts.

17. What is the general federal venue statute and where is venue proper under 28 U.S.C. 1391?

    Venue is proper in (1) a district where any defendant resides, if all defendants reside in the same state; or (2) a district where a substantial part of the events or omissions giving rise to the claim occurred (or where property is situated); or (3) if neither applies, a fallback district where any defendant is subject to personal jurisdiction.

18. How is residence for venue determined for an individual versus an entity defendant?

    An individual resides in the district of their domicile. An entity defendant resides in any district where it is subject to personal jurisdiction with respect to the action. A plaintiff entity resides only at its principal place of business.

19. Compare transfer under 28 U.S.C. 1404(a) with transfer under 1406(a).

    1404(a) transfers a case from a proper venue to another proper, more convenient venue (for convenience of parties/witnesses and interest of justice). 1406(a) transfers or dismisses a case filed in an improper venue, sending it to a proper one.

20. Which forum's choice-of-law rules apply after a 1404(a) transfer in a diversity case?

    Under Van Dusen v. Barrack, the transferee court applies the choice-of-law rules of the transferor court when the transfer is for convenience under 1404(a). Under 1406(a) (improper original 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 lets a court dismiss (not transfer) a case when a far more appropriate forum exists abroad or in a state court that the federal transfer statutes cannot reach. The court weighs private interest factors (access to evidence, witnesses) and public interest factors (court congestion, local interest, applicable law).

22. What does Federal Rule 4 require for a valid service of process and what must be served?

    Service delivers a summons and a copy of the complaint to the defendant. Rule 4 governs methods, including personal delivery, leaving copies at the defendant's dwelling with a person of suitable age and discretion residing there, delivery to an authorized agent, or any method allowed by the law of the state where the court sits or where service is made.

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