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Federal and Diversity Jurisdiction: MBE Q&A, Exams of Nursing

Harvard UniversityNursing

A comprehensive q&a resource covering key aspects of federal jurisdiction and diversity jurisdiction, crucial for the multistate bar exam (mbe). it delves into topics such as federal question jurisdiction, diversity jurisdiction requirements, supplemental jurisdiction, removal, and personal jurisdiction, offering concise explanations and clarifying common misconceptions. the questions and answers are designed to aid in understanding complex legal concepts and improve exam preparation.

Typology: Exams

2024/2025

Available from 04/24/2025

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All Multistate Bar Exam (MBE) Subjects
questions and answers 2025
Federal question jurisdiction - well pleaded complaint rule - correct 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 ... - correct
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 - correct
answer ✅Exclusive:
- Bankruptcy
- Copyright and patent
- Antitrust
Concurrent: most federal law claims (e.g., Civil Rights Act, constitutional
violations)
Diversity jurisdiction requirements - correct answer ✅1. Complete diversity:
every plaintiff diverse from every defendant as of filing date
2. Amount in controversy > $75,000
Date of diversity determination - correct answer ✅Diversity is determined on the
date the complaint is filed
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Download Federal and Diversity Jurisdiction: MBE Q&A and more Exams Nursing in PDF only on Docsity!

questions and answers 2025

Federal question jurisdiction - well pleaded complaint rule - correct 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 ... - correct answer ✅1. Probate
  1. Domestic relations
  • narrow; prohibition only applies to issuance of divorce, alimony, or child custody orders Federal question jurisdiction - exclusive vs. concurrent jurisdiction - correct answer ✅Exclusive:
  • Bankruptcy
  • Copyright and patent
  • Antitrust Concurrent: most federal law claims (e.g., Civil Rights Act, constitutional violations) Diversity jurisdiction requirements - correct answer ✅1. Complete diversity: every plaintiff diverse from every defendant as of filing date
  1. Amount in controversy > $75, Date of diversity determination - correct answer ✅Diversity is determined on the date the complaint is filed

questions and answers 2025

Exceptions to complete diversity (3) - correct answer ✅1. Federal interpleader

  1. Class actions (named P's only and minimum for diversity under CAFA)
  2. Interstate mass torts Alienage jurisdiction - what diversity rules apply where one party is a non-citizen - correct answer ✅1. At least ONE party must be a citizen of a US state
  3. 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 - correct answer ✅Both:
  4. PHYSICAL presence; AND
  5. 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 - correct 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)

questions and answers 2025

Aggregating amount in controversy - correct answer ✅1. One P can aggregate claims against one D (even if factually unrelated)

  1. One P can aggregate claims against joint D's
  2. Multiple P's cannot aggregate Supplemental jurisdiction - Basic Test - correct 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 - correct answer ✅Court has DISCRETION to hear state law claims, if:
  3. Common nucleus of operative fact --> i.e., same T/O
  4. 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 - correct answer ✅1. Novel issues of state law
  5. State law claims predominate over federal law claims
  6. 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 - correct answer ✅P sues multiple D's, but only one qualifies for FQJ

questions and answers 2025

--> 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. --> P2 can get supp. jx for claim against D if CNOF How does "same transaction or occurrence" relate to "common nucleus of operative fact"? - correct 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 - correct 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) - correct 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).

questions and answers 2025

  1. 1 year limit if diversity
  2. Within 30 days of case becoming removable Removal - separate and independent federal question claim - correct answer ✅D can remove a case containing a federal question even if joined to state law claims that do not invoke diversity or supp. jx
  • Fed court severs and remands state law claims to state court ••• only D's defending FQ claim need join Removal - In-state Defendant Rule - correct answer ✅General: if removal on the basis of diversity, cannot remove if any D is from forum state NOTE: If in-state D is dismissed, OOS D's can remove within 30 days of dismissal (if not more than year since filing••) ••1-year limit may be excused if P acted in bad faith (e.g., by joining instate D just to prevent removal) Removal - amount in controversy + effect of P's complaint - correct answer ✅If P's recovery not legally limited [by state law] to amount in complaint (most states), D may be able to remove even if P claimed ≤ $75,
  • burden on D to show by preponderance of evidence that amount in controversy exceeds $75, Improper removal - Remand - correct answer ✅Plaintiff files for remand from federal court (within 30 days of removal if any reason other than SMJ)

questions and answers 2025

  • Sent back to state court if hearing at district court finds removal to be improper
  • •••only way to object to improper removal Motions to remand - timing requirements - correct answer ✅1. If removal improper based on lack of SMJ --> may file ANY time
  1. If improper for any other reason (including in-state D violation) --> within 30 days of removal Personal jurisdiction: Two-step analysis - correct answer ✅1. State statute (e.g., long-arm)
  2. Constitution (Due Process) Personal jurisdiction based on service of process in forum state - correct answer ✅Service plus even transitory presence may be sufficient for PJ
  • invalid if by fraud or force
  • most states give immunity to nonresident witnesses or parties in in-state judicial proceeding Due process - notice requirement (constitutional test) - correct answer ✅Notice "reasonably calculated to apprise the party of the action and afford her an opportunity to appear and be heard" Personal jurisdiction - Due Process analysis (3 elements) [contra long-arm statute analysis] - correct answer ✅1. Contact bw D and forum state
  • purposeful availment

questions and answers 2025

General jurisdiction - current test - correct answer ✅Where D is "at home"

  • NOT enough to have continuous and substantial contact Individual: domicile Corporation: where incorporated + PPB (principal place of business) Constitutional test for in personal jurisdiction - correct answer ✅Does D have "such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice"? In personam jurisdiction - safe harbors - correct answer ✅Individual
  1. Physical presence at time of service (must be voluntary, i.e., not judicial proceedings exception)
  2. Domicile
  3. Consent Incorporated entity
  4. State of incorporation
  5. Principal place of business Bulge provision - correct answer ✅Service of process w/in 100 miles of federal courthouse establishes PJ for purposes of:
    1. Impleading third party defendants (FRCP 14)

questions and answers 2025

  1. Joining necessary defendants (FRCP 19) In rem jurisdiction - what is it, who does it bind, what constitutional safeguards - correct answer ✅Jx over property physically located in forum state but limited to rights of parties w/ respect to that property
  • judgment binding as to disposition of property rights, but not as to parties personally
  • must provide notice + satisfy statutory requirements Quasi in rem jurisdiction - 2 types + contacts required - correct answer ✅Type 1: dispuate bw parties over rights to property within forum state
  • jx based on presence of property in state satisfies minimum contacts (i.e., connection bw claim and property) Type 2: Jx over persons where property attached—even if claim does not necessarily involve the property
  • •••will still need to satisfy minimum contacts to bind D
  • judgment as to persons (not property) but satisfaction limited to in-state property attached Process servers - qualifications - correct answer ✅Any nonparty who is at least 18
  • no special appt necessary Service of process - timing - correct answer ✅Party has 90 days to serve or judge may dismiss w/o prejudice

questions and answers 2025

"Return of service" (Def.) - correct answer ✅The person who serves process files a report with the court detailing how service was made

  • If the server was a civilian, the report is by affidavit (sworn statement, under oath) **note: If the process server fails to file, service [on D] still EFFECTIVE but might be harder [for P] to PROVE ††Service of process for in rem - correct answer ✅Diligent effort to find all claimants
  • must mail process to addresses if known
  • Notice by publication if they cannot be located Service of documents (other than initial pleading) - correct answer ✅NO formal process required
  • can deliver, mail, or even email if other party consents "Venue" refers to ... - correct answer ✅WHICH federal court a case can be heard in P may lay venue in ANY district where ... - correct answer ✅1. Any defendant resides•• (if all D's reside in same state)
  1. A substantial part of the claim arose
  2. If neither 1. nor 2. applies, any district where any D is subject to personal jx for action in question

questions and answers 2025

••if business or corporation, ANY district in which subject to personal jx for the action in question NOTE: nonresident aliens can be sued in ANY district Residence for venue purposes - correct answer ✅Individual - district of domicile Association (incorporated and unincorporated) - any district in which subject to personal jx with respect to action in question Transfer of venue where transferor court does not have PJ? - correct answer ✅Does not affect the court's power to transfer Transfer of venue - requirements of transferee venue - correct answer ✅1. Must be to a PROPER venue

  1. Must have personal jx over D ••NOTE: generally, D cannot WAIVE proper venue or personal jx for purposes of determining whether transferee venue is proper EXCEPTION: court can transfer to ANY district (even if improper) if
  2. All parties CONSENT; and
  3. Court finds GOOD CAUSE

questions and answers 2025

Improper venue - two options for the court - correct answer ✅1. Transfer - PREFERRED and will be allowed in the interest of justice; OR

  1. Dismissal ***note: transfer more appropriate except in extraordinary circumstances Forum non conveniens - state the issue + factors court considers - correct answer ✅Issue: a court outside of the judicial system is closer to the "center of gravity," i.e., "substantially more efficient, convenient, and fair"
  2. Court weighs same public and private factors as for venue transfer [flashcard 58]
  • look at where evidence, W's are located; language barrier issue
  • RARELY granted if P is citizen of forum state
  1. Other court must be available and adequate (assumption that P will sue in new forum) •••Options: Dismiss or Hold in abeyance Transfer choice of law - original venue proper vs. improper - correct answer ✅- Transferor court (including transferor's choice of law rules), if original venue was proper
  • Transferee if original venue improper **note: if enforcing a FSC, transferee court rules apply

questions and answers 2025

Erie Doctrine - choice of law analysis - correct answer ✅1. Is there federal law on point that directly conflicts with state law?

  • if so, apply the federal rule if valid (e.g., FRCP if "argably procedural")
  1. If no federal law on point, apply state law if substantive and federal law if procedural
  2. If unsure whether a law is procedural or substantive, apply 3-factor test Erie doctrine - issues that are always "substantive" - correct answer ✅1. Substantive rules, elements
  3. Statutes of limitations & tolling
  4. Burdens of proof
  5. Choice of law NOTE: class cert. rules (FRCP 23) are procedural Erie doctrine - determining whether issues are substantive or procedural (factor analysis) - correct answer ✅For issues not previously determined to be either substantive or procedural, apply one or more of below tests:
  6. Outcome determinative
  7. Balance of interests
  8. Avoid forum shopping Federal common law? - correct answer ✅No GENERAL federal common law BUT, federal common law exists for

questions and answers 2025

  1. Special damages D's response to pleading - possible responses + timing - correct answer ✅Response by:
  2. Motion; or
  3. Answer Within 21 days after service of process (or 60 days if service waived) Rule 12(b) defenses that must be included in D's first Rule 12 response (i.e., answer or Rule 12 motion) - correct answer ✅Rule 12(b) defenses: (2) lack of PJ; (3) improper venue; (4) improper process (problem with the papers); (5) improper service of process; May a court transfer for improper venue and/or lack of PJ if waived by D (i.e., by not raising in Rule 12 response) - correct answer ✅Court has discretion to transfer, but D waives transfer [as] of right When may Rule 12(b)(6) and (7) motions be raised and what are they? - correct answer ✅Anytime prior to or at trial (b)(6) - failure to state a claim (b)(7) - failure to join a necessary party

questions and answers 2025

Rule 12(b) defenses that are NOT waived if not included in D's first Rule 12 response - correct answer ✅(b)(1) lack of SMJ [contra PJ] (6) failure to state a claim (7) failure to join a necessary party Rule 12 - Grounds to dismiss the complaint - correct answer ✅1. Lack of subject matter jurisdiction

  1. Lack of personal jurisdiction••
  2. Improper venue••
  3. Insufficient process••
  4. Insufficient service of process••
  5. Failure to state claim
  6. Failure to join a necessary party ••must raise or waive Note: Insufficient process is when something is defective with the process itself, i.e., content of the summons or complaint (e.g., summons fails to name the parties or the court) [see also § 1404 transfer in the interests of justice and forum non conveniens] Motion for judgment on the pleadings (FRCP 12(c)) - correct answer ✅No material disagreement of parties, determined by judge as matter of law
  • same std as 12(b)(6)
  • timing: after pleadings are closed and before trial