Civil Procedure MBE Review

Flashcards covering key Multistate Bar Exam (MBE) concepts for Civil Procedure, including jurisdiction, venue, service, joinder, class actions, and pretrial discovery.

Personal jurisdiction

The power of a court over a particular person, categorized into general jurisdiction or specific jurisdiction.

General jurisdiction

Allows a plaintiff to sue a defendant for anything generally based on consent, presence (continuous and systematic contacts or served while present), or domicile.

Domicile (Natural Person)

The state that is an individual's permanent home where she intends to stay indefinitely.

Domicile (Corporation)

The state where the entity is incorporated and where its principal place of business is located.

Domicile (Partnership or LLC)

The state(s) where its partners or members are citizens.

Specific jurisdiction

Jurisdiction where the lawsuit arises out of the defendant’s specific contacts with the state, which must be constitutional under the state constitution and the Due Process Clause requiring "minimum contacts."

Subject-matter jurisdiction

The power of the federal court to hear a certain kind of case, including federal-question and diversity jurisdiction.

Federal-question jurisdiction

Jurisdiction over cases arising out of federal law or depending on a substantial federal question, which must appear on the face of the well-pleaded complaint.

Diversity jurisdiction

Requires complete diversity between plaintiffs and defendants at the time of filing and an amount in controversy exceeding $75,000$.

Supplemental jurisdiction

Allows a federal court to hear claims lacking an independent jurisdictional basis if they arise out of a "common nucleus of operative fact" with a claim that has a jurisdictional basis.

Removal

A defendant's right to move a case to federal court within $30$ days of notice of removability, provided no defendant is domiciled in the state where the suit was filed if based on diversity.

Remand

A motion to return a case to state court due to procedure requirement failures, which must be filed by the plaintiff within $30$ days after removal.

Venue

Determines which specific court among those with power should hear a case; proper where any defendant resides (if all in one state), where substantial events occurred, or where personal jurisdiction exists.

Transfer to proper venue

When a case is filed in the wrong venue, the court may dismiss or transfer it, applying the law of the transferee court.

Transfer to more appropriate forum

Discretionary transfer for the convenience of parties/witnesses and interests of justice; the law of the transferor court applies.

Forum non conveniens

Dismissal of a case by a federal court if the interest of justice dictates it should be litigated in a different forum, such as another country.

Service of process (SAID methods)

Methods to serve an individual: State law, Agent, Individual (personal delivery), or Dwelling (suitable age/discretion resident).

Waiver of service

If a defendant waives formal service, they have $60$ days to answer the complaint instead of the standard $21$ days.

Complaint service deadline

A complaint must be served within $90$ days after it is filed.

Compulsory counterclaims

Claims the defendant must bring if they arise out of the same transaction or occurrence as the plaintiff's claim, or else the right to bring them is lost.

Crossclaims

Non-compulsory claims asserted by one party against a coparty (e.g., D v. D) that arise out of the same transaction or occurrence as the initial claim.

Impleader

A defendant adding a new party who may be liable for all or part of the recovery, usually filed within $14$ days of the answer.

Statutory interpleader

A lawsuit to join conflicting claimants to a property or fund, requiring only $500$ and minimal diversity to enter federal court.

CANT(S)

The requirements for class actions: Commonality, Adequacy, Numerosity, and Typicality.

Class Action Fairness Act (CAFA)

Grants federal jurisdiction over class actions with $100$ or more plaintiffs, an amount seeking over $5$ million, and minimal diversity.

Temporary restraining order (TRO)

A stopgap measure lasting no longer than $14$ days that does not require notice to the other party.

Preliminary injunction (HELP factors)

A measure requiring notice to the adverse party, evaluated by: Harm (irreparable), Evaluate risk, Likelihood of prevailing, and Public interest.

Discovery limits

Interrogatories ($25$ per side), Depositions ($10$ per side, $1$ per day, $7$ hours max), and Requests to admit.

Work product

Materials prepared in anticipation of litigation; not discoverable unless there is substantial need/undue hardship, though mental impressions are never discoverable.

26(f) conference (DISS disclosures)

A meeting $21$ days before the scheduling conference to outline a discovery plan and disclose Damages calculation, Insurance, Supporting witnesses, and Supporting documents.

Rule 11 sanctions safe harbor

A party moving for sanctions must give the opposing party $21$ days to withdraw the offending paper before filing the motion with the court.