...Inc. and LiftPoint LLC in federal district court, invoking diversity jurisdiction. Amara has lived in State A for six years, owns a home there, votes there, and intends to remain there. Delta Drones is incorporated in S...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
A plaintiff files a state-law negligence action in State A court. Complete diversity and the amount in controversy are present, but one properly joined and served defendant is a citizen of State A. Which statement best d...
Citations: 28 U.S.C. 1441(b)(2)
A plaintiff invokes diversity jurisdiction in a case with two plaintiffs and three defendants. Which statement best describes complete diversity? The correct answer states the complete-diversity requirement. 28 U.S.C. 13...
Citations: 28 U.S.C. 1332, Strawbridge v. Curtiss
...hould the federal court remand? Discuss. This essay combines original jurisdiction, removal procedure, forum-defendant rule, and remand timing. 28 U.S.C. 1441, 28 U.S.C. 1446, 28 U.S.C. 1447
Citations: 28 U.S.C. 1441, 28 U.S.C. 1446, 28 U.S.C. 1447
...e citizenship and amount allegations and ordered the parties to brief subject matter jurisdiction. Both parties ask the court to keep the case, arguing that Atlas consented, that no one objected earlier, and that dismiss...
Citations: Fed. R. Civ. P. 12(h)(3), 28 U.S.C. 1447(c)
A federal case is in court solely on diversity jurisdiction. The plaintiff wants to assert a related state-law claim against a nondiverse party joined under Rule 14. Which supplemental jurisdiction rule is most relevant?...
Citations: 28 U.S.C. 1367(b)
..., no diversity jurisdiction, and no other statutory basis for federal subject matter jurisdiction. Both parties want to stay in federal court. Which statement is most accurate? The correct answer states the core rule for...
Citations: Fed. R. Civ. P. 12(h)(3)
...vil-rights claim. Owen moves to dismiss the battery claim for lack of subject matter jurisdiction, and City Bus moves to dismiss the unrelated bus-accident claim. Leah argues that all claims may stay because they involve...
Citations: 28 U.S.C. 1367, United Mine Workers v. Gibbs
A defendant wants to remove a removable state-court case to federal court. Where is removal generally filed? The correct answer states the basic removal destination rule. 28 U.S.C. 1441(a)
Citations: 28 U.S.C. 1441(a)
...ses? The correct answer states the LLC citizenship rule for diversity jurisdiction. Carden v. Arkoma Associates, Section 1332 diversity principles
Citations: Carden v. Arkoma Associates, Section 1332 diversity principles
A plaintiff sues one diverse defendant, asserting a $50,000 contract claim and a $30,000 tort claim. Which statement best describes the amount in controversy? The correct answer states the common aggregation rule for...
Citations: 28 U.S.C. 1332(a)
...ed federal defense is invalid. Northstar moves to dismiss for lack of subject matter jurisdiction. Riley argues that the case belongs in federal court because the dispute will turn on the meaning of federal Medicare regu...
Citations: 28 U.S.C. 1331, Louisville & Nashville Railroad Co. v. Mottley, Skelly Oil Co. v. Phillips Petroleum Co.
...accurate? The correct answer states the most common federal question jurisdiction trap. 28 U.S.C. 1331, Louisville & Nashville Railroad Co. v. Mottley
Citations: 28 U.S.C. 1331, Louisville & Nashville Railroad Co. v. Mottley
A corporation incorporated in State A has its headquarters and executive offices in State B. What is the corporation's citizenship for diversity purposes? The correct answer states the corporate citizenship rule. 28 U...
Citations: 28 U.S.C. 1332(c)(1), Hertz Corp. v. Friend
...same workplace incident. Which statement best describes supplemental jurisdiction over the state claim? The correct answer states the basic supplemental jurisdiction power. 28 U.S.C. 1367(a), United Mine Workers v. Gibb
Citations: 28 U.S.C. 1367(a), United Mine Workers v. Gibbs
...hout him and that joining him would destroy diversity. The brother is subject to service but refuses to appear voluntarily. How should the federal court analyze the motion? Discuss whether the brother is a required party...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
...ck venue provision allows suit in any district where any defendant is subject to personal jurisdiction. When does that fallback provision apply? The correct answer states when the fallback venue provision matters. 28 U.S...
Citations: 28 U.S.C. 1391(b)(3)
...due process permits. AlpineGear moves to dismiss for lack of personal jurisdiction. Should State L be able to exercise specific personal jurisdiction over AlpineGear? Discuss. This essay tests stream-of-commerce jurisdic...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...ent service of process, failure to join a required party, and lack of subject-matter jurisdiction. The plaintiff argues that all defenses are waived because they were not included in the first motion. The corporation res...
Citations: Fed. R. Civ. P. 12(b), Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
...ive liability, claims by the plaintiff and third-party defendant, and subject-matter jurisdiction. This essay focuses on the key Rule 14 bar-exam distinctio...
Citations: Fed. R. Civ. P. 14, Fed. R. Civ. P. 13, 28 U.S.C. 1367
ForeignCo is not subject to personal jurisdiction in any individual state, but it has extensive contacts with the United States as a whole. Plaintiff brings a federal statutory claim against ForeignCo in federal court. W...
Citations: Federal Rule of Civil Procedure 4(k)(2)
...stion tests mitigation of damages after a negligence injury. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...s question tests statutory immunity as a negligence defense. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ts the basic role of no-fault grounds in modern divorce law. NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 305
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 305
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