CIVIL PROCEDURE

Question 1

PERSONAL JURISDICTOION

Personal jurisdiction is tested approximately once every five years on the MEE. There is a trend toward testing specific personal jurisdiction. Personal jurisdiction has to do with what is fair to the defendant.

Answer 1

• Personal jurisdiction can be general (obtained by consent, presence, or domicile) or specific.
• If the MEE fact pattern discusses a case that takes place in a federal court, start your essay as follows: “Federal district courts may exercise personal jurisdiction to the same extent as the courts of general jurisdiction of the state in which the district court sits.”
• If the issue is specific personal jurisdiction, state: “State courts of general jurisdiction may exercise personal jurisdiction over nonresident defendants to the extent authorized by both the state’s long-arm statute and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution.” Then state: “The Due Process Clause of the Fourteenth Amendment permits states to assert personal jurisdiction over nonresident defendants who have established minimum contacts with the state such that the exercise of personal jurisdiction would not offend traditional notions of fair play and substantial justice.” Look for “purposeful availment” of the benefits and protections of the state. Then, examine the quality of the contacts with the state.

Question 2

SUBJECT MATTER JURISDCITION

Answer 2

Subject-matter jurisdiction (SMJ) is the power of a court to hear a certain type of case. Federal courts are courts of limited jurisdiction—that is, they can only hear certain types of cases. When SMJ is tested, the issues have been predictable. There are three categories of SMJ that are tested:
1. Federal Question
2. Diversity Jurisdcition
3. Supplemental Jurisdcition

Question 3

FEDERAL QUESTION JURISDICTION

Answer 3

The federal question must appear on the face of the plaintiff’s well-pleaded complaint. It cannot appear in the answer. Further, the plaintiff cannot merely anticipate a federal defense in its complaint. (On the MEE, this has virtually always been tested with personal jurisdiction. And, the issue has always been the well-pleaded complaint rule!)

Question 4

DIVERSITY JURISDICTION

Answer 4

Cases may be brought under diversity jurisdiction only if two requirements are met: (1) there must be complete diversity of citizenship between the plaintiffs and defendants, and (2) the amount in controversy must be over $75,000.00. Note that “complete diversity” is not required for class actions; rather, minimal diversity suffices.

Question 5

SUPPLEMENTAL JURISDICTION

Answer 5

This is an issue when there is a jurisdictional basis for one claim but not the other (e.g., a plaintiff brings a federal question claim and tacks on a related state claim). Remember that a plaintiff cannot use supplemental jurisdiction to add a claim against a nondiverse party if the sole basis for SMJ is diversity.

Question 6

WHERE IS VENUE PROPER

When venue is tested, the MEE tends to test general rules. It is important, however, to be well aware of “transfer to a more appropriate forum” since this issue is tested regularly.

Answer 6

Venue is proper in a district where (1) any defendant resides if all defendants reside in the same state, (2) in a district where a substantial part of the events or omissions giving rise to the claim occurred, or (3) a substantial part of property that is subject to the action is situated. (There are also narrow fallback rules which, so far, have not been emphasized on the MEE.)

Question 7

SUMMARY JUDGMENT

Answer 7

• Start your essay as follows: “Federal Rule of Civil Procedure 56(a) allows a summary judgment motion to be granted only if there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.” Note that “a motion for summary judgment may be supported by depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory answers, or other materials.”
• The moving party must produce evidence to show there is no genuine issue of material fact. The burden then shifts to the nonmoving party, which must then produce evidence to show that there is a genuine issue of material fact for trial. The motion is looked at in the light most favorable to the nonmoving party.

Question 8

EXCEPTIONS TO FINAL JUDGMENT

Note that final judgments are generally appealable and non-final judgments are generally not appealable. However, the MEE tends to test the exceptions!

Answer 8

Exceptions include when there are final orders in cases involving multiple claims and multiple parties and some are still pending—the other parties may be able to appeal their orders; orders involving injunctions, garnishments, and other temporary remedies; interlocutory orders by leave; and orders constituting a final judgment on collateral matters.

Question 9

ISSUE & CLAIM PRECLUSION

be aware of issue and claim preclusion.

Answer 9

• Issue preclusion: issues that were actually litigated and decided and essential to the judgment in a
  previous case cannot be litigated again
• Claim preclusion: a claim that has been litigated to a final judgment on the merits cannot be relitigated
  by the parties (or their privies).