Multistate Bar Exam Civil Procedure 3 — Questions and Answers
Question 1: A plaintiff's complaint alleges facts that, if true, would establish both a federal statutory claim and a related state law claim. The federal court has original jurisdiction over the federal claim. Under 28 U.S.C. § 1367, what is the court's authority over the state claim?
- The court must dismiss the state claim for lack of jurisdiction
- The court has supplemental jurisdiction over the state claim if it shares a common nucleus of operative fact (Correct answer)
- The court may hear the state claim only if independent diversity jurisdiction exists
- The court has discretion to hear the state claim regardless of factual overlap
Correct answer: The court has supplemental jurisdiction over the state claim if it shares a common nucleus of operative fact
Under § 1367(a), federal courts have supplemental jurisdiction over state claims that share a common nucleus of operative fact with a claim over which the court has original jurisdiction.
Question 2: A defendant timely removes a case from state court to federal court. The plaintiff believes removal was improper. Under 28 U.S.C. § 1447(c), the plaintiff must file a motion to remand based on a defect in removal procedure within:
- 14 days of removal
- 21 days of removal
- 30 days of removal (Correct answer)
- 60 days of removal
Correct answer: 30 days of removal
Under § 1447(c), a motion to remand based on any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal.
Question 3: A plaintiff fails to comply with a court order requiring production of documents. The opposing party moves for sanctions under FRCP 37. Which of the following sanctions is NOT available under Rule 37(b)?
- Striking the disobedient party's pleadings
- Holding the disobedient party in contempt
- Directing that certain facts be taken as established
- Awarding punitive damages to the opposing party (Correct answer)
Correct answer: Awarding punitive damages to the opposing party
Rule 37(b) sanctions include striking pleadings, contempt, deeming facts established, and dismissal, but punitive damages are not among the authorized sanctions.
Question 4: Two plaintiffs from State A sue a defendant from State B in federal court, seeking $50,000 each. Is diversity jurisdiction satisfied?
- Yes, because complete diversity exists between the parties
- No, because no single plaintiff's claim meets the $75,000 threshold (Correct answer)
- Yes, because the claims can be aggregated to exceed $75,000
- No, because multiple plaintiffs cannot join in a diversity suit
Correct answer: No, because no single plaintiff's claim meets the $75,000 threshold
In cases with multiple plaintiffs, each plaintiff must independently satisfy the $75,000 amount-in-controversy requirement; claims of different plaintiffs cannot be aggregated to meet the threshold.
Question 5: A defendant answers a complaint but fails to raise the defense of insufficient service of process. Under FRCP 12(h)(1), what is the consequence?
- The court must dismiss the case sua sponte
- The defense is waived (Correct answer)
- The defendant may raise it in a later motion
- The defense survives until trial
Correct answer: The defense is waived
Under FRCP 12(h)(1), the defenses of lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process are waived if not included in the first responsive pleading or a pre-answer motion.
Question 6: A federal court dismisses a plaintiff's complaint for failure to state a claim under FRCP 12(b)(6). The plaintiff appeals. What standard of review does the appellate court apply?
- Abuse of discretion
- Clearly erroneous
- De novo (Correct answer)
- Substantial evidence
Correct answer: De novo
Appellate courts review a district court's grant of a Rule 12(b)(6) motion de novo because it involves a purely legal question of whether the complaint states a cognizable claim.
Question 7: A plaintiff wins at trial and is awarded damages. The defendant files a notice of appeal. To prevent enforcement of the judgment during the appeal, what must the defendant typically do?
- File an automatic stay request with the trial court
- Post a supersedeas bond in the amount of the judgment (Correct answer)
- Demonstrate a likelihood of success on the merits
- File the appeal within 14 days of the judgment
Correct answer: Post a supersedeas bond in the amount of the judgment
Under FRCP 62(b), a party may obtain a stay of judgment enforcement pending appeal by posting a supersedeas bond, typically in the amount of the judgment plus anticipated costs.
Multistate Bar Exam Civil Procedure 3
A plaintiff's complaint alleges facts that, if true, would establish both a federal statutory claim and a related state law claim.
The federal court has original jurisdiction over the federal claim.
Under 28 U.S.C. § 1367, what is the court's authority over the state claim?