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Civil Procedure

Civil Procedure MBE Outline

I. Jurisdiction

  • Subject Matter Jurisdiction (SMJ):

  • Federal Question: Arises under US Constitution/Laws.

  • Diversity: Complete diversity of citizenship

  • Amount in controversy > $75,000.
  • Personal Jurisdiction: Minimum contacts such that the suit does not offend traditional notions of fair play and substantial justice.

II. Venue

  • Proper where any defendant resides (if all in same state) or where a substantial part of the events occurred.

III. Joinder

  • Permissive Joinder: Parties may join if claims arise out of the same transaction/occurrence and share common questions of law/fact.
  • Supplemental Jurisdiction: Allows court to hear claims that do not independently meet SMJ requirements if they share a common nucleus of operative fact.
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