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MBE Civil Procedure: outline, rules sheet, and 100 practice questions

Everything the MBE tests in Civil Procedure: a full outline, a rules sheet, 100 practice questions with explanations, and an attack sheet.

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What's included

MBE Civil Procedure Outline

Every Civil Procedure topic the MBE tests, rule by rule, with elements, exceptions, the traps answer choices set, and worked examples.

Civil Procedure Rules & Elements Sheet

Every rule you need for Civil Procedure in a line or two, with its elements and the exceptions that decide questions.

MBE Civil Procedure Practice Questions

100 MBE-style questions with the answer and a full explanation of why each choice is right or wrong.

Civil Procedure Attack Sheet

The order to work through a Civil Procedure question, the issues to check, and how to eliminate wrong answers fast.

Every Civil Procedure topic the MBE tests

  1. 1. Subject matter jurisdiction: federal question and diversity
  2. 2. Supplemental jurisdiction and removal
  3. 3. Personal jurisdiction
  4. 4. Service of process and notice
  5. 5. Venue, transfer, and forum non conveniens
  6. 6. The Erie doctrine
  7. 7. Pleadings and Rule 11
  8. 8. Joinder of claims and parties
  9. 9. Class actions, interpleader, and intervention
  10. 10. Discovery
  11. 11. Pretrial motions and summary judgment
  12. 12. Jury trial and verdicts
  13. 13. Post-trial motions and appeals
  14. 14. Claim and issue preclusion

Ready to start?

Everything the MBE tests in Civil Procedure: a full outline, a rules sheet, 100 practice questions with explanations, and an attack sheet.

MBE Civil Procedure Pack

$29.00

One-time purchase. 4 PDFs, yours to keep.

Try an MBE Civil Procedure question

1. Plaintiff, a citizen of Michigan, sued Defendant, a citizen of Ohio, in Michigan state court seeking $500,000 in damages for breach of a contract for the sale of goods. The contract was fully performed and the dispute is purely contractual, arising from no federal statute. Defendant filed a motion to remove the case to federal court. Plaintiff opposes removal, arguing there is no federal question jurisdiction. Will the federal court dismiss the case for lack of subject matter jurisdiction?

  1. (A) No, because the parties are diverse citizens and the amount in controversy exceeds $75,000.
  2. (B) Yes, because there is no federal question and the contract was fully performed.
  3. (C) Yes, because Plaintiff's choice of state court should be respected when no federal law is implicated.
  4. (D) No, because Defendant, as the party seeking removal, has the burden of proving the amount in controversy is satisfied.
Show answer

A. Federal courts have original jurisdiction over state-law claims between citizens of different states when the amount in controversy exceeds $75,000, so this case is removable even though no federal question exists. The argument that there is no federal question and the contract was fully performed is wrong because diversity is an independent basis of jurisdiction, and full performance is irrelevant to jurisdiction. The plaintiff's choice of a state forum does not defeat a defendant's statutory right to remove a case within original federal jurisdiction. Although the removing party does bear the burden of establishing jurisdiction, that burden does not itself confer jurisdiction; diversity and amount do.

More free MBE Civil Procedure practice questions · MBE Civil Procedure study guide