Civil Procedure Final Exam Attack Checklist
Final exam attack checklist covering personal jurisdiction, subject matter jurisdiction, Erie doctrine, pleading, discovery, and preclusion.
Pre-Exam Preparation
- Map out the personal jurisdiction framework: general jurisdiction (at home — domicile, incorporation, principal place of business) vs. specific jurisdiction (minimum contacts + relatedness + reasonableness under International Shoe/Daimler/BMS)
- Memorize subject matter jurisdiction requirements: federal question (arising under, well-pleaded complaint rule), diversity (complete diversity + amount in controversy exceeds $75,000), and supplemental jurisdiction (28 USC 1367)
- Review the Erie doctrine decision tree: is there a Federal Rule of Civil Procedure on point? If yes, apply it if valid under REA. If no, apply the outcome-determinative / balance of interests / forum-shopping deterrence tests
- Outline the pleading standards: Twombly/Iqbal plausibility standard, Rule 8(a) short and plain statement, Rule 12(b)(6) motion to dismiss for failure to state a claim
- Create a chart of claim preclusion (res judicata) vs. issue preclusion (collateral estoppel) requirements and exceptions
- Review joinder rules: Rule 18 (claim joinder), Rule 19 (required joinder), Rule 20 (permissive party joinder), Rule 24 (intervention), and Rule 14 (impleader)
Issue-Spotting Checklist
- Check personal jurisdiction: does the forum state have a long-arm statute that reaches the defendant, and do minimum contacts satisfy due process?
- Analyze subject matter jurisdiction: is there federal question jurisdiction (well-pleaded complaint rule) or diversity jurisdiction (complete diversity, amount in controversy)?
- Look for supplemental jurisdiction issues under 28 USC 1367: do additional claims share a common nucleus of operative fact with the anchor claim?
- Spot removal issues: was the case removable (federal question or diversity), was it timely (30 days from service), and is the forum-defendant rule an issue?
- Check venue: is venue proper under 28 USC 1391 (where any defendant resides, where a substantial part of events occurred)?
- Identify Erie doctrine issues: in a diversity case, should the court apply state or federal law on the disputed issue?
- Look for pleading sufficiency issues: does the complaint satisfy Twombly/Iqbal plausibility, and are heightened pleading requirements triggered (Rule 9(b) for fraud)?
- Check for joinder and intervention issues: are there required parties under Rule 19, and can additional parties intervene under Rule 24?
- Identify class action issues under Rule 23: numerosity, commonality, typicality, adequacy — plus the 23(b) category (injunctive relief, limited fund, or predominance/superiority)
- Spot preclusion issues: does a prior judgment bar the current claim (claim preclusion) or estop relitigation of an issue (issue preclusion)?
Common Essay Structure (IRAC)
- Issue: Identify the specific procedural question (e.g., 'Whether the federal court has personal jurisdiction over D in this forum')
- Rule: State the governing rule with precision — cite the relevant Federal Rule, statute, or constitutional standard
- Application: Work through each requirement systematically — for personal jurisdiction, address minimum contacts, relatedness, and reasonableness in order
- Counter-arguments: Civ pro essays reward thorough analysis of both sides — argue why the motion should and should not be granted
- Procedural consequences: Discuss what happens if the motion succeeds (dismissal, transfer, remand) and what options the party has next
- Conclusion: State the likely outcome and explain which factors are most determinative
Key Rules to Memorize
- International Shoe: personal jurisdiction requires minimum contacts such that maintenance of the suit does not offend traditional notions of fair play and substantial justice
- General jurisdiction (Daimler): a corporation is 'at home' only where incorporated or where it has its principal place of business — an exceptionally high bar
- Specific jurisdiction (BMS v. Superior Court): the claim must arise out of or relate to the defendant's contacts with the forum state
- Federal question jurisdiction: the federal issue must appear on the face of the well-pleaded complaint (Louisville & Nashville RR v. Mottley)
- Diversity jurisdiction: complete diversity between all plaintiffs and all defendants, and amount in controversy must exceed $75,000 (aggregation allowed for single plaintiff only)
- Supplemental jurisdiction (28 USC 1367): federal courts may hear state claims sharing a common nucleus of operative fact, but 1367(b) limits it in diversity cases for plaintiffs adding claims against Rule 14/19/20/24 parties
- Erie doctrine: federal courts in diversity apply state substantive law and federal procedural law — the twin aims are to discourage forum shopping and avoid inequitable administration of the law
- Twombly/Iqbal: a complaint must state facts that plausibly suggest an entitlement to relief — conclusory statements and mere possibility are insufficient
- Claim preclusion (res judicata): bars relitigation when there is (1) a final judgment on the merits, (2) same parties or privies, and (3) same claim or transaction
- Issue preclusion (collateral estoppel): bars relitigation when the issue was (1) actually litigated, (2) necessarily decided, (3) essential to the prior judgment, and (4) the party had a full and fair opportunity to litigate
- Rule 19 required joinder: a party must be joined if (a) complete relief cannot be accorded without them, or (b) their absence may impair their interests or subject existing parties to inconsistent obligations
- Rule 23 class action requirements: numerosity, commonality (Wal-Mart v. Dukes — common contention capable of classwide resolution), typicality, and adequacy of representation
Last-Minute Tips
- Always analyze personal jurisdiction before subject matter jurisdiction on an exam — personal jurisdiction can be waived, but subject matter jurisdiction cannot
- For Erie questions, use the decision tree: (1) Is there a FRCP on point? Apply if constitutionally valid. (2) If no FRCP, is the state rule bound up with substantive rights? If so, apply state law
- Remember that supplemental jurisdiction under 1367(b) restricts plaintiffs (not defendants) from using supplemental jurisdiction to add certain claims in diversity cases
- When analyzing class actions, always address both Rule 23(a) requirements and the specific 23(b) category — and remember that 23(b)(3) requires predominance and superiority
- Don't forget transfer of venue under 28 USC 1404(a) as an alternative to dismissal — it preserves the action while moving it to a more convenient forum
Time Management
- Civil procedure essays often have a sequential structure (jurisdiction, then pleading, then discovery, then preclusion) — follow the procedural timeline
- Jurisdiction questions (personal and subject matter) often carry the most weight — give them adequate time even if the answer seems straightforward
- For multi-part essays, quickly identify which procedural issues are tested and allocate time accordingly — not all topics appear on every exam
- If the essay tests Erie, keep the analysis structured around the decision tree rather than free-form discussion — clarity earns more points than length