Subject Matter Jurisdiction
A plaintiff sues a defendant in federal court for breach of contract, seeking $80,000. The defendant files a counterclaim for $40,000 in damages. Plaintiff then moves to dismiss the entire case for lack of diversity jurisdiction, claiming the defendant is from the same state.
What should the court do?
A. Dismiss the case because the parties are not diverse
B. Retain jurisdiction over the counterclaim
C. Retain jurisdiction over the original claim but dismiss the counterclaim
D. Retain jurisdiction because the parties were diverse when the complaint was filed
✅ Correct Answer: A
💡 Explanation: Complete diversity must exist at the time of filing. If the defendant is from the same state, the court lacks subject matter jurisdiction.
A plaintiff sues an out-of-state defendant for breach of a contract signed online. The only contact the defendant had with the forum state was through the website.
Does the court likely have personal jurisdiction?
A. No, because a website alone is not sufficient
B. Yes, if the contract was negotiated or performed in the forum
C. No, unless the defendant visited the forum
D. Yes, because internet presence creates general jurisdiction
✅ Correct Answer: B
💡 Explanation: Specific jurisdiction may arise if the claim relates to the defendant’s contact (e.g., contract negotiation or performance in the forum). Internet presence alone isn't enough.
A plaintiff filed a diversity action in federal court in the District of Kansas. The defendant is a resident of Missouri, and the events giving rise to the claim occurred entirely in Missouri. The defendant timely moves to dismiss for improper venue.
How should the court rule?
A. Deny the motion, because the plaintiff may file where they reside
B. Grant the motion, because the events did not occur in Kansas and the defendant does not reside there
C. Deny the motion, because the defendant has sufficient contacts with Kansas
D. Grant the motion only if the court lacks subject matter jurisdiction
✅ Correct Answer: B
💡 Explanation: Under 28 U.S.C. § 1391(b), venue is proper where any defendant resides or where a substantial part of the events occurred. Neither applies here.
A plaintiff files a complaint in federal court that contains factual allegations but no specific reference to legal theories. The defendant moves to dismiss for failure to state a claim, arguing that the complaint is too vague.
How should the court rule?
A. Deny the motion, because the Federal Rules do not require legal labels in the complaint
B. Grant the motion, because the plaintiff did not cite legal authority
C. Deny the motion, because the defendant must answer before seeking dismissal
D. Grant the motion, because a complaint must plead every element explicitly
✅ Correct Answer: A
💡 Explanation: Under Rule 8(a), a complaint must contain a short and plain statement showing entitlement to relief. Legal theories need not be specified if facts support a claim.
Two plaintiffs sue a trucking company for injuries arising out of the same accident. The company argues that the injuries are unrelated and moves to sever the claims.
How should the court rule?
A. Deny the motion, because Rule 20 permits permissive joinder if claims arise from the same transaction or occurrence
B. Grant the motion, because each plaintiff must sue separately
C. Deny the motion, because joinder is required when there are multiple plaintiffs
D. Grant the motion, because personal injuries are always tried separately
✅ Correct Answer: A
💡 Explanation: Rule 20 permits joinder if claims arise from the same transaction and share common questions of law or fact. Same accident = proper joinder.
A corporation incorporated in Delaware has its principal place of business in California. A plaintiff from California sues the corporation in federal court for negligence, seeking $100,000.
Is diversity jurisdiction proper?
A. Yes, because the corporation is incorporated in a different state
B. No, because the parties share state citizenship
C. Yes, because the amount in controversy is sufficient
D. No, because corporations cannot be sued in their home state
✅ Correct Answer: B
💡 Explanation: A corporation is a citizen of both its state of incorporation and its principal place of business. Here, both the plaintiff and defendant are citizens of California.
A Colorado resident sues a Texas company in Arizona federal court for a tort that occurred in Texas. The company has no offices or employees in Arizona.
Is personal jurisdiction proper?
A. Yes, if the defendant does business nationally
B. No, because the claim did not arise in Arizona and the defendant has no contacts there
C. Yes, if the plaintiff can establish general jurisdiction
D. Yes, because the federal court has subject matter jurisdiction
✅ Correct Answer: B
💡 Explanation: There is no personal jurisdiction without minimum contacts with the forum, and the tort occurred elsewhere.
A plaintiff brings suit in federal court in the Northern District of California. The defendant moves to transfer the case to the Southern District of New York, citing more favorable jury pools and the fact that its corporate headquarters is located there.
Should the court grant the motion?
A. No, because convenience to the defendant alone is insufficient
B. Yes, because the defendant’s residence controls venue
C. No, because the plaintiff’s choice of venue always prevails
D. Yes, because New York has more favorable laws for defendants
✅ Correct Answer: A
💡 Explanation: Under § 1404(a), transfer must be based on convenience of parties/witnesses and the interest of justice. Defendant’s preference alone is not enough.
A defendant files a motion to dismiss under Rule 12(b)(6), and the court grants it without giving the plaintiff an opportunity to amend.
Which of the following is most accurate?
A. This was error, because leave to amend must always be granted
B. This was proper, because the court has discretion to dismiss with prejudice
C. This was error, unless the plaintiff had already amended once
D. This was proper only if discovery had already commenced
✅ Correct Answer: C
💡 Explanation: Courts must generally allow at least one opportunity to amend after a Rule 12(b)(6) dismissal unless it would be futile. If no amendment has occurred, refusal is likely error.
A party receives an interrogatory request and fails to respond within 30 days.
What may the opposing party do?
A. File a motion to compel under Rule 37
B. Request a default judgment
C. Strike the pleadings
D. Move to dismiss for failure to state a claim
✅ Correct Answer: A
💡 Explanation: A party may move to compel under Rule 37 if a discovery request is ignored. Sanctions escalate if the party refuses to comply even after a court order.
A plaintiff sues in federal court under a state law negligence claim. The amount in controversy is unclear. The defendant moves to dismiss for lack of SMJ.
Which of the following is most accurate?
A. Federal courts cannot hear state negligence claims
B. The court may dismiss unless the plaintiff can prove the value exceeds $75,000
C. The court evaluates amount in controversy based on the complaint at the time of filing
D. Amount in controversy must be proven by clear and convincing evidence
✅ Correct Answer: C
💡 Explanation: The amount in controversy is determined from the face of the complaint in good faith at the time of filing unless it appears legally certain the amount cannot be met.
A corporation headquartered in Ohio is sued in Florida for injuries caused by a defective product. The product was sold online and shipped to Florida by the company.
Is personal jurisdiction proper?
A. Yes, because the injury occurred in the forum
B. No, unless the company has physical stores in Florida
C. Yes, if the corporation expressly targeted the Florida market
D. No, because internet sales do not establish jurisdiction
✅ Correct Answer: C
💡 Explanation: Purposeful availment exists when a defendant targets the forum’s market. Shipping to Florida and advertising there is sufficient for specific jurisdiction.
A federal court finds venue improper after the defendant challenges it under Rule 12(b)(3). The statute of limitations has expired in the original filing district.
What is the court's best option?
A. Dismiss the case with prejudice
B. Transfer to a proper district where the action could have been brought originally
C. Dismiss the case and allow the plaintiff to refile in state court
D. Retain the case to avoid prejudice to the plaintiff
✅ Correct Answer: B
💡 Explanation: When venue is improper, the court may dismiss or transfer under 28 U.S.C. § 1406(a). Transfer avoids statute-of-limitations problems.
A plaintiff sues in federal court. The defendant files an answer denying all allegations and raising several defenses, including lack of personal jurisdiction. Six months later, the defendant files a motion to dismiss under Rule 12(b)(2).
What result?
A. The motion is timely because Rule 12(b) defenses can be raised at any time
B. The motion should be denied as waived due to failure to raise it in the first responsive pleading
C. The motion is improper unless raised before the answer
D. The court may consider it only if discovery supports the defense
✅ Correct Answer: B
💡 Explanation: Rule 12(b) defenses, such as lack of personal jurisdiction, must be raised in the first Rule 12 motion or responsive pleading — or they are waived.
A defendant wants to depose a non-party witness who lives 300 miles away.
What is the best procedural option?
A. Subpoena the witness to appear in court
B. Compel the witness to attend a deposition at the defendant’s law office
C. Serve a subpoena for deposition within 100 miles of the witness’s residence
D. File a motion for an in-camera hearing
✅ Correct Answer: C
💡 Explanation: Under Rule 45, a non-party may only be compelled to appear for a deposition within 100 miles of where they reside or regularly transact business.
A federal court hears a case under federal question jurisdiction. During litigation, the federal claims are dismissed. Only the plaintiff’s state law claims remain.
What is the court's likely course of action?
A. Retain supplemental jurisdiction because it once had federal question jurisdiction
B. Must dismiss the entire case
C. May, at its discretion, retain jurisdiction over state claims
D. Must remand the case to state court
✅ Correct Answer: C
💡 Explanation: Under §1367(c), courts have discretion to retain or decline supplemental jurisdiction if original federal claims are dismissed.
A defendant is served in person while on vacation in the forum state. The case is unrelated to the state.
Is jurisdiction proper?
A. No, because the contacts must relate to the case
B. Yes, because physical presence at the time of service is sufficient for general jurisdiction
C. Yes, because transient presence allows tag jurisdiction
D. No, because the case lacks minimum contacts
✅ Correct Answer: C
💡 Explanation: “Tag jurisdiction” allows personal jurisdiction based on service while voluntarily present in the forum, even if unrelated to the case.
A plaintiff sues multiple defendants in federal court. One resides in the Eastern District and the other in the Western District of the same state. The events giving rise to the suit occurred in both districts.
Where is venue proper?
A. Only in the Eastern District
B. Only in the Western District
C. In either the Eastern or Western District
D. Only where both defendants reside
✅ Correct Answer: C
💡 Explanation: Venue is proper in any district where any defendant resides if all defendants reside in the same state, or where a substantial part of the events occurred.
A plaintiff files a complaint but fails to serve the defendant within 90 days. The court issues a show cause order. The plaintiff explains that they had trouble locating the defendant and acted diligently.
What is the court’s best course of action?
A. Dismiss the case with prejudice
B. Extend the time for service upon a showing of good cause
C. Dismiss the case without prejudice automatically
D. Proceed with the case regardless of service
✅ Correct Answer: B
💡 Explanation: Under Rule 4(m), courts must extend time for service upon a showing of good cause. Diligent efforts may qualify.
A party believes the opposing side is withholding relevant documents. She sends a discovery request for production. The opposing party refuses, citing confidentiality.
What must the requesting party do to obtain the materials?
A. File a motion for summary judgment
B. Send a second request labeled “urgent”
C. File a motion to compel and seek in camera review
D. Contact the judge ex parte
✅ Correct Answer: C
💡 Explanation: When relevance is disputed, a party may seek court review. Confidentiality alone does not preclude production — protective orders may limit use.
A plaintiff sues a defendant in state court, alleging violations of a federal statute. The defendant removes to federal court. One month later, the plaintiff seeks remand, arguing that the claim doesn’t “really” involve a federal issue.
Should the court remand the case?
A. Yes, because the claim is primarily state-based
B. No, because the face of the complaint includes a federal question
C. Yes, because the defendant failed to meet the burden of proof
D. No, because the plaintiff’s intent is irrelevant once removal is complete
✅ Correct Answer: B
💡 Explanation: Under the well-pleaded complaint rule, if a federal issue appears on the face of the complaint, federal question jurisdiction exists at removal.
A state court exercises jurisdiction over a foreign corporation in a tort suit involving events occurring abroad. The corporation has a regional office in the state.
Which doctrine best determines whether jurisdiction is proper?
A. Specific jurisdiction
B. Long-arm statute
C. General jurisdiction
D. Forum non conveniens
✅ Correct Answer: C
💡 Explanation: If the claim is unrelated to the forum, only general jurisdiction allows jurisdiction — if the corporation is “essentially at home” there.
A plaintiff files suit in federal court in a district where neither the defendant resides nor where the events occurred. The court realizes the venue is improper after issuing a scheduling order.
What is the court’s best course of action?
A. Retain the case since it has already exercised jurisdiction
B. Dismiss the case sua sponte
C. Transfer the case if justice so requires
D. Require the defendant to waive the venue objection
✅ Correct Answer: C
💡 Explanation: Even absent a party motion, a court may transfer sua sponte under § 1406 if venue is improper and transfer would serve justice.
A plaintiff sues a public entity for negligence and attaches an affidavit instead of specific factual allegations. The defendant moves to dismiss for failure to state a claim.
What standard does the court apply when evaluating the motion?
A. The court must assume all facts alleged are true and dismiss only if no relief is possible
B. The court must disregard conclusory statements and determine if the complaint plausibly alleges a claim
C. The court must apply a heightened pleading standard applicable to public entities
D. The court must accept all legal conclusions as true unless clearly erroneous
✅ Correct Answer: B
💡 Explanation: Under the Twombly/Iqbal standard, a court must disregard conclusory statements and determine whether the factual allegations “plausibly” suggest entitlement to relief.
A plaintiff serves interrogatories with 35 separate questions. The defendant refuses to answer 10 of them, citing the numerical limit under the rules.
Is the defendant’s objection valid?
A. No, because parties may serve unlimited interrogatories
B. Yes, unless the court granted leave for additional interrogatories
C. No, if the questions all relate to the same issue
D. Yes, unless the interrogatories were served along with admissions
✅ Correct Answer: B
💡 Explanation: Rule 33 limits interrogatories to 25 unless the court grants leave or stipulation occurs. Defendant need not answer the excess unless approved.