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NOTE: Examinees are to assume the application of 1) the Federal Rules of Civil Procedure (for the February 2016 examination, this includes amendments through 2012; for the July 2016 examination, this includes amendments through 2015); and 2) the sections of Title 28 of the U.S. Code pertaining to jurisdiction, venue, and transfer. Approximately two-thirds of the Civil Procedure questions on the MBE will be based on categories I, III, and V, and approximately one-third will be based on the remaining categories II, IV, VI, and VII.

I. Jurisdiction and venue Edit

A. Federal Subject Matter Jurisdiction Edit

  1. Federal Question Jurisdiction,
  2. Diversity Jurisdiction,
  3. Supplemental Jurisdiction, and
  4. Removal Jurisdiction

B. Personal jurisdiction Edit

C. Service of process and notice Edit

D. Venue, forum non conveniens, and transfer Edit

II. Law applied by federal courts Edit

A. State law in federal court

B. Federal common law

III. Pretrial procedures Edit

A. Preliminary injunctions and temporary restraining orders

B. Pleadings and amended and supplemental pleadings

C. Rule 11

D. Joinder of parties and claims (including class actions)

E. Discovery (including e-discovery), disclosure, and sanctions

F. Adjudication without a trial

G. Pretrial conference and order

IV. Jury trials Edit

A. Right to jury trial

B. Selection and composition of juries

C. Requests for and objections to jury instructions

V. Motions Edit

A. Pretrial motions, including motions addressed to face of pleadings, motions to dismiss, and summary judgment motions

B. Motions for judgments as a matter of law (directed verdicts and judgments notwithstanding the verdict)

C. Posttrial motions, including motions for relief from judgment and for new trial

VI. Verdicts and judgments Edit

A. Defaults and dismissals

B. Jury verdicts—types and challenges

C. Judicial findings and conclusions

D. Effect; claim and issue preclusion

VII. Appealability and review Edit

A. Availability of interlocutory review

B. Final judgment rule

C. Scope of review for judge and jury


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