Civil Procedure
Civil Procedure governs how civil lawsuits proceed in federal court, from jurisdiction and pleadings through motions and trial. This chapter reviews core doctrines tested on the MBE. Specific rules vary by jurisdiction; always confirm the current federal rules and statutes.
Jurisdiction
A federal court needs subject-matter jurisdiction, commonly through a federal question or diversity of citizenship. Diversity generally requires complete diversity and an amount in controversy exceeding $75,000. The court also needs personal jurisdiction, typically satisfied when the defendant has sufficient minimum contacts with the forum so that jurisdiction is fair.
Pleadings and Motions
A lawsuit begins with a complaint and answer. A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint, generally accepting the well-pleaded factual allegations as true rather than resolving disputed facts.
Trial and Beyond
Later stages include discovery, summary judgment, trial, and appeal. Understanding the sequence and the standards that apply at each stage, such as the difference between testing pleadings and weighing evidence, is central to the subject.