MBE Multistate Bar Examination — All Questions

In federal court, diversity jurisdiction generally requires complete diversity of citizenship and that the amount in controversy exceed:

• a.$10,000
• b.$75,000✓
• c.$100,000
• d.There is no amount requirement

Under the general federal diversity statute, the parties must be completely diverse (no plaintiff shares citizenship with any defendant) and the amount in controversy must exceed $75,000. This is the standard federal rule; always confirm the current statute and any special provisions.

Under the general due-process framework, a court may exercise personal jurisdiction over an out-of-state defendant when the defendant has:

• a.Any presence anywhere in the United States
• b.A driver's license from any state
• c.Sufficient minimum contacts with the forum state so that jurisdiction does not offend fair play and substantial justice✓
• d.Filed taxes in the previous year

The minimum-contacts test asks whether the defendant has purposeful contacts with the forum such that exercising jurisdiction comports with fair play and substantial justice. This framework governs personal jurisdiction analysis in most cases, subject to more specific doctrines.

A motion to dismiss for failure to state a claim upon which relief can be granted primarily tests:

• a.The legal sufficiency of the complaint, generally accepting the well-pleaded factual allegations as true✓
• b.Whether the plaintiff will win at trial
• c.The credibility of the witnesses
• d.Whether the jury is properly selected

This motion challenges the legal sufficiency of the complaint, and the court generally accepts the well-pleaded factual allegations as true and asks whether they state a plausible claim. It does not resolve disputed facts or weigh evidence.