Civil Procedure
Pleadings and Jurisdiction
Master the sequence: subject-matter jurisdiction, personal jurisdiction, venue, then the merits. For subject-matter jurisdiction, remember the two gates to federal court: federal question (well-pleaded complaint rule - the plaintiff's claim must arise under federal law, not merely raise a federal defense) and diversity (complete diversity plus amount in controversy exceeding $75,000, with corporations citizens of incorporation state and principal place of business). Supplemental jurisdiction under §1367 reaches claims sharing a common nucleus of operative fact but is discretionary and unavailable to plaintiffs in diversity cases against third parties under §1367(b).
Erie and Procedure
Know the Erie doctrine: federal procedural rules govern; substantive state law governs where no federal rule or statute controls, balanced by outcome-determination and forum-shopping concerns.
Joinder, Discovery, and Preclusion
Understand compulsory counterclaims, impleader, intervention, and interpleader. For discovery, know the scope (relevance plus proportionality), work-product protection, and the attorney-client privilege. For preclusion, distinguish claim preclusion (same claim, final judgment on the merits, same parties or privies) from issue preclusion (actually litigated, necessarily decided, and preclusive only against those who had a full and fair opportunity).
Traps
Questions often test the difference between a 12(b)(6) motion and a 12(c) motion, waiver of personal jurisdiction (must be raised in the first response), and removal timing (30 days from service, one-year cap for diversity).
Rule of thumb
When a question says "federal court," always check SMJ first. If SMJ fails, nothing else matters.