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MA Bar: Civil Procedure

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Civil Procedure

Civil Procedure tests whether you can move a case from complaint to judgment: jurisdiction, pleadings, discovery, dispositive motions, trial, and preclusion. Massachusetts candidates also need the federal-state interplay because MBE and MEE questions assume the Federal Rules.

Core framework

Personal jurisdiction requires purposeful availment, relatedness, and fairness under International Shoe; general jurisdiction is limited to "at home" forums. Subject-matter jurisdiction: federal question or diversity with complete diversity and more than $75,000. Venue is proper where any defendant resides, events occurred, or property sits. Removal requires a non-forum defendant and is waived by defending on the merits. Under Erie, federal courts apply state substantive law and federal procedural law. Pleadings must satisfy Twombly/Iqbal plausibility. Summary judgment requires no genuine dispute of material fact. Claim preclusion bars the same claim; issue preclusion bars relitigation of actually litigated issues.

Worked example

A (Massachusetts) sues B (New York) in Massachusetts state court for $100,000 breach of contract. B removes. Diversity is complete because A and B are citizens of different states, and the amount exceeds $75,000. B is not a citizen of the forum, so removal is proper. If A had sued B in New York state court, B, a New York citizen, could not remove on diversity. A later sues B again in federal court on the same contract; claim preclusion bars the second suit because the first ended in a final judgment on the merits.

Traps

Do not confuse "arising from" with "related to" for specific jurisdiction. Nominal parties can destroy complete diversity. A federal defense does not create federal-question jurisdiction. A 12(b)(6) motion tests the complaint, not evidence. On summary judgment, courts do not weigh credibility. JMOL requires a legally sufficient evidentiary basis. Compulsory counterclaims are barred if omitted.