Civil Procedure: Jurisdiction, Joinder, Disposition, and Preclusion
What the MEE tests
Civil Procedure tests whether a federal court can hear a case, who may be joined, how the case moves to judgment, and what a later court must respect. Expect federal subject-matter jurisdiction, personal jurisdiction, venue, pleadings, discovery, summary judgment, and Erie.
Core rules
- Subject-matter jurisdiction: diversity requires complete diversity and an amount in controversy exceeding $75,000. A corporation is a citizen of its state of incorporation and its principal place of business. Federal-question jurisdiction arises from a federal claim on the face of the complaint.
- Supplemental jurisdiction: §1367(a) permits claims forming part of the same case or controversy. §1367(b) blocks supplemental claims by plaintiffs against parties joined under Rules 14, 19, 20, or 24 when diversity is the only basis.
- Personal jurisdiction: minimum contacts plus fair play and substantial justice; general jurisdiction requires home or equivalent contacts.
- Pleadings and motions: notice pleading under Rule 8; Rule 12(b) defenses; 12(b)(6) failure to state a claim; 12(b)(1) subject-matter jurisdiction. Rule 15 relation back; Rule 56 summary judgment.
- Preclusion: claim preclusion requires final judgment on the merits, same claim, and same parties or privies; issue preclusion requires actual litigation and determination.
Worked example
Pat (New York) sues Dan (New Jersey) in federal court for $100,000. Pat adds a state-law claim against Dee (New York) for $30,000. Diversity is incomplete because Pat and Dee are both New York citizens. The claim against Dee cannot use §1367(a) because §1367(b) denies supplemental jurisdiction over claims by plaintiffs against Rule 20 defendants when diversity is the sole basis. The claim against Dee must be dismissed; the claim against Dan remains.
Traps
Amount in controversy is not the sum of all claims against all defendants for diversity. Complete diversity is measured at filing. A motion to dismiss for lack of subject-matter jurisdiction is not waived. Erie asks whether a federal rule governs or whether state law is outcome-determinative.