Civil Procedure Subject Matter Outline

NOTE: Examinees are to assume the application of (1) the Federal Rules of Civil Procedure as currently in effect and (2) the sections of Title 28 of the U.S. Code pertaining to trial and appellate jurisdiction, venue, and transfer. Approximately two-thirds of the Civil Procedure questions on the MBE will be based on categories I, III, and V, and approximately one-third will be based on the remaining categories -- II, IV, VI, and VII.

1. Jurisdiction and venue
   1. Federal subject-matter jurisdiction (federal question, diversity, supplemental, and removal)
   2. Personal jurisdiction
   3. Service of process and notice
   4. Venue, forum non conveniens, and transfer
2. Law applied by federal courts
   1. State law in federal court
   2. Federal common law
3. Pretrial procedures
   1. Preliminary injunctions and temporary restraining orders
   2. Pleadings and amended and supplemental pleadings
   3. Rule 11
   4. Joinder of parties and claims (including class actions)
   5. Discovery (including e-discovery), disclosure, and sanctions
   6. Adjudication without a trial
   7. Pretrial conference and order
4. Jury trials
   1. Right to jury trial
   2. Selection and composition of juries
   3. Requests for and objections to jury instructions
5. Motions
   1. Pretrial motions, including motions addressed to face of pleadings, motions to dismiss, and summary judgment motions
   2. Motions for judgments as a matter of law (directed verdicts and judgments notwithstanding the verdict)
   3. Posttrial motions, including motions for relief from judgment and for new trial
6. Verdicts and judgments
   1. Defaults and dismissals
   2. Jury verdicts—types and challenges
   3. Judicial findings and conclusions
   4. Effect; claim and issue preclusion
7. Appealability and review
   1. Availability of interlocutory review
   2. Final judgment rule
   3. Scope of review for judge and jury