UBE BAR:MBE All Multistate Bar Exam
(MBE) Subjects Test Questions with
Actual Answers 2025/2026 Updated.
Federal question jurisdiction - well pleaded complaint rule - Answer Question of federal law
must appear on the face of the complaint (not as a defense)
- TEST: is P enforcing a federal right?
Federal diversity jx does not extend to state law claims involving ... - Answer 1. Probate
2. Domestic relations
- narrow; prohibition only applies to issuance of divorce, alimony, or child custody orders
Federal question jurisdiction - exclusive vs. concurrent jurisdiction - Answer Exclusive:
- Bankruptcy
- Copyright and patent
- Antitrust
Concurrent: most federal law claims (e.g., Civil Rights Act, constitutional violations)
Diversity jurisdiction requirements - Answer 1. Complete diversity: every plaintiff diverse
from every defendant as of filing date
2. Amount in controversy > $75,000
Date of diversity determination - Answer Diversity is determined on the date the complaint
is filed
Exceptions to complete diversity (3) - Answer 1. Federal interpleader
2. Class actions (named P's only and minimum for diversity under CAFA)
3. Interstate mass torts
Alienage jurisdiction - what diversity rules apply where one party is a non-citizen - Answer 1.
At least ONE party must be a citizen of a US state
2. If alien is a lawful permanent resident (LPR), must not reside in same state as any opposing
party
Domicile (and citizenship) of individual citizens - 2-part test - Answer Both:
,1. PHYSICAL presence; AND
2. Intent to remain
- intent based on all relevant factors
•••note: only one domicile at any one time!
•••same test applies to decedents, minors, and incompetents
Domicile (and citizenship) of corporations - Answer Either:
1. Any state where incorporated; OR
2. Principal place of business (i.e., "nerve center," HQ, where managers direct, coordinate, and
control corporative activities)
**note: can be domiciled in more than one place at the same time
Domicile of unincorporated associations - Answer Each state where a member is domiciled
•••includes limited partners
Diversity and assignment of claims - Answer 1. When assignment is legitimate, assignee's
domicile controls
2. When assignment is collusive, i.e., to create diversity jx, court can deny jx based on assignor's
domicile
Diversity and substituted parties - Answer Domicile of the original party controls when a new
party is substituted as a successor in interest
Amount in controversy - how determined and what is included - Answer Whatever amount P
claims in good faith, UNLESS clear to a legal certainty that she cannot recover > $75,000
- Does NOT include legal costs, atty's fees, or interest resulting in delay of payment
- DOES include interest that is part of the claim itself
- DOES include atty's fees recoverable by contract
Amount in controversy - injunctive relief - Answer Either value to P or cost of complying to D
is greater than $75,000
,Aggregating amount in controversy - Answer 1. One P can aggregate claims against one D
(even if factually unrelated)
2. One P can aggregate claims against joint D's
3. Multiple P's cannot aggregate
Supplemental jurisdiction - Basic Test - Answer Claim must share a "common nucleus of
operative fact" with the claim that invoked federal SMJ
•••NOTE: if same T/O, will ALWAYS be CNOF
Supplemental jurisdiction - state law claims in federal question cases - Answer Court has
DISCRETION to hear state law claims, if:
1. Common nucleus of operative fact
--> i.e., same T/O
2. P would ordinarily be expected to try them all in one judicial proceeding
Factors (3) considered by court in deciding whether to exercise its supplemental jurisdiction
over state law claims in FQ cases - Answer 1. *Novel issues* of state law
2. *State law claims predominate* over federal law claims
3. If claims based on federal law have been dismissed, *timing* (i.e., how far along in the
process)
Pendent party (supplemental) jurisdiction - how does it work in federal question cases - Answer
P sues multiple D's, but only one qualifies for FQJ
--> P can have supp. jx over claims other D's if CNOF
P1 sues D on a federal Q. P2 has a state law claim against D but fails diversity.
--> P2 can get supp. jx for claim against D if CNOF
How does "same transaction or occurrence" relate to "common nucleus of operative fact"? -
Answer Common nucleus of operative fact will ALWAYS encompass claims arising in from the
same transaction or occurrence
- T/O is NARROWER
Limit on supplemental jurisdiction for P's claims in diversity cases - Answer If federal jx based
SOLELY on diversity, plaintiff cannot bring additional claims under supp. jx
- EXCEPTION: where case involves multiple P's, add'l P claims allowed even if below amount in
controversy, so long as complete diversity not destroyed
, Restriction on use of supplemental jx in cases based solely on diversity under § 1367(b) -
Answer May NOT be used for:
i. Claims by plaintiffs against persons made parties under Rules 14 (impleader), 19 (compulsory
joinder), 20 (permissive joinder), or 24 (intervention);
ii. Claims by persons proposed to be joined as plaintiffs under Rule 19 (compulsory joinder); and
iii. Claims by persons seeking to intervene as plaintiffs under Rule 24 (intervention).
Removal - general rule + who must participate + timing - Answer 1. D may remove to federal
court any case that may have initially have been brought there
- *ALL D's who have been SERVED* must participate
- within 30 days of SERVICE of the first paper that shows case removable (up to 1 year max after
case filing if diversity)
2. If removal based on diversity, NO D can be a citizen of the state hearing case
Removal - to what federal court? - Answer To federal district "embracing" the state court
wherein case was filed
Removal to federal court where state court lacked jurisdiction? - Answer Federal court may
hear even though state court from which case was removed did not have jx
- ex. exclusive federal jurisdiction (patent law)
Procedures of removal - Answer 1. File notice of removal with federal district court (within
30 days of service notifying D of eligibility)
2. File copy to the original state court
3. Notify adverse parties
Removal - Limitations - Answer 1. ALL D's must join
2. NO D can be from state hearing case if removal based on diversity
3. Cannot remove based on a counterclaim (even if qualifies for diversity)
4. P can NEVER remove
5. 1 year limit if diversity
6. Within 30 days of case becoming removable
Removal - separate and independent federal question claim - Answer D can remove a case
containing a federal question even if joined to state law claims that do not invoke diversity or
supp. jx
- Fed court severs and remands state law claims to state court
••• only D's defending FQ claim need join
(MBE) Subjects Test Questions with
Actual Answers 2025/2026 Updated.
Federal question jurisdiction - well pleaded complaint rule - Answer Question of federal law
must appear on the face of the complaint (not as a defense)
- TEST: is P enforcing a federal right?
Federal diversity jx does not extend to state law claims involving ... - Answer 1. Probate
2. Domestic relations
- narrow; prohibition only applies to issuance of divorce, alimony, or child custody orders
Federal question jurisdiction - exclusive vs. concurrent jurisdiction - Answer Exclusive:
- Bankruptcy
- Copyright and patent
- Antitrust
Concurrent: most federal law claims (e.g., Civil Rights Act, constitutional violations)
Diversity jurisdiction requirements - Answer 1. Complete diversity: every plaintiff diverse
from every defendant as of filing date
2. Amount in controversy > $75,000
Date of diversity determination - Answer Diversity is determined on the date the complaint
is filed
Exceptions to complete diversity (3) - Answer 1. Federal interpleader
2. Class actions (named P's only and minimum for diversity under CAFA)
3. Interstate mass torts
Alienage jurisdiction - what diversity rules apply where one party is a non-citizen - Answer 1.
At least ONE party must be a citizen of a US state
2. If alien is a lawful permanent resident (LPR), must not reside in same state as any opposing
party
Domicile (and citizenship) of individual citizens - 2-part test - Answer Both:
,1. PHYSICAL presence; AND
2. Intent to remain
- intent based on all relevant factors
•••note: only one domicile at any one time!
•••same test applies to decedents, minors, and incompetents
Domicile (and citizenship) of corporations - Answer Either:
1. Any state where incorporated; OR
2. Principal place of business (i.e., "nerve center," HQ, where managers direct, coordinate, and
control corporative activities)
**note: can be domiciled in more than one place at the same time
Domicile of unincorporated associations - Answer Each state where a member is domiciled
•••includes limited partners
Diversity and assignment of claims - Answer 1. When assignment is legitimate, assignee's
domicile controls
2. When assignment is collusive, i.e., to create diversity jx, court can deny jx based on assignor's
domicile
Diversity and substituted parties - Answer Domicile of the original party controls when a new
party is substituted as a successor in interest
Amount in controversy - how determined and what is included - Answer Whatever amount P
claims in good faith, UNLESS clear to a legal certainty that she cannot recover > $75,000
- Does NOT include legal costs, atty's fees, or interest resulting in delay of payment
- DOES include interest that is part of the claim itself
- DOES include atty's fees recoverable by contract
Amount in controversy - injunctive relief - Answer Either value to P or cost of complying to D
is greater than $75,000
,Aggregating amount in controversy - Answer 1. One P can aggregate claims against one D
(even if factually unrelated)
2. One P can aggregate claims against joint D's
3. Multiple P's cannot aggregate
Supplemental jurisdiction - Basic Test - Answer Claim must share a "common nucleus of
operative fact" with the claim that invoked federal SMJ
•••NOTE: if same T/O, will ALWAYS be CNOF
Supplemental jurisdiction - state law claims in federal question cases - Answer Court has
DISCRETION to hear state law claims, if:
1. Common nucleus of operative fact
--> i.e., same T/O
2. P would ordinarily be expected to try them all in one judicial proceeding
Factors (3) considered by court in deciding whether to exercise its supplemental jurisdiction
over state law claims in FQ cases - Answer 1. *Novel issues* of state law
2. *State law claims predominate* over federal law claims
3. If claims based on federal law have been dismissed, *timing* (i.e., how far along in the
process)
Pendent party (supplemental) jurisdiction - how does it work in federal question cases - Answer
P sues multiple D's, but only one qualifies for FQJ
--> P can have supp. jx over claims other D's if CNOF
P1 sues D on a federal Q. P2 has a state law claim against D but fails diversity.
--> P2 can get supp. jx for claim against D if CNOF
How does "same transaction or occurrence" relate to "common nucleus of operative fact"? -
Answer Common nucleus of operative fact will ALWAYS encompass claims arising in from the
same transaction or occurrence
- T/O is NARROWER
Limit on supplemental jurisdiction for P's claims in diversity cases - Answer If federal jx based
SOLELY on diversity, plaintiff cannot bring additional claims under supp. jx
- EXCEPTION: where case involves multiple P's, add'l P claims allowed even if below amount in
controversy, so long as complete diversity not destroyed
, Restriction on use of supplemental jx in cases based solely on diversity under § 1367(b) -
Answer May NOT be used for:
i. Claims by plaintiffs against persons made parties under Rules 14 (impleader), 19 (compulsory
joinder), 20 (permissive joinder), or 24 (intervention);
ii. Claims by persons proposed to be joined as plaintiffs under Rule 19 (compulsory joinder); and
iii. Claims by persons seeking to intervene as plaintiffs under Rule 24 (intervention).
Removal - general rule + who must participate + timing - Answer 1. D may remove to federal
court any case that may have initially have been brought there
- *ALL D's who have been SERVED* must participate
- within 30 days of SERVICE of the first paper that shows case removable (up to 1 year max after
case filing if diversity)
2. If removal based on diversity, NO D can be a citizen of the state hearing case
Removal - to what federal court? - Answer To federal district "embracing" the state court
wherein case was filed
Removal to federal court where state court lacked jurisdiction? - Answer Federal court may
hear even though state court from which case was removed did not have jx
- ex. exclusive federal jurisdiction (patent law)
Procedures of removal - Answer 1. File notice of removal with federal district court (within
30 days of service notifying D of eligibility)
2. File copy to the original state court
3. Notify adverse parties
Removal - Limitations - Answer 1. ALL D's must join
2. NO D can be from state hearing case if removal based on diversity
3. Cannot remove based on a counterclaim (even if qualifies for diversity)
4. P can NEVER remove
5. 1 year limit if diversity
6. Within 30 days of case becoming removable
Removal - separate and independent federal question claim - Answer D can remove a case
containing a federal question even if joined to state law claims that do not invoke diversity or
supp. jx
- Fed court severs and remands state law claims to state court
••• only D's defending FQ claim need join
