Bar: Civil Procedure - Bar Prep
Questions and Answers (Correct and
Verified) 2026 Updated.
Notice of Process - Answer Summons and Complaint
90 Days - Answer Days plaintiff has to serve defendant with complaint:
Substituted Service - Answer Acceptable for someone who lives in same abode:
1. is at defendant's usual abode
2. Substitute is a suitable age and discretion
Service upon Agent - Answer Acceptable if accepting service is within the scope of the
agency with the defendant
Service by mail or email - Answer acceptable if permitted by state law
Service on minor or incompetent person - Answer use any method permitted by state law
Service in a foreign country - Answer use a method allowed by international agreement
(Hague Convention); if no agreement:
1. as directed by US Courts
2. method allowed by foreign country's law
3. method directed by foreign official in response to to a letter of request (rogatory) from US
court
4. personal service in the foreign country (unless prohibited by law of the country)
5. mail sent by the clerk of the US court requiring signed receipt (unless prohibited by the
foreign country's law)
Waiver of service - Answer Permitted if D executes and mails waiver form to P within 30 days
of receiving request to waive service
Types of subject matter jurisdiction - Answer 1. Federal Question
2. Diversity
, Diversity Jurisdiction - Answer 1. the case is between citizens of different states, and
2. the amount in controversy exceeds $75,000
Complete Diversity Rule - Answer Violated if any P is a citizen of the same state as any D.
Domicile of a person - Answer established by:
1. physical presence
2. intent to remain
Domicile of a corporation - Answer 1. state where incorporated
2. state of principal place of business
Principal Place of Business - Answer State where its managers: 1. direct; 2. coordinate; and;
3. control business activities
Citizenship of an unincorporated association
(Partnership, LLC, etc.) - Answer Citizenship of all its members
Aggregation of claims - Answer A plaintiff can aggregate claims if (1) the case is one P against
one D or (2) if P sues joint tortfeasors.
Equitable Relief (for diversity jurisdiction) - Answer Permitted if:
1. the loss to the plaintiff would be more than $75,000; or
2. the cost to the defendant of complying with the injunction would be more than $75,000.
Cases federal courts will not hear - Answer 1. Divorce
2. Alimony
3. Custody
4. Probate
Federal Question Jurisdiction - Answer Jurisdiction given to federal courts when the
plaintiff's complaint arises under federal law (I.e. if the plaintiff is suing to enforce a federal
right)
Removal Jurisdiction - Answer transfers a case from a state trial court to a federal trial court
Questions and Answers (Correct and
Verified) 2026 Updated.
Notice of Process - Answer Summons and Complaint
90 Days - Answer Days plaintiff has to serve defendant with complaint:
Substituted Service - Answer Acceptable for someone who lives in same abode:
1. is at defendant's usual abode
2. Substitute is a suitable age and discretion
Service upon Agent - Answer Acceptable if accepting service is within the scope of the
agency with the defendant
Service by mail or email - Answer acceptable if permitted by state law
Service on minor or incompetent person - Answer use any method permitted by state law
Service in a foreign country - Answer use a method allowed by international agreement
(Hague Convention); if no agreement:
1. as directed by US Courts
2. method allowed by foreign country's law
3. method directed by foreign official in response to to a letter of request (rogatory) from US
court
4. personal service in the foreign country (unless prohibited by law of the country)
5. mail sent by the clerk of the US court requiring signed receipt (unless prohibited by the
foreign country's law)
Waiver of service - Answer Permitted if D executes and mails waiver form to P within 30 days
of receiving request to waive service
Types of subject matter jurisdiction - Answer 1. Federal Question
2. Diversity
, Diversity Jurisdiction - Answer 1. the case is between citizens of different states, and
2. the amount in controversy exceeds $75,000
Complete Diversity Rule - Answer Violated if any P is a citizen of the same state as any D.
Domicile of a person - Answer established by:
1. physical presence
2. intent to remain
Domicile of a corporation - Answer 1. state where incorporated
2. state of principal place of business
Principal Place of Business - Answer State where its managers: 1. direct; 2. coordinate; and;
3. control business activities
Citizenship of an unincorporated association
(Partnership, LLC, etc.) - Answer Citizenship of all its members
Aggregation of claims - Answer A plaintiff can aggregate claims if (1) the case is one P against
one D or (2) if P sues joint tortfeasors.
Equitable Relief (for diversity jurisdiction) - Answer Permitted if:
1. the loss to the plaintiff would be more than $75,000; or
2. the cost to the defendant of complying with the injunction would be more than $75,000.
Cases federal courts will not hear - Answer 1. Divorce
2. Alimony
3. Custody
4. Probate
Federal Question Jurisdiction - Answer Jurisdiction given to federal courts when the
plaintiff's complaint arises under federal law (I.e. if the plaintiff is suing to enforce a federal
right)
Removal Jurisdiction - Answer transfers a case from a state trial court to a federal trial court
