MBE review of May 2015

Below are videos of the MBE review session done at St. Thomas University School of Law in May 2015.

There are eight videos below:

A short video discussing potential MBE (Multistate Bar Examination) topics.
Seven topic-specific videos.
This page also includes links to related MBE resources.

For a master listing of all Civ Pro MBE resources on this site, click here.

There are many MBE resources available beyond the materials or topics covered in the May 2015 live MBE review. For example, I've given long reviews both for the MBE and my JD class. There are two MBE reviews, each of which is nearly three hours long, as well as lengthy JD reviews in Fall 2014 and Spring 2015.

Other topics and resources available include:

Additional videos, handouts, and problem sets for the topics on this page. Extra materials vary by topic, but you will find many additional resources for:

In addition, this site contains materials that we could not cover in the May 2015 review:

Caveat to those taking the bar exam: This video and the other videos in this series are directed towards preparation for the MBE multiple-choice exam. Time constraints prevent me from discussing all potential Civil Procedure MBE topics or issues listed in the MBE outline that might arise on the bar exam, and these same constraints limit the depth of information I can provide. Contrary to what the Rolling Stones claim, time is not on our side.

Caveat to JD students: These videos focus on selected basics with an eye towards the bar exam. They stick to the basics and do not cover the law with the level of depth that I would expect from a JD student taking a professor-written examination.

Overview of Civ Pro MBE topics (1 of 8)

This video addresses topics covered in the Multistate Bar Exam (MBE).

You can find the MBE Subject Matter Outline here.

Subject matter jurisdiction (2 of 8)

This video covers selected issues regarding original subject matter jurisdiction and removal jurisdiction. The video also includes annotations to point you to specific materials of interest. Topics include

Federal question jurisdiction
Diversity jurisdiction
Supplemental jurisdiction
Removal jurisdiction

Additional resources:

Many additional resources such as problem sets, flowcharts, handouts, and more on these topics can be found on the SMJ resources page.
Similar resources in addition to this video can be found on the supplemental jurisdiction resources page.
- Supplemental jurisdiction problem set (with explanations)
- Why supplemental jurisdiction is like an ice cream cone with sprinkles
- Supplemental jurisdiction analysis
- Contamination Rule
- Aggregation and 1367
- Note that to do well on supplemental jurisdiction you also have to understand the joinder rules
Other videos you might watch:

Due process, notice, and service of process (3 of 8)

This video covers selected issues regarding some of the basics of procedural due process (including prejudgment seizures), Constitutional notice, and rule-based service of process. This one doesn't go into much detail.

Personal jurisdiction (4 of 8)

This video covers selected issues regarding personal jurisdiction (PJ). Topics covered include:

PJ in federal versus state court
In rem/quasi in rem versus in personam jurisdiction
Traditional bases for PJ
The modern "minimum contacts" approach
Specific versus general jurisdiction
Ways of showing purposeful availment
What it means to "give rise" to a claim
Reasonableness factors

I have many, many additional resources on PJ, some of which are noted by annotations:

PJ resources page including handouts and problem sets. This page also has links to other PJ videos I have done.
My "Coggle" PJ flowchart that is used in this video.
An extended review (nearly 90 minutes) done as "PJ Big Picture Day" in Fall 2014.

Pleadings (5 of 8)

This video covers selected issues regarding pleadings. Topics covered include:

Complaint
Motion to dismiss for failure to state a claim
Conley (fair notice) and Twombly/Iqbal (plausibility
Answer (admit/deny/deemed denials, counter/crossclaims, defenses)
Heightened pleadings, FRCP 9(b)
Amendments (as a matter of course, by consent, by leave of court)
Relation back

Venue (6 of 8)

This video covers selected issues regarding venue. Topics covered include:

Venue for removed cases
Venue
The venue fallback
Determining "residence" for 1391(b)(1)
Transfer versus dismissal (1404 and 1406)
Forum non conveniens

I have additional resources on these subjects, some of which are noted by annotations. In particular, see the venue/transfer/forum non conveniens problem set with explanations.

Joinder (7 of 8)

This video covers selected issues regarding joinder. Topics covered include:

Joinder versus subject matter jurisdiction
Counterclaims (Rule 13(a), (b))
Crossclaims (Rule 13(g))
Joining additional (even unrelated) claims (Rule 18(a))
Third party practice a/k/a/ impleader (Rule 14)
Permissive joinder (Rule 20)
Required joinder (Rule 19)
Interpleader (Rule 22 and 28 U.S.C. 1335)
Class action basics (Rule 23)

I have additional resources on joinder, some of which are noted by annotations:

Rule 12 and Rule 56 motions (7 of 8)

This video (it's incomplete as noted below) covers selected issues regarding dispositive and other motions. Topics covered include:

Rule 12 defenses
Pre-answer motions under Rule 12 (including consolidation & waiver)
Summary judgment (Rule 56)

NOTE: My time was limited to four hours, and at this point time ran out AND I pooped out. The video contains annotations to online study guides AND other videos that cover these and other topics in more detail.

Other helpful materials include:

Perhaps the most important thing you might want to review to supplement this video (in addition to this video) is my JD video on Rules 56, the right to jury trial, Rule 50, and Rule 59 in May 2015.
Trial and post trial motions resources
Differences between motions under FRCP 12(b)(6), 12(c), 56, and 50
Rule 41 voluntary dismissal analogized to Rule 15 amendments
Types of summary judgment
Problems and explanations on Rules 50 and 59