MBE Civil Procedure Multiple Choice questions with complete solutions

In order to satisfy federal question jurisdiction, the federal question must appear in: A The plaintiff's complaint B Either the plaintiff's complaint or the defendant's answer C Either the plaintiff's complaint or the defendant's answer or counterclaim D Either the plaintiff's complaint or the defendant's answer, counterclaim, or cross-claim correct answer: a In order to satisfy federal question jurisdiction, the federal question must appear in the plaintiff's complaint. The federal question must appear as part of the plaintiff's cause of action as set out in a well-pleaded complaint. Federal question jurisdiction is not satisfied if the federal question appears in the defendant's answer, counterclaim, or cross-claim. When a plaintiff has both federal and state-based claims against a defendant and diversity jurisdiction does not exist, the federal court has: A Discretion to exercise supplemental (pendent) jurisdiction over the state law claim, regardless of whether the two claims derive from a common nucleus of operative fact B No discretion to exercise supplemental (pendent) jurisdiction over the state law claim; it must transfer all claims to state court C Discretion to exercise supplemental (pendent) jurisdiction over the state law claim if the two claims derive from a common nucleus of operative fact and are such that a plaintiff would ordinarily be expected to try them all in one judicial proceeding D No discretion to exercise supplemental (pendent) jurisdiction over the state law claim; it must exercise such jurisdiction correct answer: In some cases, the plaintiff will have both federal and state claims against the defendant. Although there may be no diversity, the federal court has discretion to exercise supplemental (pendent) jurisdiction over the claim based on state law if the two claims are so related that they are part of th