MBE Rules · Civil Procedure
Consent / waiver of personal jurisdiction
The rule
PJ may be obtained by consent: (1) express (forum-selection clause, appearance), (2) implied (filing suit subjects plaintiff to counterclaim PJ), or (3) waiver by failure to raise the defense in the first Rule 12 motion or responsive pleading.
In plain English
A court can have power over you if you agree to it, act in a way that implies it, or don't object in time.
Worked example
The defendant didn't object to jurisdiction in their first response to the lawsuit, so they can't challenge it later.
Memory hook
Consent conquers court control! PJ through express, implied, or waiver. If you snooze (don't raise PJ), you lose.
The trap
Students think: PJ can never be waived. Wrong, because failing to raise PJ in the first Rule 12 motion waives it. The actual test is timely objection.
How examiners test it
The MBE loves: defendant appears in court but doesn't object to PJ in first response. Trap: students miss waiver of PJ by omission.
Drill this rule until it can't fail you.
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