Essay playbook
The Jurisdiction Puzzle
Work through The Jurisdiction Puzzle as a public essay playbook with a fresh Florida-focused fact pattern, scored issues, and a model answer.
Fact pattern
Paula, a Florida citizen, was injured when her car's brakes failed. She wants to sue: - AutoCorp (incorporated in Delaware, headquarters in Michigan) - BrakeCo (incorporated and headquartered in Florida) Paula's damages are $100,000. Paula files suit in the U.S. District Court for the Southern District of Florida. She serves AutoCorp by mailing the complaint to its Michigan headquarters 95 days after filing. She serves BrakeCo personally in Florida on day 30. AutoCorp files a motion to dismiss on day 40 for lack of personal jurisdiction. AutoCorp does not raise any other defenses in this motion. BrakeCo files an answer on day 25 that simply states: "BrakeCo denies all allegations and asserts Paula was contributorily negligent." On day 100, AutoCorp seeks to amend its motion to add a defense of improper venue.
Scored issues to spot
No complete diversity—Paula (FL) and BrakeCo (FL) are both FL citizens.
Subject: CivPro | Points: 20
Federal rule: 90 days. Paula served at 95 days—untimely.
Subject: CivPro | Points: 10
PJ raised in first motion. Venue not raised—WAIVED.
Subject: CivPro | Points: 15
General denial may be insufficient. FL notice pleading still requires addressing allegations.
Subject: CivPro | Points: 10
Unlike PJ and venue, SMJ can never be waived—can be raised anytime, even on appeal.
Subject: CivPro | Points: 15
Model answer
**1. SUBJECT MATTER JURISDICTION - FAILS** Federal diversity jurisdiction requires COMPLETE diversity and amount over $75,000. - Paula: FL citizen - BrakeCo: FL citizen (incorporated AND headquartered in FL) - NO complete diversity—case must be DISMISSED for lack of SMJ - SMJ can be raised at ANY time—never waived
**2. SERVICE ON AUTOCORP** Under FRCP 4(m), service must be completed within 90 DAYS. Paula served AutoCorp at 95 days—UNTIMELY. Court should dismiss without prejudice unless good cause shown. (Note: FL state court allows 120 days)
**3. PERSONAL JURISDICTION - PROPERLY RAISED** AutoCorp raised PJ in its first filing (motion to dismiss). This is timely under FRCP 12.
**4. VENUE - WAIVED** AutoCorp did NOT raise improper venue in its first motion. Under FRCP 12(h), venue must be raised in the first Rule 12 motion or responsive pleading. By omitting it from the first motion, AutoCorp WAIVED the venue defense. The day 100 amendment is too late.
**5. BRAKECO'S ANSWER** BrakeCo's blanket denial may be insufficient even under FL's notice pleading. While FL rejected Twombly/Iqbal's plausibility standard, answers should still specifically address allegations. The contributory negligence affirmative defense is properly raised.
**KEY POINT:** This case must be dismissed regardless of other issues because there is NO subject matter jurisdiction—Paula and BrakeCo are both FL citizens, destroying complete diversity.