MBE (Multistate Bar Exam)

Q1: Paulo sues Diana in federal court based on diversity jurisdiction. Diana asserts a counterclaim against Paulo arising from an unrelated transaction. Paulo moves to dismiss the counterclaim for lack of subject matter jurisdiction, arguing it doesn't arise from the same transaction as his claim and lacks an independent jurisdictional basis. Should the court dismiss Diana's counterclaim?

Q2: Under the doctrine of respondeat superior, an employer is vicariously liable for torts committed by an employee within the {{1}} of employment.

Q3: On March 1, a homeowner and a landscaper orally agree that the landscaper will redesign the homeowner's garden for $8,000, with work to be completed by December 1 of the same year. The landscaper begins work on April 1. Is this contract enforceable?

Q4: Under the Erie doctrine, when a Federal Rule of Civil Procedure directly conflicts with state law on the same issue, federal courts sitting in diversity must apply the {{1}} if the rule is valid under the Rules Enabling Act.

Q5: Patrick sues Davis in federal court based on diversity jurisdiction, alleging negligence. Davis files an answer denying negligence and asserting the affirmative defense of contributory negligence. Davis also asserts a counterclaim against Patrick for breach of contract arising from the same incident (alleging Patrick was delivering goods under contract when the accident occurred). Davis later files a motion to implead Third Party Trevor, alleging Trevor is liable to Davis for indemnification or contribution if Davis is found liable to Patrick. Does the court have subject matter jurisdiction over the impleader claim?