AL Bar Civil Procedure 1 — Questions and Answers
Question 1: Federal diversity jurisdiction under 28 U.S.C. § 1332 requires complete diversity of citizenship and an amount in controversy exceeding:
- $10,000
- $50,000
- $75,000 (Correct answer)
- $100,000
Correct answer: $75,000
Federal diversity jurisdiction requires that no plaintiff share citizenship with any defendant and that the amount in controversy exceed $75,000 exclusive of interest and costs.
Question 2: Under FRCP 12(b)(6), a complaint survives a motion to dismiss only if it contains:
- Detailed factual allegations supporting each element of the claim
- Sufficient factual matter to state a plausible claim for relief (Correct answer)
- Sworn testimony or affidavits supporting the claims
- Expert opinions on each contested legal issue
Correct answer: Sufficient factual matter to state a plausible claim for relief
Under Twombly and Iqbal, a complaint must plead sufficient factual content to make the claimed relief plausible on its face, not merely possible.
Question 3: Personal jurisdiction requires that the defendant have minimum contacts with the forum state such that:
- The defendant has an office in the state
- Maintenance of the suit does not offend traditional notions of fair play and substantial justice (Correct answer)
- The defendant was served while in the state
- The cause of action arose in the state
Correct answer: Maintenance of the suit does not offend traditional notions of fair play and substantial justice
International Shoe established that minimum contacts must be such that haling the defendant into the forum does not offend traditional notions of fair play and substantial justice.
Question 4: The Erie doctrine requires federal courts sitting in diversity to apply:
- Federal common law on all substantive issues
- State substantive law and federal procedural law (Correct answer)
- The law of the state where the plaintiff resides
- Federal law on all questions
Correct answer: State substantive law and federal procedural law
Under Erie Railroad Co. v. Tompkins, federal courts in diversity cases apply state substantive law but follow federal procedural rules.
Question 5: Under FRCP 56, summary judgment must be granted when:
- The court believes one party will prevail at trial
- There is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law (Correct answer)
- The opposing party fails to appear at the hearing
- The case involves only legal questions
Correct answer: There is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law
Summary judgment is appropriate when there is no genuine issue of material fact for the jury to resolve and the law entitles the moving party to win.
Question 6: The doctrine of claim preclusion (res judicata) bars re-litigation of claims that:
- Were litigated and decided in a prior action involving the same parties
- Could have been brought in a prior action between the same parties that reached a final judgment on the merits (Correct answer)
- Arise from the same general subject matter as a prior case
- Were dismissed without prejudice in a prior action
Correct answer: Could have been brought in a prior action between the same parties that reached a final judgment on the merits
Claim preclusion bars all claims that were or could have been raised in prior litigation between the same parties that ended in a final judgment on the merits.
AL Bar Civil Procedure 1
Federal diversity jurisdiction under 28 U.S.C. § 1332 requires complete diversity of citizenship and an amount in controversy exceeding: