AZ Bar Civil Procedure 1 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure, a complaint must contain:
- Detailed factual allegations proving every element of the claim
- A short and plain statement showing the pleader is entitled to relief (Correct answer)
- A verified statement signed by the plaintiff under oath
- A demand for a specific dollar amount in all cases
Correct answer: A short and plain statement showing the pleader is entitled to relief
FRCP 8(a) requires only a short and plain statement of the claim showing entitlement to relief, subject to the plausibility standard from Twombly and Iqbal.
Question 2: Federal diversity jurisdiction requires:
- Complete diversity of citizenship and an amount in controversy exceeding $75,000 (Correct answer)
- Minimal diversity of citizenship and any amount in controversy
- Complete diversity and a federal question
- Diversity of citizenship only, with no amount-in-controversy requirement
Correct answer: Complete diversity of citizenship and an amount in controversy exceeding $75,000
28 U.S.C. § 1332 requires complete diversity (no plaintiff and defendant share citizenship) and an amount in controversy exceeding $75,000.
Question 3: Under the Erie doctrine, a federal court sitting in diversity must apply:
- Federal common law on all substantive issues
- State substantive law and federal procedural law (Correct answer)
- The law of the state where the court sits for all issues
- Federal law whenever it conflicts with state law
Correct answer: State substantive law and federal procedural law
Erie Railroad Co. v. Tompkins requires federal courts in diversity cases to apply state substantive law while following federal procedural rules.
Question 4: Personal jurisdiction over a non-resident defendant is constitutional only if the defendant has:
- Visited the forum state at least once
- Minimum contacts with the forum state such that jurisdiction does not offend traditional notions of fair play and substantial justice (Correct answer)
- Consented to jurisdiction in a written contract
- Property located within the forum state
Correct answer: Minimum contacts with the forum state such that jurisdiction does not offend traditional notions of fair play and substantial justice
International Shoe Co. v. Washington established the minimum contacts test for constitutionally valid personal jurisdiction.
Question 5: A motion for summary judgment should be granted when:
- The plaintiff has a weak legal theory
- There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- The defendant admits all material allegations
- The court finds the evidence is sufficient to support a verdict
Correct answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
FRCP 56 permits summary judgment only when there is no genuine dispute about any material fact and the moving party deserves judgment as a matter of law.
Question 6: In Arizona state courts, venue is generally proper in the county where:
- The plaintiff resides regardless of where the claim arose
- The defendants reside or where the cause of action arose (Correct answer)
- The most witnesses are located
- The defendant's attorney is located
Correct answer: The defendants reside or where the cause of action arose
Arizona venue rules generally allow suit in the county where any defendant resides or where the claim or cause of action arose.
AZ Bar Civil Procedure 1
Under the Federal Rules of Civil Procedure, a complaint must contain: