AZ Bar Civil Procedure 1

Question 1

Under the Federal Rules of Civil Procedure, a complaint must contain:

Accepted Answer

A short and plain statement showing the pleader is entitled to relief

Answer

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:

Accepted Answer

Complete diversity of citizenship and an amount in controversy exceeding $75,000

Answer

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:

Accepted Answer

State substantive law and federal procedural law

Answer

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:

Accepted Answer

Minimum contacts with the forum state such that jurisdiction does not offend traditional notions of fair play and substantial justice

Answer

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:

Accepted Answer

There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law

Answer

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.

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar Civil Procedure 1