CO Bar Civil Procedure

Question 1

Under 28 U.S.C. § 1332, what is the amount-in-controversy requirement for federal diversity jurisdiction?

Accepted Answer

More than $75,000

Answer

More than $10,000

Answer

At least $50,000

Answer

At least $100,000

Question 2

Under International Shoe Co. v. Washington, personal jurisdiction over a non-resident defendant is constitutional when the defendant has:

Accepted Answer

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

Answer

A registered agent in the forum state

Answer

Committed a tortious act within the forum state's borders

Answer

Signed a contract to be performed in the forum state

Question 3

Under 28 U.S.C. § 1391, venue in a federal civil action is proper in a district where:

Accepted Answer

Any defendant resides if all defendants reside in the same state, or where a substantial part of the events giving rise to the claim occurred

Answer

The plaintiff resides at the time the action is filed

Answer

The majority of witnesses reside

Answer

The defendant's principal place of business is located

Question 4

Under FRCP 4(e), service of process on an individual in a federal action may be accomplished by:

Accepted Answer

Delivering copies to the individual personally or leaving them at the individual's dwelling with a person of suitable age and discretion residing there

Answer

Mailing copies to the defendant's last known address via certified mail

Answer

Leaving a copy with any employee at the defendant's place of business

Answer

Publishing notice in a newspaper of general circulation in the forum state

Question 5

Under the pleading standard established in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, a complaint must contain:

Accepted Answer

Sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face

Answer

A short and plain statement of the claim with any factual allegation

Answer

Specific facts supporting every element of each cause of action

Answer

A detailed recitation of all evidence the plaintiff intends to introduce at trial

Question 6

A motion to dismiss under FRCP 12(b)(6) challenges:

Accepted Answer

Whether the plaintiff's complaint states a legally cognizable claim for relief

Answer

Whether the court has subject matter jurisdiction over the dispute

Answer

Whether service of process was effectuated in the proper manner

Answer

Whether venue is proper in the chosen district

Question 7

Under FRCP 20(a), persons may be joined as defendants in a single action if:

Accepted Answer

Any right to relief is asserted against them jointly, severally, or arising out of the same transaction or occurrence AND a common question of law or fact exists

Answer

The plaintiff's claims against them arise from a common legal theory

Answer

All defendants are citizens of the same state

Answer

The court determines that joinder would promote judicial economy