CO Bar Civil Procedure 1 — Questions and Answers
Question 1: Under 28 U.S.C. § 1332, what is the amount-in-controversy requirement for federal diversity jurisdiction?
- More than $10,000
- At least $50,000
- More than $75,000 (Correct answer)
- At least $100,000
Correct answer: More than $75,000
Federal diversity jurisdiction requires that the amount in controversy exceed $75,000, exclusive of interest and costs.
Question 2: Under International Shoe Co. v. Washington, personal jurisdiction over a non-resident defendant is constitutional when the defendant has:
- A registered agent in the forum state
- Minimum contacts with the forum such that suit does not offend traditional notions of fair play and substantial justice (Correct answer)
- Committed a tortious act within the forum state's borders
- Signed a contract to be performed in the forum state
Correct answer: Minimum contacts with the forum such that suit does not offend traditional notions of fair play and substantial justice
International Shoe established the minimum contacts test: a defendant must have sufficient contacts with the forum so that haling it into court there comports with fair play and substantial justice.
Question 3: Under 28 U.S.C. § 1391, venue in a federal civil action is proper in a district where:
- The plaintiff resides at the time the action is filed
- 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 (Correct answer)
- The majority of witnesses reside
- The defendant's principal place of business is located
Correct 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
Section 1391 permits venue where any defendant resides if all defendants are residents of the same state, or where a substantial part of the events or omissions giving rise to the claim occurred.
Question 4: Under FRCP 4(e), service of process on an individual in a federal action may be accomplished by:
- Mailing copies to the defendant's last known address via certified mail
- Delivering copies to the individual personally or leaving them at the individual's dwelling with a person of suitable age and discretion residing there (Correct answer)
- Leaving a copy with any employee at the defendant's place of business
- Publishing notice in a newspaper of general circulation in the forum state
Correct 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
FRCP 4(e) allows personal delivery to the individual or substituted service at the individual's usual abode with a resident of suitable age and discretion.
Question 5: Under the pleading standard established in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, a complaint must contain:
- A short and plain statement of the claim with any factual allegation
- Specific facts supporting every element of each cause of action
- Sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face (Correct answer)
- A detailed recitation of all evidence the plaintiff intends to introduce at trial
Correct answer: Sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face
Twombly and Iqbal require that a complaint allege enough factual content to make the claim plausible, not merely possible or conceivable.
Question 6: A motion to dismiss under FRCP 12(b)(6) challenges:
- Whether the court has subject matter jurisdiction over the dispute
- Whether service of process was effectuated in the proper manner
- Whether the plaintiff's complaint states a legally cognizable claim for relief (Correct answer)
- Whether venue is proper in the chosen district
Correct answer: Whether the plaintiff's complaint states a legally cognizable claim for relief
A 12(b)(6) motion asserts that even accepting all well-pleaded facts as true, the complaint fails to state a claim upon which relief can be granted.
Question 7: Under FRCP 20(a), persons may be joined as defendants in a single action if:
- The plaintiff's claims against them arise from a common legal theory
- 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 (Correct answer)
- All defendants are citizens of the same state
- The court determines that joinder would promote judicial economy
Correct 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
Permissive joinder of defendants under Rule 20 requires both the same-transaction-or-occurrence element and a common question of law or fact.
CO Bar Civil Procedure 1
Under 28 U.S.C. § 1332, what is the amount-in-controversy requirement for federal diversity jurisdiction?