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

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:

Accepted Answer

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

Answer

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:

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

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:

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

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:

Accepted Answer

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

Answer

Twombly and Iqbal require that a complaint allege enough factual content to make the claim plausible, not merely possible or conceivable.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Civil Procedure