Civil Procedure Flashcards

Under the Federal Rules of Civil Procedure, what pleading standard must a complaint satisfy to survive a Rule 12(b)(6) motion to dismiss?

Answer: The complaint must allege facts that plausibly give rise to an entitlement to relief

Under Twombly and Iqbal, a complaint must allege sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.

What is the minimum amount-in-controversy required for a federal court to exercise diversity jurisdiction under 28 U.S.C. § 1332?

Answer: More than $75,000, exclusive of interest and costs

Under 28 U.S.C. § 1332, federal diversity jurisdiction requires the matter in controversy to exceed $75,000, exclusive of interest and costs.

Under FRCP Rule 15(a)(1), a party may amend its pleading once as a matter of course:

Answer: Within 21 days after serving the pleading, or within 21 days after service of a responsive pleading or certain Rule 12 motions

Rule 15(a)(1) permits one amendment as of right within 21 days of serving the pleading or within 21 days of service of a responsive pleading or a Rule 12(b), (e), or (f) motion.

Under FRCP Rule 56(a), a court must grant summary judgment when:

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

Rule 56(a) mandates summary judgment when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

In Georgia, the general statute of limitations for personal injury actions is established under O.C.G.A. § 9-3-33 as:

Answer: Two years from the date of injury

O.C.G.A. § 9-3-33 provides that actions for injuries to the person must be brought within two years after the right of action accrues.

Under FRCP Rule 12(h)(1), which defense is waived if not raised in a party's first Rule 12 motion or responsive pleading?

Answer: Lack of personal jurisdiction

Rule 12(h)(1) provides that a party waives the defenses of lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process if not raised in the first Rule 12 motion or responsive pleading.

Under O.C.G.A. § 9-11-4(e)(1), service of process on a domestic corporation in Georgia may be made upon:

Answer: The corporation's president, secretary, cashier, treasurer, or registered agent

O.C.G.A. § 9-11-4(e)(1) provides that service on a corporation may be made on the president, secretary, cashier, treasurer, registered agent, or other officer.