GA Bar Civil Procedure

Question 1

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

Accepted Answer

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

Answer

The complaint must contain specific facts sufficient to constitute each element of a cause of action

Answer

The plaintiff must prove a prima facie case at the pleading stage

Answer

The complaint need only provide fair notice of the claim to the defendant

Question 2

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

Accepted Answer

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

Answer

At least $50,000, exclusive of interest and costs

Answer

At least $75,000, including interest and costs

Answer

More than $100,000, exclusive of interest and costs

Question 3

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

Accepted Answer

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

Answer

Within 30 days after serving the pleading, with notice to all parties

Answer

At any time before the defendant files an answer, without restriction

Answer

Only with written consent of all parties or leave of court

Question 4

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

The moving party has presented a preponderance of evidence in its favor

Answer

The non-moving party fails to attend the summary judgment hearing

Answer

The court finds the non-moving party's evidence unpersuasive on its face

Question 5

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

Accepted Answer

Two years from the date of injury

Answer

One year from the date of injury

Answer

Three years from the date of injury

Answer

Four years from the date of injury

Question 6

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

Accepted Answer

Lack of personal jurisdiction

Answer

Failure to state a claim upon which relief can be granted

Answer

Lack of subject matter jurisdiction

Answer

Failure to join an indispensable party under Rule 19

Question 7

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

Accepted Answer

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

Answer

Any employee at the corporation's principal office during normal business hours

Answer

The corporation's attorney of record in the pending litigation

Answer

Any officer or director regardless of whether they are present in Georgia