GA Bar Civil Procedure 1 — Questions and Answers
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?
- The complaint must contain specific facts sufficient to constitute each element of a cause of action
- The complaint must allege facts that plausibly give rise to an entitlement to relief (Correct answer)
- The plaintiff must prove a prima facie case at the pleading stage
- The complaint need only provide fair notice of the claim to the defendant
Correct 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.
Question 2: What is the minimum amount-in-controversy required for a federal court to exercise diversity jurisdiction under 28 U.S.C. § 1332?
- At least $50,000, exclusive of interest and costs
- More than $75,000, exclusive of interest and costs (Correct answer)
- At least $75,000, including interest and costs
- More than $100,000, exclusive of interest and costs
Correct 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.
Question 3: Under FRCP Rule 15(a)(1), a party may amend its pleading once as a matter of course:
- Within 21 days after serving the pleading, or within 21 days after service of a responsive pleading or certain Rule 12 motions (Correct answer)
- Within 30 days after serving the pleading, with notice to all parties
- At any time before the defendant files an answer, without restriction
- Only with written consent of all parties or leave of court
Correct 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.
Question 4: Under FRCP Rule 56(a), a court must grant summary judgment when:
- The moving party has presented a preponderance of evidence in its favor
- There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- The non-moving party fails to attend the summary judgment hearing
- The court finds the non-moving party's evidence unpersuasive on its face
Correct 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.
Question 5: In Georgia, the general statute of limitations for personal injury actions is established under O.C.G.A. § 9-3-33 as:
- One year from the date of injury
- Two years from the date of injury (Correct answer)
- Three years from the date of injury
- Four years from the date of injury
Correct 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.
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?
- Failure to state a claim upon which relief can be granted
- Lack of subject matter jurisdiction
- Lack of personal jurisdiction (Correct answer)
- Failure to join an indispensable party under Rule 19
Correct 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.
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:
- Any employee at the corporation's principal office during normal business hours
- The corporation's president, secretary, cashier, treasurer, or registered agent (Correct answer)
- The corporation's attorney of record in the pending litigation
- Any officer or director regardless of whether they are present in Georgia
Correct 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.
GA Bar Civil Procedure 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?