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

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?

Accepted Answer

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

Answer

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:

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

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:

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

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:

Accepted Answer

Two years from the date of injury

Answer

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.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Civil Procedure