JD Civil Procedure

Question 1

Federal courts have diversity jurisdiction under 28 U.S.C. § 1332 when the parties are citizens of different states and the amount in controversy exceeds:

Accepted Answer

$75,000

Answer

$10,000

Answer

$50,000

Answer

$100,000

Question 2

Under Federal Rule of Civil Procedure 12(b)(6), a defendant may move to dismiss for:

Accepted Answer

Failure to state a claim upon which relief can be granted

Answer

Lack of personal jurisdiction

Answer

Insufficient service of process

Answer

Improper venue

Question 3

Personal jurisdiction over a non-resident defendant typically requires that the defendant have which type of connection to the forum state?

Accepted Answer

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

Answer

Residence in the forum state

Answer

Consent of both parties

Answer

A registered agent in the forum state

Question 4

Under the Erie doctrine, federal courts sitting in diversity must apply:

Accepted Answer

State substantive law and federal procedural law

Answer

Federal common law on all issues

Answer

The law of the state where the federal court sits only for constitutional issues

Answer

Federal law whenever federal and state law conflict

Question 5

The 'pleading' standard established in Ashcroft v. Iqbal (2009) requires that a complaint contain:

Accepted Answer

Sufficient factual content to state a claim that is plausible on its face

Answer

A short and plain statement of the claim showing entitlement to relief

Answer

Notice of the general nature of the claim only

Answer

Specific evidence supporting each element of the claim

Question 6

Under FRCP Rule 56, summary judgment is appropriate 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 plaintiff's claims are legally insufficient

Answer

All discovery has been completed

Answer

The opposing party fails to appear