JD Civil Procedure 1 — Questions and Answers
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:
- $10,000
- $50,000
- $75,000 (Correct answer)
- $100,000
Correct answer: $75,000
Diversity jurisdiction requires complete diversity of citizenship between all plaintiffs and all defendants and an amount in controversy exceeding $75,000, exclusive of interest and costs.
Question 2: Under Federal Rule of Civil Procedure 12(b)(6), a defendant may move to dismiss for:
- Lack of personal jurisdiction
- Failure to state a claim upon which relief can be granted (Correct answer)
- Insufficient service of process
- Improper venue
Correct answer: Failure to state a claim upon which relief can be granted
A Rule 12(b)(6) motion tests the legal sufficiency of the complaint, arguing that even if all alleged facts are true, the plaintiff is not entitled to any legal remedy.
Question 3: Personal jurisdiction over a non-resident defendant typically requires that the defendant have which type of connection to the forum state?
- Residence in the forum state
- Minimum contacts with the forum state such that suit does not offend traditional notions of fair play (Correct answer)
- Consent of both parties
- A registered agent in the forum state
Correct answer: Minimum contacts with the forum state such that suit does not offend traditional notions of fair play
International Shoe Co. v. Washington (1945) established that personal jurisdiction requires minimum contacts with the forum state sufficient that maintenance of suit does not offend traditional notions of fair play and substantial justice.
Question 4: Under the Erie doctrine, federal courts sitting in diversity must apply:
- Federal common law on all issues
- State substantive law and federal procedural law (Correct answer)
- The law of the state where the federal court sits only for constitutional issues
- Federal law whenever federal and state law conflict
Correct answer: State substantive law and federal procedural law
Erie Railroad Co. v. Tompkins (1938) held that federal courts in diversity cases must apply the substantive law of the state in which they sit, while using federal procedural rules.
Question 5: The 'pleading' standard established in Ashcroft v. Iqbal (2009) requires that a complaint contain:
- A short and plain statement of the claim showing entitlement to relief
- Sufficient factual content to state a claim that is plausible on its face (Correct answer)
- Notice of the general nature of the claim only
- Specific evidence supporting each element of the claim
Correct answer: Sufficient factual content to state a claim that is plausible on its face
Iqbal requires a complaint to contain sufficient factual allegations, accepted as true, to state a claim to relief that is plausible on its face — not merely consistent with wrongdoing.
Question 6: Under FRCP Rule 56, summary judgment is appropriate when:
- The plaintiff's claims are legally insufficient
- There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- All discovery has been completed
- The opposing party fails to appear
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 requires the court to grant summary judgment when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.
JD Civil Procedure 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: