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

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:

Accepted Answer

Failure to state a claim upon which relief can be granted

Answer

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?

Accepted Answer

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

Answer

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:

Accepted Answer

State substantive law and federal procedural law

Answer

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:

Accepted Answer

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

Answer

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.

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD Civil Procedure