NC Bar Civil Procedure 1 — Questions and Answers
Question 1: Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a motion to dismiss tests whether:
- The court has subject matter jurisdiction
- The plaintiff has stated a plausible claim for relief (Correct answer)
- The defendant was properly served
- Discovery was conducted in good faith
Correct answer: The plaintiff has stated a plausible claim for relief
A 12(b)(6) motion challenges the legal sufficiency of the complaint; under Twombly/Iqbal, the plaintiff must plead enough facts to state a plausible claim.
Question 2: Federal diversity jurisdiction under 28 U.S.C. § 1332 requires:
- Complete diversity between all plaintiffs and all defendants, and amount in controversy exceeding $75,000 (Correct answer)
- Minimal diversity and any amount in controversy
- Diversity plus a federal question
- Citizenship in different states plus at least $50,000 in dispute
Correct answer: Complete diversity between all plaintiffs and all defendants, and amount in controversy exceeding $75,000
Complete diversity (no plaintiff sharing citizenship with any defendant) and an amount in controversy exceeding $75,000 (exclusive of interest and costs) are both required.
Question 3: The Iqbal/Twombly plausibility standard requires that a complaint:
- Contain detailed factual allegations sufficient to prove each element
- Allege enough facts to raise a right to relief above the speculative level (Correct answer)
- Provide notice to the defendant of the general nature of the claim only
- Include a demand for judgment and the relief sought
Correct answer: Allege enough facts to raise a right to relief above the speculative level
Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal require a complaint to state a plausible claim by alleging facts that, if accepted as true, raise the right to relief above mere speculation.
Question 4: Under North Carolina Rules of Civil Procedure, Rule 12(b)(2) is used to challenge:
- Subject matter jurisdiction
- Personal jurisdiction over the defendant (Correct answer)
- Failure to state a claim
- Improper venue
Correct answer: Personal jurisdiction over the defendant
Rule 12(b)(2) in both federal and North Carolina courts is the vehicle for challenging the court's personal jurisdiction over the defendant.
Question 5: Summary judgment under Rule 56 is appropriate when:
- The pleadings establish the plaintiff cannot win
- There is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law (Correct answer)
- The defendant admits all allegations in the complaint
- Expert testimony supports one party's version of events
Correct answer: There is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law
Under Rule 56, summary judgment is granted when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.
Question 6: Supplemental jurisdiction under 28 U.S.C. § 1367 allows federal courts to hear state law claims that:
- Meet the amount in controversy requirement independently
- Are transactionally related to the federal claim and form part of the same case or controversy (Correct answer)
- Were dismissed in state court for lack of jurisdiction
- Are brought by the same party as the federal claim
Correct answer: Are transactionally related to the federal claim and form part of the same case or controversy
Section 1367 grants supplemental jurisdiction over state claims that share a common nucleus of operative fact with the federal claim, forming part of the same constitutional case.
NC Bar Civil Procedure 1
Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a motion to dismiss tests whether: