NC Bar Civil Procedure

Question 1

Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a motion to dismiss tests whether:

Accepted Answer

The plaintiff has stated a plausible claim for relief

Answer

The court has subject matter jurisdiction

Answer

The defendant was properly served

Answer

Discovery was conducted in good faith

Question 2

Federal diversity jurisdiction under 28 U.S.C. § 1332 requires:

Accepted Answer

Complete diversity between all plaintiffs and all defendants, and amount in controversy exceeding $75,000

Answer

Minimal diversity and any amount in controversy

Answer

Diversity plus a federal question

Answer

Citizenship in different states plus at least $50,000 in dispute

Question 3

The Iqbal/Twombly plausibility standard requires that a complaint:

Accepted Answer

Allege enough facts to raise a right to relief above the speculative level

Answer

Contain detailed factual allegations sufficient to prove each element

Answer

Provide notice to the defendant of the general nature of the claim only

Answer

Include a demand for judgment and the relief sought

Question 4

Under North Carolina Rules of Civil Procedure, Rule 12(b)(2) is used to challenge:

Accepted Answer

Personal jurisdiction over the defendant

Answer

Subject matter jurisdiction

Answer

Failure to state a claim

Answer

Improper venue

Question 5

Summary judgment under Rule 56 is appropriate when:

Accepted Answer

There is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law

Answer

The pleadings establish the plaintiff cannot win

Answer

The defendant admits all allegations in the complaint

Answer

Expert testimony supports one party's version of events

Question 6

Supplemental jurisdiction under 28 U.S.C. § 1367 allows federal courts to hear state law claims that:

Accepted Answer

Are transactionally related to the federal claim and form part of the same case or controversy

Answer

Meet the amount in controversy requirement independently

Answer

Were dismissed in state court for lack of jurisdiction

Answer

Are brought by the same party as the federal claim