NC Bar Civil Procedure 1

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

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:

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

Personal jurisdiction over the defendant

Answer

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:

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

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.

NC Bar - North Carolina Bar Exam Practice Test

NC Bar - North Carolina Bar Exam Practice Test

NC Bar Civil Procedure 1