OK Bar OK Bar Civil Procedure

Question 1

Under the Federal Rules of Civil Procedure, a complaint must contain:

Accepted Answer

A short and plain statement of the claim showing the pleader is entitled to relief

Answer

Detailed factual allegations supporting every element of the claim

Answer

Sworn affidavits from each witness

Answer

A statement of jurisdiction and a jury demand

Question 2

Personal jurisdiction based on 'minimum contacts' requires that:

Accepted Answer

The defendant has purposefully availed itself of the forum state's privileges so that being haled into court there is foreseeable

Answer

The defendant is physically present in the state

Answer

The plaintiff resides in the forum state

Answer

The defendant owns property in the forum state

Question 3

Subject matter jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332 requires:

Accepted Answer

Complete diversity between parties and an amount in controversy exceeding $75,000

Answer

At least one party from each of two different states and any amount in controversy

Answer

Partial diversity and a federal question

Answer

All parties from different states and no amount-in-controversy requirement

Question 4

In Oklahoma state courts, venue is generally proper in the county where:

Accepted Answer

The cause of action arose or where the defendant resides

Answer

The plaintiff resides

Answer

The largest volume of evidence is located

Answer

The attorney of record maintains an office

Question 5

A motion to dismiss under FRCP Rule 12(b)(6) tests whether:

Accepted Answer

The complaint states a claim upon which relief can be granted

Answer

The court has jurisdiction over the subject matter

Answer

Service of process was proper

Answer

The defendant has a meritorious defense

Question 6

The Erie doctrine requires federal courts sitting in diversity to apply:

Accepted Answer

State substantive law and federal procedural law

Answer

Federal common law to all substantive issues

Answer

The law of the state most closely connected to the dispute

Answer

Federal law whenever it conflicts with state law