OK Bar OK Bar Civil Procedure 1

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

FRCP Rule 8(a) requires only a short and plain statement of the claim showing entitlement to relief, consistent with notice pleading.

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

International Shoe requires minimum contacts such that the defendant purposefully availed itself of the forum, making jurisdiction reasonable and fair.

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

Section 1332 requires complete diversity (no plaintiff from the same state as any defendant) plus an amount in controversy exceeding $75,000.

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

Oklahoma venue statutes generally place venue where the cause of action arose or where the defendant resides.

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

A Rule 12(b)(6) motion challenges the legal sufficiency of the complaint, asking whether the allegations state a cognizable claim.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar OK Bar Civil Procedure 1