OK Bar Civil Procedure Flashcards
6 cards from real OK BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 OK Bar Civil Procedure flashcards as text
Under the Federal Rules of Civil Procedure, a complaint must contain:
Answer: A short and plain statement of the claim showing the pleader is entitled to relief
FRCP Rule 8(a) requires only a short and plain statement of the claim showing entitlement to relief, consistent with notice pleading.
Personal jurisdiction based on 'minimum contacts' requires that:
Answer: The defendant has purposefully availed itself of the forum state's privileges so that being haled into court there is foreseeable
International Shoe requires minimum contacts such that the defendant purposefully availed itself of the forum, making jurisdiction reasonable and fair.
Subject matter jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332 requires:
Answer: Complete diversity between parties and an amount in controversy exceeding $75,000
Section 1332 requires complete diversity (no plaintiff from the same state as any defendant) plus an amount in controversy exceeding $75,000.
In Oklahoma state courts, venue is generally proper in the county where:
Answer: The cause of action arose or where the defendant resides
Oklahoma venue statutes generally place venue where the cause of action arose or where the defendant resides.
A motion to dismiss under FRCP Rule 12(b)(6) tests whether:
Answer: The complaint states a claim upon which relief can be granted
A Rule 12(b)(6) motion challenges the legal sufficiency of the complaint, asking whether the allegations state a cognizable claim.
The Erie doctrine requires federal courts sitting in diversity to apply:
Answer: State substantive law and federal procedural law
Under Erie Railroad v. Tompkins, federal courts in diversity cases must apply state substantive law while following federal procedural rules.