AL Bar Civil Procedure

Question 1

Federal diversity jurisdiction under 28 U.S.C. § 1332 requires complete diversity of citizenship and an amount in controversy exceeding:

Accepted Answer

$75,000

Answer

Federal diversity jurisdiction requires that no plaintiff share citizenship with any defendant and that the amount in controversy exceed $75,000 exclusive of interest and costs.

Question 2

Under FRCP 12(b)(6), a complaint survives a motion to dismiss only if it contains:

Accepted Answer

Sufficient factual matter to state a plausible claim for relief

Answer

Under Twombly and Iqbal, a complaint must plead sufficient factual content to make the claimed relief plausible on its face, not merely possible.

Question 3

Personal jurisdiction requires that the defendant have minimum contacts with the forum state such that:

Accepted Answer

Maintenance of the suit does not offend traditional notions of fair play and substantial justice

Answer

International Shoe established that minimum contacts must be such that haling the defendant into the forum does not offend traditional notions of fair play and substantial justice.

Question 4

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

Accepted Answer

State substantive law and federal procedural law

Answer

Under Erie Railroad Co. v. Tompkins, federal courts in diversity cases apply state substantive law but follow federal procedural rules.

Question 5

Under FRCP 56, summary judgment must be granted 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

Summary judgment is appropriate when there is no genuine issue of material fact for the jury to resolve and the law entitles the moving party to win.

AL Bar - Alabama Bar Exam Practice Test

AL Bar - Alabama Bar Exam Practice Test

AL Bar Civil Procedure