TX Bar Civil Procedure

Question 1

Under the Federal Rules of Civil Procedure, how many days does a defendant have to respond to a complaint after being served?

Accepted Answer

21 days

Answer

FRCP Rule 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.

Question 2

Under the pleading standard established in Twombly and Iqbal, what must a federal complaint contain to survive a Rule 12(b)(6) motion to dismiss?

Accepted Answer

Sufficient factual matter to state a claim for relief that is plausible on its face

Answer

Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly require a complaint to contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.

Question 3

Under the Texas Rules of Civil Procedure, what pleading standard applies to most civil petitions?

Accepted Answer

Fair notice pleading requiring the petition to give the opposing party fair notice of the claim and relief sought

Answer

Texas follows a fair notice pleading standard under TRCP 47, requiring only that the petition give the opposing party fair notice of the claim and the relief sought.

Question 4

For federal diversity jurisdiction under 28 U.S.C. § 1332, the amount in controversy must exceed:

Accepted Answer

$75,000

Answer

Federal diversity jurisdiction requires that the matter in controversy exceed $75,000, exclusive of interest and costs, under 28 U.S.C. § 1332(a).

Question 5

Which of the following is NOT a basis for subject matter jurisdiction in federal court?

Accepted Answer

Personal jurisdiction based on the defendant's contacts with the forum state

Answer

Personal jurisdiction governs a court's authority over the parties, not the type of dispute; it is not a form of subject matter jurisdiction.

(TX Bar) Texas Bar Exam Practice Test

(TX Bar) Texas Bar Exam Practice Test

TX Bar Civil Procedure