OK Bar OK Bar Civil Procedure 1 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure, a complaint must contain:
- Detailed factual allegations supporting every element of the claim
- A short and plain statement of the claim showing the pleader is entitled to relief (Correct answer)
- Sworn affidavits from each witness
- A statement of jurisdiction and a jury demand
Correct 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.
Question 2: Personal jurisdiction based on 'minimum contacts' requires that:
- The defendant is physically present in the state
- The defendant has purposefully availed itself of the forum state's privileges so that being haled into court there is foreseeable (Correct answer)
- The plaintiff resides in the forum state
- The defendant owns property in the forum state
Correct 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.
Question 3: Subject matter jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332 requires:
- At least one party from each of two different states and any amount in controversy
- Complete diversity between parties and an amount in controversy exceeding $75,000 (Correct answer)
- Partial diversity and a federal question
- All parties from different states and no amount-in-controversy requirement
Correct 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.
Question 4: In Oklahoma state courts, venue is generally proper in the county where:
- The plaintiff resides
- The cause of action arose or where the defendant resides (Correct answer)
- The largest volume of evidence is located
- The attorney of record maintains an office
Correct 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.
Question 5: A motion to dismiss under FRCP Rule 12(b)(6) tests whether:
- The court has jurisdiction over the subject matter
- The complaint states a claim upon which relief can be granted (Correct answer)
- Service of process was proper
- The defendant has a meritorious defense
Correct 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.
Question 6: The Erie doctrine requires federal courts sitting in diversity to apply:
- Federal common law to all substantive issues
- State substantive law and federal procedural law (Correct answer)
- The law of the state most closely connected to the dispute
- Federal law whenever it conflicts with state law
Correct 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.
OK Bar OK Bar Civil Procedure 1
Under the Federal Rules of Civil Procedure, a complaint must contain: