TX Bar Civil Procedure 1 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure, how many days does a defendant have to respond to a complaint after being served?
- 14 days
- 21 days (Correct answer)
- 30 days
- 60 days
Correct answer: 21 days
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?
- Detailed factual allegations establishing each element of every claim
- A short and plain statement showing the pleader is entitled to relief under any possible theory
- Sufficient factual matter to state a claim for relief that is plausible on its face (Correct answer)
- Specific facts proving the defendant acted with malice or fraudulent intent
Correct answer: Sufficient factual matter to state a claim for relief that is plausible on its face
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?
- Fact pleading requiring detailed factual allegations for each element of the cause of action
- Fair notice pleading requiring the petition to give the opposing party fair notice of the claim and relief sought (Correct answer)
- Plausibility pleading adopted from federal practice after Twombly
- Code pleading requiring the pleader to state all ultimate facts
Correct answer: Fair notice pleading requiring the petition to give the opposing party fair notice of the claim and relief sought
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:
- $10,000
- $50,000
- $75,000 (Correct answer)
- $100,000
Correct answer: $75,000
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?
- Federal question jurisdiction under 28 U.S.C. § 1331
- Diversity of citizenship jurisdiction under 28 U.S.C. § 1332
- Personal jurisdiction based on the defendant's contacts with the forum state (Correct answer)
- Supplemental jurisdiction under 28 U.S.C. § 1367
Correct answer: Personal jurisdiction based on the defendant's contacts with the forum state
Personal jurisdiction governs a court's authority over the parties, not the type of dispute; it is not a form of subject matter jurisdiction.
Question 6: Under the Erie doctrine, when must a federal court sitting in diversity apply state substantive law?
- Only when the case involves a state statutory claim, not common law
- Always, on all issues of substantive law, because there is no federal general common law (Correct answer)
- Only when no federal statute or rule directly addresses the precise issue
- Only when both parties expressly agree to apply state law
Correct answer: Always, on all issues of substantive law, because there is no federal general common law
Erie Railroad Co. v. Tompkins (1938) held that federal courts sitting in diversity must apply the substantive law of the state in which the court sits; there is no federal general common law.
Question 7: Under Texas law, within how many days after a judgment is signed must a motion for new trial be filed?
- 10 days
- 20 days
- 30 days (Correct answer)
- 45 days
Correct answer: 30 days
Texas Rule of Civil Procedure 329b(a) requires a motion for new trial to be filed within 30 days after the judgment or other order complained of is signed.
TX Bar Civil Procedure 1
Under the Federal Rules of Civil Procedure, how many days does a defendant have to respond to a complaint after being served?