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

$10,000

Answer

$50,000

Answer

$100,000

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

Detailed factual allegations supporting each element of the claim

Answer

Sworn testimony or affidavits supporting the claims

Answer

Expert opinions on each contested legal issue

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

The defendant has an office in the state

Answer

The defendant was served while in the state

Answer

The cause of action arose in the state

Question 4

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

Accepted Answer

State substantive law and federal procedural law

Answer

Federal common law on all substantive issues

Answer

The law of the state where the plaintiff resides

Answer

Federal law on all questions

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

The court believes one party will prevail at trial

Answer

The opposing party fails to appear at the hearing

Answer

The case involves only legal questions

Question 6

The doctrine of claim preclusion (res judicata) bars re-litigation of claims that:

Accepted Answer

Could have been brought in a prior action between the same parties that reached a final judgment on the merits

Answer

Were litigated and decided in a prior action involving the same parties

Answer

Arise from the same general subject matter as a prior case

Answer

Were dismissed without prejudice in a prior action