Bar Exam — MBE (Multistate Bar Exam)Civil ProcedureEasy
A plaintiff filed a lawsuit in federal court against a defendant, alleging violations of a federal environmental statute. The defendant believes the complaint lacks sufficient factual allegations to state a plausible claim for relief. What is the most appropriate procedural mechanism for the defendant to challenge the complaint?
- AMotion for Summary Judgment
- BMotion to Dismiss for Failure to State a Claim
- CMotion to Dismiss for Lack of Subject Matter Jurisdiction
- DMotion for Judgment as a Matter of Law
Show answer & explanationAnswer & explanation
Correct answer: B. Motion to Dismiss for Failure to State a Claim
A motion to dismiss for failure to state a claim (Rule 12(b)(6)) is the appropriate procedural mechanism to challenge a complaint that, even if all factual allegations are true, fails to state a plausible claim for relief under the law.
Why the other options are wrong
- A. Motion for Summary Judgment is typically filed after discovery, asserting there's no genuine dispute of material fact.
- C. Motion to Dismiss for Lack of Subject Matter Jurisdiction challenges the court's power over the type of case, not the sufficiency of the factual allegations.
- D. Motion for Judgment as a Matter of Law is made during or after trial, based on the evidence presented to a jury.
Motion to Dismiss (Rule 12(b)(6))
A defendant may file a motion to dismiss a complaint for 'failure to state a claim upon which relief can be granted' if, assuming all factual allegations in the complaint are true, the plaintiff has not pleaded a plausible claim for relief.
- Filed early in the litigation, before an answer.
- Focuses solely on the allegations in the complaint.
- Court considers if the facts, if true, would entitle the plaintiff to relief.
Memory trick: Pleading Problems? Motion to Dismiss is your first stop.