Bar Exam — MBE (Multistate Bar Exam)Civil ProcedureEasy
A plaintiff filed a lawsuit in federal court alleging a claim under a federal statute. The defendant believes the plaintiff failed to state a claim upon which relief can be granted. The defendant files a motion to dismiss. Which of the following is the most appropriate grounds for the defendant's motion?
- ALack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1).
- BImproper venue under Federal Rule of Civil Procedure 12(b)(3).
- CFailure to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6).
- DLack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2).
Show answer & explanationAnswer & explanation
Correct answer: C. Failure to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6).
Federal Rule of Civil Procedure 12(b)(6) is the specific rule for moving to dismiss a complaint for 'failure to state a claim upon which relief can be granted,' meaning that even if all factual allegations are true, the law does not provide a remedy.
Why the other options are wrong
- A. Rule 12(b)(1) addresses lack of subject matter jurisdiction, which concerns the court's power to hear the *type* of case, not whether the plaintiff has a valid legal claim.
- B. Rule 12(b)(3) addresses improper venue, which concerns the geographical location of the lawsuit, not the legal sufficiency of the claim.
- D. Rule 12(b)(2) addresses lack of personal jurisdiction, which concerns the court's power over the parties, not the legal merits of the claim itself.
Motion to Dismiss for Failure to State a Claim (Rule 12(b)(6))
A motion filed by a defendant asserting that, even if all the factual allegations in the plaintiff's complaint are true, the plaintiff has failed to state a cause of action for which the law provides a remedy.
- Tests the legal sufficiency of the complaint, not the factual merits.
- Court assumes all factual allegations in the complaint are true.
- Often results in dismissal without prejudice, allowing plaintiff to amend the complaint.
Memory trick: Rule 12: 'Prior' to answer, 'Move' to 'Dismiss'.