Paralegal Certification PrepLitigationMedium
A paralegal is working on a civil case where the plaintiff is seeking damages for injuries sustained in an automobile accident. The defendant's attorney files a motion arguing that, even if all the plaintiff's allegations are true, the plaintiff has failed to state a claim upon which relief can be granted. What type of motion has the defendant's attorney filed?
- AMotion for summary judgment
- BMotion for a directed verdict
- CMotion to dismiss for failure to state a claim
- DMotion for judgment notwithstanding the verdict (JNOV)
Show answer & explanationAnswer & explanation
Correct answer: C. Motion to dismiss for failure to state a claim
A motion to dismiss for failure to state a claim (often under Rule 12(b)(6)) is filed early in a lawsuit, arguing that even if the facts alleged by the plaintiff are true, they do not constitute a legally recognized cause of action.
Why the other options are wrong
- A. A motion for summary judgment is filed after discovery and argues there are no genuine issues of material fact, and the moving party is entitled to judgment as a matter of law.
- B. A motion for a directed verdict is made during trial after evidence has been presented, arguing that no reasonable jury could find for the opposing party.
- D. A motion for judgment notwithstanding the verdict (JNOV) is made after a jury verdict, arguing that the verdict is not supported by the evidence or law.
Motion to Dismiss (12(b)(6))
A pre-trial motion filed by a defendant arguing that the plaintiff's complaint, even if all its factual allegations are accepted as true, fails to state a claim upon which relief can be granted under the law.
- Filed early in the litigation process.
- Focuses solely on the legal sufficiency of the complaint.
- Does not involve factual disputes or evidence beyond the complaint.
Memory trick: Dispositive motions try to 'Stop' the case before trial.