Bar Exam — MBE (Multistate Bar Exam)Civil ProcedureEasy
A plaintiff filed a lawsuit in federal court against a defendant for breach of contract. The defendant believes that the plaintiff's complaint fails to state a claim upon which relief can be granted. Which of the following motions should the defendant file to challenge the legal sufficiency of the complaint?
- AMotion for a more definite statement.
- BMotion to dismiss for failure to state a claim.
- CMotion to dismiss for lack of subject matter jurisdiction.
- DMotion for summary judgment.
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 tool to challenge the legal sufficiency of a complaint, arguing that even if all factual allegations are true, the plaintiff has no legal right to relief.
Why the other options are wrong
- A. This motion is used when a pleading is so vague or ambiguous that a party cannot reasonably prepare a response, not to challenge legal sufficiency.
- C. This motion challenges the court's power to hear the case, not the legal merits of the complaint itself.
- D. This motion is filed after discovery when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law, not to challenge the initial pleading.
Motion to Dismiss for Failure to State a Claim (FRCP 12(b)(6))
A motion filed by a defendant arguing that, even if all factual allegations in the plaintiff's complaint are true, the plaintiff has not alleged a legally cognizable claim for which relief can be granted.
- Challenges the legal sufficiency of the complaint.
- Assumes all well-pleaded facts are true for the purpose of the motion.
- Must show plaintiff has no legal right to relief under any set of facts consistent with the allegations.
Memory trick: Before answering, defendants check for fatal flaws in the plaintiff's story.