Kansas Bar Exam (UBE) — Multistate Bar Examination (MBE)

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What is the standard for determining whether a motion to dismiss for failure to state a claim upon which relief can be granted should be granted?

Whether the plaintiff's claim is likely to succeed at trial Whether the complaint contains a sufficient factual basis to support a legal claim Whether the plaintiff has made a sufficient evidentiary showing to warrant a trial Whether the defendant has a valid defense to the claim

Correct Answer:

Whether the complaint contains a sufficient factual basis to support a legal claim

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