MI Bar Practice Questions - Michigan Bar Examination Exam

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Under the standard for a Rule 12(b)(6) motion to dismiss for failure to state a claim (Twombly/Iqbal), what must the complaint contain to survive?

Detailed evidentiary facts proving every element by a preponderance A sworn affidavit from each witness Merely a recitation of the legal elements of the claim Enough factual matter, accepted as true, to state a claim to relief that is plausible on its face

Correct Answer:

Enough factual matter, accepted as true, to state a claim to relief that is plausible on its face

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