MN Bar Practice Questions - Minnesota Bar Examination Exam

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A plaintiff files a complaint in federal court. The defendant believes the complaint, even if true, states no legally cognizable claim. Which motion should the defendant file?

A motion for summary judgment under Rule 56 A motion to dismiss for failure to state a claim under Rule 12(b)(6) A motion for judgment as a matter of law under Rule 50 A motion for a more definite statement under Rule 12(e)

Correct Answer:

A motion to dismiss for failure to state a claim under Rule 12(b)(6)

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