Multistate Bar Examination (MBE)

Under FRCP Rule 12(b)(6), what must a plaintiff's complaint satisfy to survive a motion to dismiss?

The complaint must plead sufficient facts to state a claim for relief that is plausible on its face The plaintiff must produce evidence proving each element of the claim The complaint must identify specific witnesses and documents supporting each allegation The plaintiff must show a likelihood of success exceeding 50%

Correct Answer:

The complaint must plead sufficient facts to state a claim for relief that is plausible on its face

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