AL Bar Practice Questions - Alabama Bar Examination Exam

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A federal court grants a defendant's FRCP 12(b)(6) motion to dismiss for failure to state a claim. What standard governs whether the complaint survives such a motion?

The complaint must prove the claim by a preponderance of the evidence Any complaint that mentions a legal theory survives automatically The complaint must include admissible evidence attached as exhibits The complaint must contain sufficient factual matter, accepted as true, to state a claim that is plausible on its face

Correct Answer:

The complaint must contain sufficient factual matter, accepted as true, to state a claim that is plausible on its face

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