USVI Bar Practice Questions - United States Virgin Islands Bar Examination Exam

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A plaintiff files a complaint that states a legally sufficient claim but contains only conclusory allegations without supporting factual content. The defendant moves to dismiss under Rule 12(b)(6). Under Twombly and Iqbal, what standard applies?

The complaint is automatically dismissed if the defendant denies the allegations The complaint survives if any set of facts could conceivably support the claim The complaint must contain sufficient factual matter to state a claim that is plausible on its face The complaint must prove the claim by a preponderance of the evidence

Correct Answer:

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

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