TN Bar Practice Questions - Tennessee Bar Examination Exam

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A defendant moves to dismiss a complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Under the Twombly/Iqbal standard, what must the complaint contain to survive the motion?

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

Correct Answer:

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

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