WV Bar Practice Questions - West Virginia Bar Examination Exam

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A defendant moves to dismiss a complaint under West Virginia Rule of Civil Procedure 12(b)(6) for failure to state a claim. In ruling on the motion, the court must:

Accept the factual allegations of the complaint as true and view them in the light most favorable to the plaintiff Weigh the credibility of the parties' competing affidavits Require the plaintiff to prove the claim by a preponderance of the evidence Dismiss the complaint if any element is disputed by the defendant

Correct Answer:

Accept the factual allegations of the complaint as true and view them in the light most favorable to the plaintiff

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