CO Bar Practice Questions - Colorado Bar Examination Exam

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A plaintiff files a complaint in federal court. The defendant believes the complaint, even if all facts are true, fails to state a legally cognizable claim. Which motion should the defendant file?

A motion to dismiss for failure to state a claim under Rule 12(b)(6) A motion for summary judgment under Rule 56 A motion for judgment on the pleadings under Rule 7 A motion for a more definite statement under Rule 8

Correct Answer:

A motion to dismiss for failure to state a claim under Rule 12(b)(6)

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