Massachusetts Bar Examination (UBE)

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In Massachusetts, which of the following is the correct standard for granting a motion to dismiss for failure to state a claim?

The complaint must present an "obvious" claim. The facts must be determined by a jury The complaint must be proven beyond a reasonable doubt. The facts alleged must fail to state a claim upon which relief can be granted.

Correct Answer:

The facts alleged must fail to state a claim upon which relief can be granted.

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