Mar 13, 2023
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing the Federal Rules of Civil Procedure, and specifically Rule 12(b), which governs defenses and motions to dismiss, and is frequently tested on the bar exam.
In this episode, we discuss:
- Motions to dismiss based on the defenses enumerated in Rule 12(b)
- The requirements for an adequate pleading
- How a court will evaluate a claim to grant relief
- Two sample questions illustrating motions to dismiss a case
Resources:
- “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn)
- Bell Atlantic Corp. v. Twombly (https://www.oyez.org/cases/2006/05-1126)
- Ashcroft v. Iqbal (https://www.oyez.org/cases/2008/07-1015)
- Podcast Episode 92: Listen and Learn – Subject Matter Jurisdiction (https://barexamtoolbox.com/podcast-episode-92-listen-and-learn-subject-matter-jurisdiction/)
- Podcast Episode 169: Listen and Learn – Personal Jurisdiction (Civ Pro) (https://barexamtoolbox.com/podcast-episode-169-listen-and-learn-personal-jurisdiction-civ-pro/)
Download the Transcript
(https://barexamtoolbox.com/episode-208-listen-and-learn-motions-to-dismiss-a-case/)
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Thanks for listening!
Alison & Lee