The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

208: Listen and Learn -- Motions to Dismiss a Case


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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/)

If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)!

Thanks for listening!

Alison & Lee

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