MBE Rules · Civil Procedure
12(b)(6) — failure to state a claim
FRCP 12(b)(6)
The rule
Tests the legal sufficiency of the complaint, taking all factual allegations as true and drawing reasonable inferences in favor of the plaintiff. The complaint must contain enough facts to state a claim to relief that is plausible on its face (Twombly/Iqbal).
In plain English
A 12(b)(6) motion asks if the complaint tells a story that could legally win, assuming all the facts are true. If it doesn't, the case can be dismissed.
Worked example
The plaintiff sues the defendant for breach of contract but only says 'the contract was unfair.' The court dismisses the case because the complaint lacks enough details to show a plausible breach.
Memory hook
Plausibility Plea: Facts, not Fables. Complaints need facts that show a plausible claim, not just legal conclusions.
The trap
Students think: any claim survives if facts are stated. Wrong, because mere facts aren't enough; they need to show plausibility. The actual test is Twombly/Iqbal standard.
How examiners test it
The MBE loves: a complaint with detailed legal jargon but vague facts. Trap: students miss that legal conclusions without factual support fail under 12(b)(6).
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