Question

Which of the following is NOT a valid reason for filing a motion to dismiss once a suit is filed in a federal court?

a) Lack of personal jurisdiction.
b) Failure to state a claim.
c) Disagreement with the court's decision.
d) Improper venue.

Answer 1

The not valid reason for filing a motion to dismiss is 'disagreement with the court's decision.' Valid reasons include lack of personal jurisdiction, failure to state a claim, or improper venue.

Step-by-step explanation:

The correct option is c) Disagreement with the court's decision. The reasons a, b, and d are considered valid reasons for filing a motion to dismiss. Lack of personal jurisdiction means the court does not have the legal authority over the person.

Failure to state a claim implies that even if the facts presented are true, there is no legal basis for a lawsuit. Improper venue suggests that the case is being heard in a location that is not appropriate under the legal rules that determine where a case may be heard.