Which defenses may be asserted by motion under FRCP 12?

Which defenses may be asserted by motion under FRCP 12?

• A. Lack of subject-matter jurisdiction.
• B. Lack of subject-matter jurisdiction; lack of personal jurisdiction; improper venue; insufficient process; insufficient service of process; failure to state a claim; and failure to join a party.
• C. Lack of subject-matter jurisdiction; and lack of personal jurisdiction only.
• D. Lack of subject-matter jurisdiction; failure to join a party under Rule 19 only.

Answer: (B)

The concept here is the set of defenses that can be raised by a Rule 12 motion. Under Rule 12(b), a defendant can challenge a complaint on seven grounds: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim, and failure to join a party under Rule 19. Each of these defenses corresponds to a different subsection of Rule 12(b), so a single motion can assert any or all of them before answering. That’s why the option listing all seven defenses is the best: it reflects the complete scope of defenses that may be raised by motion under Rule 12. The other options miss one or more of these arise-and-raise grounds, making them incomplete.

The concept here is the set of defenses that can be raised by a Rule 12 motion. Under Rule 12(b), a defendant can challenge a complaint on seven grounds: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim, and failure to join a party under Rule 19. Each of these defenses corresponds to a different subsection of Rule 12(b), so a single motion can assert any or all of them before answering.

That’s why the option listing all seven defenses is the best: it reflects the complete scope of defenses that may be raised by motion under Rule 12. The other options miss one or more of these arise-and-raise grounds, making them incomplete.