Crucial Exams

Multistate Bar Examination Practice Question

A plaintiff filed a diversity action in federal district court. The defendant moved under Rule 12(b)(6) to dismiss for failure to state a claim. The court granted the motion and entered an order dismissing the entire action without prejudice while expressly granting the plaintiff 21 days to file an amended complaint. Instead of amending, the plaintiff filed a notice of appeal two days later. How is the court of appeals most likely to treat the appeal?

  • The appeal is proper because the order ended the district court's involvement, making the dismissal final.

  • The court of appeals will dismiss the appeal for lack of jurisdiction because an order dismissing without prejudice and granting leave to amend is not a final decision under 28 U.S.C. §1291.

  • The appeal is proper because dismissals without prejudice are treated the same as dismissals with prejudice for purposes of finality.

  • The appeal may proceed only if the district court issues a certification under 28 U.S.C. §1292(b), which has not been obtained here; therefore the court will dismiss the appeal.

Multistate Bar Examination
Civil Procedure
Your Score:
Settings & Objectives
Random Mixed
Questions are selected randomly from all chosen topics, with a preference for those you haven’t seen before. You may see several questions from the same objective or domain in a row.
Rotate by Objective
Questions cycle through each objective or domain in turn, helping you avoid long streaks of questions from the same area. You may see some repeat questions, but the distribution will be more balanced across topics.

Check or uncheck an objective to set which questions you will receive.

Wipe Score
Bash, the Crucial Exams Chat Bot
AI Bot