Which pretrial motion asserts that the court lacks jurisdiction over the case?

Which pretrial motion asserts that the court lacks jurisdiction over the case?

• A. Motion in limine.
• B. Motion for summary judgment.
• C. Motion to dismiss.
• D. Motion to suppress.

Answer: (C)

A pretrial motion to dismiss is used to challenge the court’s authority to hear the case. If the parties argue that the court lacks subject matter jurisdiction (or personal jurisdiction/venue), the proper remedy is to dismiss the case before trial. This is exactly what a motion to dismiss seeks to accomplish. The other options address different pretrial issues: a motion in limine deals with evidentiary questions before trial, a motion for summary judgment seeks a decision on the merits without a trial, and a motion to suppress concerns the admissibility of evidence.

A pretrial motion to dismiss is used to challenge the court’s authority to hear the case. If the parties argue that the court lacks subject matter jurisdiction (or personal jurisdiction/venue), the proper remedy is to dismiss the case before trial. This is exactly what a motion to dismiss seeks to accomplish.

The other options address different pretrial issues: a motion in limine deals with evidentiary questions before trial, a motion for summary judgment seeks a decision on the merits without a trial, and a motion to suppress concerns the admissibility of evidence.