The standard for surviving a motion to dismiss is really low in Federal Court. The court mostly assumes the factual allegations are true and then decides whethe

The standard for surviving a motion to dismiss is really low in Federal Court. The court mostly assumes the factual allegations are true and then decides whether a claim could be made based on the law. So it's mostly a tool to weed out legally deficient law suits, but not factually wrong law suits. The judge won't consider the actual evidence until the case progresses pretty far--the summary judgement stage. But even then, the judge only grants summary judgement if there is no genuine dispute as to any material fact.