Modern Pleadings

Question 1

What is a well-pleaded complaint rule?

Answer 1

A federal question must appear as part of the Plaintiff’s cause of action as set out in his well pleaded complaint.

*Meaning that the federal question is raised in the plaintiff’s initial complaint, cannot arise in anticipation of a defense, and the defendant’s answer anc counter claim do not invoke Federal Question

Question 2

What are pleadings?

Answer 2

Pleadings are the documents that set forth the claims and defenses to a case.

Question 3

What are the purposes of pleadings?

Answer 3

The purpose of pleadings is to communicate with opposing parties and the court.

Question 4

What are the goals of pleadings?

Answer 4

The goal is to plead facts that support the cause of action and place the other party on notice of the nature and scope of the claims

Question 5

What is the big picture for pleadings?

Answer 5

This is where we make sure the pleadings are correct