Pleading

Question 1

Complaint

Answer 1

sets out the plaintiff’s allegations against the defendant

• must state facts, theory of law supporting claim, and remedy
• Defense can say there are missing facts or no legal theory

Question 2

Responsive pleading is and includes

Answer 2

Is the document that responds to the complaint and
Includes answer and counterclaims

Question 3

Cause of action is

Answer 3

allegations where if you can prove the relevant facts P is going to recover

Question 4

Three Requirements for Federal Complaints

Answer 4

• Jurisdictional allegations (subject matter)
• There must be a short and plain statement of the claim showing that the pleader is entitled to relief
• Demand for judgement

Question 5

Conley Standard for Complaint

Answer 5

Complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief

Question 6

Can you put two allegations that can’t both be true in a complaint

Answer 6

Yes
- Rule 8d2-3

Question 7

When alleging fraud or mistake must

Answer 7

Provide the details of the allegation
- Rule 9b

Question 8

Twombly Standard for Complaint

Answer 8

Facts must be sufficient to create a reasonable expectation of illegality (plausibility)

• Identify the legal theory/elements of the claim
• Accept all nonconclusory allegations as true
• Based on what is left, is the claim plausible

Question 9

Responding to the complaint three options

Answer 9

• Ignore the complaint
• Answer the complaint
• Motion to dismiss under rule 12

Question 10

If the complaint is ignored

Answer 10

default judgement
- rule 55
- P must file asking for default judgement and asking for what they want
- Default can be set aside for good cause

Question 11

Must make all plausible Rule

Answer 11

12 defenses because if not stated they are waived

Question 12

Rule 12b Motions

Answer 12

1) No subject matter jurisdiction
2) No personal jurisdiction
3) Improper venue
4 &5) Improper Notice and Service Process
6) Failure to state a claim

Question 13

Exception fo Omnibus rule (join all 12 motions)

Answer 13

If the action was not available when the first action was filed

Question 14

Affirmative Defenses

Answer 14

Regardless of whether or not i did it I’m still not liable

Question 15

Procedural Objection

Answer 15

Regardless of whether I did it or not, something about the way the case was brought was flawed so it must be dismissed

Question 16

Rule 11b Reasonable Inquiry

Answer 16

Requires a reasonable inquiry under the circumstances and not for improper purpose, frivolous legal contentions, factual allegations that lack support and are not likely to have support, or denying facts without justification
- must be written

Question 17

Amendment at a matter of right

Answer 17

Can always amend 21 days after filing or 21 days after the answer to amend the original pleading if statute of limitations has not expired
- only once

Question 18

Preparation prejudice

Answer 18

won’t have time to prepare an answer/defense to the amendment

Question 19

For statute of limitations to relate back

Answer 19

• Must have opposing party’s written consent or court’s leave which should be given freely if justice requires
• If there is a common nucleus of operative facts then the statute of limitations can relate back
• If new facts or claims that require new investigation not allowed to relate back