Pleadings

Question 1

A federal civil action is begun by

Answer 1

The filing of the complaint with the clerk of court

Question 2

A complaint must contain

Answer 2

1) A short and plain statement of the court’s SMJ

3) A short and plain statement that the plaintiff is entitled to relief and

3) a claim for relief

Question 3

Recovery is only limited by the claim for relief for

Answer 3

Default judgements

Question 4

The ______ is filed by the opposing party as a response to the complaint

Answer 4

The answer

Question 5

An Answer must contain

Answer 5

1) Responses to the allegations of the claim, affirmative defenses, counterclaims

Question 6

A reply is a used by the plaintiffs to answer a

Answer 6

counterclaim

Question 7

Fraud, mistake, and special damages must be

Answer 7

specifically pleaded

Question 8

Twombly and Iqbal

Answer 8

Requires that the allegations in the complaint state a plausible case for recovery. It is a two step inquiry

1) Omit allegations that are compulsory or mere legal conclusions; and

2) Look at the remaining factual allegations and ask if they state a plausible cause for recovery