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13 Cards in this Set
- Front
- Back
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Claim for Relief after Twombly
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Must have enough facts to be plausible, not just possible. Or risk being tossed by 12b6
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Fraud or Mistake
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Must plead who, what, when, where and how
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Affirmative Defense
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Failure to assert waives
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12b6 what to look for
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Two things
1. no cognizable legal theory 2. fails to allege sufficient facts |
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Same Transaction or Occurrence tests:
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1. Logically Related - aggregate of operative facts
2. Substantial overlap of evidence 3. Substantial overlap of evidence and law |
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General Scope of Discovery
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Must prove or disprove elements of a claim
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Privileged Communication elements
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1. Expectation of Confidentiality
2. socially approved relationship 3. has not been waived by disclosure |
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New Trial
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Manifestly unjust, verdict against the greater weight of testimony
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Claim Preclusion - Res Judicata - Elements
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3 Elements
1. Same Claim 2. Same Parties 3. Final Judgment on the Merits |
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Test for Same Claim
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Same transaction or Occurrence
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Test for Judgment on Merits
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Any judgement except for Jurisdiction, Venue, Non-Joinder
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Privies Test
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6 ways-
1. Agrees to be bound 2. Adequately Represented 3. Assumed Control of Litigation 4. Substantive legal relationships 5. Proxy relitigation 6. Special Statute |
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Issue Preclusion - Collateral Estoppel Elements
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1. Same Issue
2. Actually Litigated 3. Essential to Judgment |
