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20 Cards in this Set
- Front
- Back
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Courts of Law |
Run by the Crown, included jury, granted damages |
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Court of Equity |
Run by Church, no jury, granted equitable relief (injunctions) |
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Rule 8 (a) |
1. A statement of the grounds of SMJ 2. A statement of the claim 3. A demand for the relief sought |
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Rule 8 (a) 2 |
A pleading (including a complaint) must contain a "short & plain statement of the claim showing that the pleader is entitled to relief." |
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Rule 9 (b) |
P "must state with particularity the circumstances constituting fraud." |
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Damages |
Special Damages: Objective, Can be calculated (Medical bills) General Damages: Subjective, no specific dollar figure (pain & suffering) |
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Rule 54 (c) |
P's damages limited to demands in complaint * only when D, doesn't show up |
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Rule 12 (b) 6 |
Failure to state a claim, file before end of trial. Very High Hurdle! Court assumes all facts in complaint are true, Four Corner Rule: Cannot Add Facts |
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Rule 12 (b) 1 |
Lack of SMJ |
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Rule 12 (b) 2 |
Lack of PJ |
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Rule 12 (b) 3 |
Improper Venue |
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Rule 12 (b) 4 |
Insufficient Process EX: (Didn't file Process) |
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Rule 12 (b) 5 |
Insufficient Service of Process EX: (Used someone under 18) |
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Rule 12 (b) 7 |
Failure to join a party under FRCP 19 |
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Rule 12 (c) |
Judgement on the Pleadings |
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Rule 12 (e) |
Clarify allegations EX: (More definite statement) |
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Rule 12 (f) |
Strike embarrassing and irrelevant information |
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Rule 11 |
Sanctions: Need to sign any document, proper purpose, non-frivolous, have evidence. ***************************************** Send Motion to att, wait 21 days for att to withdraw, then file w/ court |
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Rule 8 (b) |
The Answer: D's response to P. Admission: D agrees, binding, sanctions if bad faith Denial: D rejects claim/ premise. Lack of Knowledge/ Info: D doesn't know ^ D can add in own facts |
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Rule 8 (c) |
Affirmative Defenses: |
