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33 Cards in this Set
- Front
- Back
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Rule 8(a)Claim for relief - must show...
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jurisdiction, that pleader entitled to relief, demands for relief sought |
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Rule 8(b) Defenses;Admissions and Denial
o In response to a pleading, party must: |
admit or deny the allegations and state defenses to each claim asserted
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Rule 8(b)(3)
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– General Denial
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Rule 8(b)(4)Denying Part of an Allegation : must admit...
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part that is true and deny the rest
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Rule 8(b)(5)Lacking Knowledge or Information: must state, effect of...
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denial
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Rule 8(c) is a list of
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Affirmative Defense
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Every pleading must have a...
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caption with the court's name, a title, a file number, and a Rule 7(a) designation.
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A party must state its claim or defense in....
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Numbered paragraphs, each limited as far as practicable to a single set of circumstances Rule 10(b)
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A late pleading may refer by number to a paragraph in an an earlier pleader. True or False
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true Rule 10(b)
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A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. True or false..
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True Rule 10(c)
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A pleading NEEDS to allege (a) a party's capacity to be sued.
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False Rule 9(a)(1)
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A pleading NEEDS to allege a party's authority to sue or be sued in a representative capacity...
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False Rule 9(a)(2)...need not
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Alleged fraud or mistake must state with particularity the circumstances constituting fraud or mistake.
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True. malice, intent, knowledge and other conditions of person's mind may be alleged generally Rule 9(b)
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okay to say condition precedent have occurred or have not occurred
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False Rule 9(c)...only those that have occurred
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In pleading an official document of official act, it suffices to allege that
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the document was legally issued or act legally done Rule 9(d)
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Allegation of time or place is NOT material when testing the sufficiency of a pleading
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False Rule 9(f)
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An item of special damage, if claimed, must be specifically stated
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True Rule 9(g)
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Every pleading, written motion, and other paper must be signed by all attorney of record in the attorney's name
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False...only one Rule 11(a)
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A pleading need not be verified or accompanied by an affidavit
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True. unless rule or statue states otherwise Rule 11(a)
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Court must strike an unsigned paper
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True. Unless promptly corrected Rule 11(a)
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Rule 11(b)(1)....
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paper not being presented for improper purpose, such as to harass
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Rule 11(b)(2)...
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pleading warranted by existing law or non-frivolous argument
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Rule 11(b)(3) when pleadings given, attorney must believe: factual contentions have evidentiary support or, _____, will likely have evidentiary support after investigation or discovery
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if specifically so identified
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Rule 11(c)(1) If, after notice and a reasonable opportunity to respond, the court determines that Rule _____ has been violated, the court may impose an apporpriate sanction on any attorney, law firm, or party
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Rule 11(b)
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______, a law firm must be held jointly responsible for a violation commited by its partner, associate, or employee
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Absent exception circumstances, Rule 11(c)(1)
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A motion for sanction must be made _____ from any other motion and must describe the specific conduct that violates Rule 11(b)
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Separately Rule 11(c)(2)
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Court may order an attorney, law firm, or party to show why conduct did not violate Rule 11(b)...true or false
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True Rule 11(c)(3)
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Sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct...True or false
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True Rule 11(c)(4)
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Sanction may include nonmonetary directives; order to pay a penalty to court; or ______
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payment to movant of part or all attorney fees and expenses from violation Rule 11(c)(4)
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A court can impose a monetary sanction against a represented party for violating rule 11(b)(2)..true or false
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False. must not... Rule 11(c)(5)A)
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A court must not impose a monetary sanction on its own..true or false
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True. Unless it issued the show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement ..see Rule 11(c)(5)(B)
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An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction ...true or fasle
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True. Rule 11(c)(6)
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Rule 11 does not apply to disclosures and discovery requests, responses, objections, and motions under rules 26-37.
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True. Rule 11(d)
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