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12 Cards in this Set
- Front
- Back
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Rule 8 defines what in a pleading case
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It is a general rule and lets the other parties know what the complaint is about and what are they asking for.
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Define Complaint
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The complaint is the initial pleading in a lawsuit, and is
filed by the plaintiff. |
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What are the different parts of a pleading?
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Complaint, Answer and sometimes a Reply. A reply is allowable: (1) if the answer contains a counterclaim (in
which case a reply is required); and (2) at plaintiff’s option, if plaintiff obtains a court order allowing the reply. |
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Do Federal Pleadings have to be sworn by the litigant?
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No, Pleadings in a federal action normally need
not be "verified," i.e., sworn to by the litigant. However, there are a couple of exceptions, two of which are: (1) the complaint in a stockholders’ derivative action (see FRCP 23.1); and (2) when the complaint is seeking a temporary restraining order (FRCP 65(b)). |
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What are the essential elements of a complaint
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a. Jurisdiction: A short and plain statement of the grounds upon
which the court’s jurisdiction depends; b. Statement of the claim: A short and plain statement of the claim showing that the pleader is entitled to relief; and c. Relief: A demand for judgment for the relief (e.g., money damages, injunction, etc.) which the pleader seeks. |
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A complaint can be attack via ...?
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A answer or a seperate motion
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What are some of the ways the valaidity of a complaint can be attacked?
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Rule 12(b)
1. Lack of jurisdiction over the subject matter; 2. Lack of jurisdiction over the person; 3. Improper venue; 4. Insufficiency of process; 5. Insufficiency of service of process; 6. Failure to state a claim upon which relief may be granted; and 7. Failure to join a necessary party under Rule 19. |
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Define answer
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The defendant’s response to the plaintiff’s complaint
is called an "answer." In the answer, D states in short and plain terms his defenses to each claim asserted, and admits or denies each count of plaintiff’s complaint. Rule 8(b). |
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What are the 5 different types of denials that can be used in Federal cases?
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1. General denial
2. Specific denial 3. Qualified denial 4. Denial of knowledged of information 5. Denial based upon information or belief (I dont know for sure, but I believe they are lying) |
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Define affirmnative defenses
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There are certain defenses which must be explicitly
pleaded in the answer, if D is to raise them at trial. |
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What are the requirements of a complaint?
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1. A short statementof the grounds of the court's jurisdiction.
2. A statement stating that the pleader is entitled to relief. 3. A demand for a judgement of relief. |
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What defense must be raised at the time the motion is filed or in his answer/
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12(b)
1. Lack of subject matter jurisdiction 2. LAck of personal jurisdiction 3. Inproper venu 4. Insufficency of process 5. Insufficency of service of process. |
