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12 Cards in this Set

  • Front
  • Back
Rule 8 defines what in a pleading case
It is a general rule and lets the other parties know what the complaint is about and what are they asking for.
Define Complaint
The complaint is the initial pleading in a lawsuit, and is
filed by the plaintiff.
What are the different parts of a pleading?
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.
Do Federal Pleadings have to be sworn by the litigant?
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)).
What are the essential elements of a complaint
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.
A complaint can be attack via ...?
A answer or a seperate motion
What are some of the ways the valaidity of a complaint can be attacked?
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.
Define answer
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).
What are the 5 different types of denials that can be used in Federal cases?
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)
Define affirmnative defenses
There are certain defenses which must be explicitly
pleaded in the answer, if D is to raise them at trial.
What are the requirements of a complaint?
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.
What defense must be raised at the time the motion is filed or in his answer/
1. Lack of subject matter jurisdiction
2. LAck of personal jurisdiction
3. Inproper venu
4. Insufficency of process
5. Insufficency of service of process.