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5 Cards in this Set
- Front
- Back
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The Complaint
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1) Gillispie v. Goodyear Service Stores (NC 1963)
2) Dioguardi v. Durning (1944) 3) Bell Atlantic v. Twombly (2007) 4) Bail v. Cunningham Bros (1971) |
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Gillispie v. Goodyear (NC 1963)
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Holding:
Pleading is insufficient because it presents no facts upon which legal conclusions could be based (who, what, where, when) Rule: P is required to make a plain and consise statement of the facts constituting the cause of action |
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Dioguardi v. Durning (COA 1944)
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Rule:
- Rule 8(a) requires a shot and plain statement of the claim showing that the pleader is entitled to relief |
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Bell Atlantic v. Twonbly (2007)
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Holding:
- does not require heightened fact pleading of specifics, only enough facts to state a claim to relief that is plausible on face Rule: - Rule 8: "Plausibility Pleading" |
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The Prayer for Relief - Bail v. Cunningham (COA 1971)
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Rule 54(c)
- every judgment other than default judgments should give P what they are entitled to, even if it is more than what they asked for |
