Ch. 6 - Pleading

Question 1

Service of Process

Answer 1

refer to the delivery to a party or witness of various court orders required by the relevant rules of law to be served upon him (subpoenas, writs, and other orders entered in the course of litigation)

SERVICE OF THE INITIAL NOTICE TO THE D OF THE FILING OF A LAWSUIT AGAINST HIM

Question 2

Anatomy of a Case

Answer 2

1. Ps Complaint
2. Ds answer and/or motion to dismiss
3. Discovery
4. Motion 4 Summary Judgment
5. Trial
6. Post Trial Motion
7. Appeal

Question 3

Handle v. Garrison

Answer 3

FACTS: P tries to file a complaint under Section 1985(2) of Title 42 of USC - D filed a motion to dismiss under FRCP 12(b)(6) - FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED

• Holding: Court grants D motion because he was an at-will employee and as such has no constitutional right to employee which means there is no relief available to him

Question 4

Rule 8(a)

Answer 4

“short & plain statement of the claim showing that the pleader is entitled to relief” and a “demand for judgment for the relief sought”

Question 5

Complaint

Answer 5

lets the P explain his grievance & ask the court to grant some remedy