Civ Pro II

Question 1

PLEADINGS: What is the general Process (5 steps)

Answer 1

1) Plaintiff Files Complaint
2) Defendant Files Answer
3) Plaintiff Responds if Necessary
4) May be 3rd Party Complaint
5) May be Interventions

Question 2

What is Federal Rule 8 of Civil Procedure?

Answer 2

General Rules of Pleadings

Question 3

A plaintiff that states a claim for relief must contain:

Answer 3

1) a short and plain statement of the grounds for the courts jurisdiction
2) a short and plain statement of the claim
3) A demand for the relief sought

Question 4

What is FRCP 12(b)(6)?

Answer 4

Failure to state a claim upon which relief can be granted.

Question 5

What is the Twombly Standard?

Answer 5

They need at the pleading stage for allegations plausibly suggesting (not merely consistent) agreement reflects the threshold req. of 8(a)(2)
—— Must move from possible to plausible

Question 6

What did we learn Twiqbal (two things)?

Answer 6

1. Determine which conclusions aren’t supported by facts
2. Look at remaining “well-pleaded” non-conclusory factual allegations and whether they plausibly state a claim

Question 7

FRCP 8(d)(2) ?

Answer 7

Pleading to be concise and direct; alternative statements; inconsistency
—-Alternative Statements of a claim or Defense
(2) Alternative Statements of a Claim or Defense - can have multiple claims and if one succeeds it can still move forward
(3) Inconsistent Claims or Defenses– May state as many of these claims or defenses they want

Question 8

FRCP 9 (b)- Fraud or Mistake

Answer 8

Must be specific about circumstances regarding fraud or mistake (you don’t have to move from possible to probable)

time, place and contents

Question 9

The Prayer for Relief 8(a)(3)

Answer 9

1) Default Judgement cannot exceed amount asked for
2) Every other judgement can exceed or be less than what is asked for
3) Special Damages must be specifically stated

Question 10

Once served a summons and complaint, how long does the Defendant have to respond? FRCP 12(a)

Answer 10

21 days

Question 11

2 Options in for responding yo the Complaint:

Answer 11

1. File raising defenses or various holes in Plaintiff’s action
2. File an answer specially responds to specific allegation

Question 12

What is FRCP 12?

Answer 12

Defenses and Objectives

Question 13

The following defenses can be presented in 12(b)

Answer 13

1) Lack of SMJ
2) Lack of PJ
3) Improper Venue
4) Insufficient Process : technical defect
5) Insufficient Service
6) failure to state a claim
7) Failure to join under rule 19

*** This must be made before a responsive pleading is made

Question 14

If court denies a 12(b) motion…

Answer 14

The plaintiff must file an answer within 14 days after notice of the action.

Question 15

What is Rule 12(f)?

Answer 15

Motion to Strike