Complaint and Pleadings

Question 1

Under Rule 7, what are pleadings? (6 of them)

Answer 1

Complaint
Answer to Complaint
Answer to Counterclaim
Answer to crossclaim
3rd party complaint
Answer to 3rd party complaint

Question 2

What does rule 8a govern?

Answer 2

The complaint

Question 3

What must the claim for relief contain?

Answer 3

A short and plain statement for the court’s jurisdiction
A short and plain statement of the claim showing that the pleader is entitled to relief (plausible facts)
A demand for the relief sought

Question 4

What is the burden of pleading? (why is necessary?)

PPP

Answer 4

The claim must show that the defendant’s unlawful actions were plausible and more than a sheer possibility.

Question 5

What is the standard of review for the complaint?

Answer 5

The court will take the facts as true, but legal conclusions are not treated as facts

Question 6

True/False: A default judgment can differ in kind or exceed in amount from what is demanded in the pleadings

Answer 6

False

Question 7

What is default judgement based on?

Answer 7

Default judgement is based on the D not responding to anything so the court gives the P an automatic win

Question 8

Under Rule 10b, how must a party state its claims?

Answer 8

A party must state its claims or defenses in numbered paragraphs.

Question 9

Can a case be dismissed for failure to comply with Rule 10 b?

Answer 9

Usually no. A court is most likely to going to allow the party time to amend

Question 10

Each claim founded on a seperate T&O and each defense other than a denial must be ____

Answer 10

Stated in a separate count or defense

Question 11

Under rule 9b, when alleging fraud or mistake, what must a party do ?

Answer 11

In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake

Question 12

What is the GR for special damages?

Answer 12

Damages which are not the necessary and inevitable result must be pled with specificity

Question 13

What is a special damage?

Answer 13

A damage that is unusual

Question 14

If the damages flow from the same T&O and would not surprise the D, are they special damages?

Answer 14

No

Question 15

Under Rule 12a, what is the time requirement to answer a counterclaim or crossclaim ?

Answer 15

21 days

Question 16

When must a motion for a more definite statement be filed under Rule 12e?

Answer 16

It must be done before filing a responsive pleading

Question 17

What is the purpose of a motion for more definite statement? (there are 3: R/R/M)

Answer 17

The motion for a more definite statement is to acquire more information so the defendant(s) can respond adequately in an answer, raise potential defenses, or to make a motion with the court.

Question 18

When striking from a pleading an insufficent defense or any redundant, immaterial, impertinent, or scandalous matters, how may the court accomplish this under Rule 12f?

Answer 18

The court may act on its own
or
The court may act on a motion made by a party before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.

Question 19

What must be shown in a Rule 12f strike?

Answer 19

Must show prejudice

Question 20

Under Rule 12g, service of process pleadings must be made _____

Answer 20

in a D’s initial response., whether by motion or in an answer or it is waived