Complaint, Motion to Dismiss, Answer

Question 1

12(b)(6)

Answer 1

failure To State A Claim Upon Which Relief Can Be Granted

Question 2

Ultimate/Operative Facts” v. Generic Facts

Answer 2

(1) Operative facts are commonly specific and will lead to a “pleading of evidence”
(2) Generic/general facts are the accepted and property way to state the facts

Question 3

Conclusions of Law

Answer 3

A generic statement which can only be made after some legal rule has been applied to some specific group of operative facts

Question 4

Complaints should include

Answer 4

what occurred, when it occurred, who did what, the relationships between parties, and any other factual data that might identify the occasion or describe the circumstances of the alleged wrongful conduct of defendants (Gillispie v. Goodyear Service Stores)

Question 5

Rule 8(a) Claim for Relief

Answer 5

(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support

(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.