Finals

Question 1

What is the 2 prong standard for Pleadings?

Answer 1

• Can have no legal conclusions.
• Must state plausible claim
• Must state with particularity
• When the statute of limitations has run out, go to the Relation Back rule–Rule 15

Question 2

What constitutes a “plausible claim?”

Answer 2

Claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.

Question 3

What are the possible responses to the complaint?

Answer 3

Complaint
Answer
Reply

Question 4

What happens is there is no answer to the complaint?

Answer 4

Default Judgment is entered pursuant to Rule 55(a)

Question 5

How long do you have to file an answer?

Answer 5

It depends. (duh)
If service hasn’t been waived, then you have 21 days after being served with the summons or complaint.
60 days if you waived service.
90 days if you’re out of the country.

Question 6

How long do you have to file a pre-answer motion?

Answer 6

14 days unless the court sets a different time.

Question 7

How long do you have to answer a counterclaim or cross-claim?

Answer 7

Within 21 days of being served

Question 8

How long do government officials being sued within the scope of their job have to answer?

Answer 8

12(a)(2) 60 days

Question 9

How long do gov’t officials being sued in an individual capacity have to answer?

Answer 9

12(a)(3) 60 days

Question 10

What are some benefits to waiving service of process?

Answer 10

More time to get a lawyer, money, organization, etc.

Question 11

What rule governs serving an answer?

Answer 11

Rule 5 gives service of process rules for answers and other types of pleadings.

Question 12

What are the different kinds of pre-answer motions and what rule governs them?

Answer 12

Rule 12(b)

Question 13

What is the difference in rule 12(b)(4) and 12(b)(5)?

Answer 13

12(b)(4) deals with insufficient process and 12(b)(5) deals with insufficient service of process.

Question 14

What is the requirement to file a 12(h)(1) motion?

Answer 14

The defendant has to assert a 12(b) motion in their first response.

Question 15

What is rule 12(h)?

Answer 15

Says that the defense of failure to state a claim can be raised at any time during a trial.
12(h)(3) says lack of SMJ can be raised at any time as well, even when the case is being appealed.

Question 16

What is rule 12(f)?

Answer 16

Motion to strike insufficient, redundant, immaterial, or scandalous material. Must be filed w/in 21 days

Question 17

What is rule 12(c)?

Answer 17

Motion for judgment of pleadings

Question 18

What should the defendant’s answer do?

Answer 18

1. Admit or deny the plaintiff’s allegations.
2. Raise defenses to Plaintiff’s allegations.
   Governed by Rule 8(b)

Question 19

What two types of denials are listed in Rule 8(b)(3)?

Answer 19

General–Very short document in which the defendant denies everything in general.
Specific–in numbered paragraphs, they admit or deny the allegations in detail.

Question 20

What requirements to an answer does Rule 8(b)(2) have?

Answer 20

The defendant has to respond to the substance of the situation. Can’t just say, “Plaintiff is wrong.” Have to reply to the actual substance of the complaint

Question 21

What is the relation back doctrine?

Answer 21

Rule 15(c). It preserves a pleading from a D's statute of limitations defense by treating the amendment as if it had been filed as the same time of the original pleading.
Only emerges after the SOL has expired. It is used to add defendants or change defendants or add things to the complaint.

Question 22

What is a responsive pleading?

Answer 22

Rule 7–A pleading that is filed in reply or in response to another plea. Answer to a counterclaim, cross-claim, or 3rd party complaint.

Question 23

When is a responsive pleading required?

Answer 23

Complaint or 3rd party complaint. Must reply or there will be a default judgment entered.

Question 24

What are 3 ways you can amend your pleadings?

Answer 24

1. Learn new facts during discovery.
2. There’s a problem with the pleading–want to fix it.
3. New things happen that are in some way related to your existing claim.

Question 25

Who are the audience for the complaint?

Answer 25

Defendant
Judge
Media
Potential Jurors

Question 26

What are the purpose of modern pleading?

Answer 26

Elimination of claims w/ procedural defects
Eliminates meritless claims w/ limited costs to courts
Structures the discovery process

Question 27

What does Rule 15(a)(1) require about amendments?

Answer 27

Party may amend its pleading once as a matter of course within
(A) 21 days of serving it
(b) if the pleading is one to which a responsive pleading is required, 21 days after service

Question 28

What extremes does Rule 8 help avoid?

Answer 28

Plaintiff pleading either too little or too much. (Needs to just provide a sketch of their claim–not too much but enough to put the D on notice).
Puts pressure on the discovery process–what’s the investigation going to entail. This helps frame it better.

Question 29

What 2 things does the complaint do?

Answer 29

Shows some substantive law.

Provides some kind of factual scenario w/ respect to how the law has been violated.

Question 30

Rule 8 should state what 3 things?

Answer 30

Short plain statement of the grounds for the court’s jurisdictions.
Has to show that the pleader is entitled to relief
A demand that relief is sought