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Civ pro 2 > FRCP > Flashcards

FRCP Flashcards

1
Q

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

A

Rule 8(a)(2)

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1
Q

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;

A

Rule 8(a)(1)

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2
Q

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

A

Rule 8(a)(3)

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3
Q

What rule is the general rule of pleading?

A

Rule 8(a)

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4
Q

What type of jurisdiction does Rule 8(a) refer to?
Can it be waived?

A

Subject Matter Jurisdiction

No, it cannot be waived.

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5
Q

Pleading to be Concise and Direct: Alternative Statements Inconsistency

A

Rule 8(d)

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6
Q

Pleading special matters

A

Rule 9(b)

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7
Q

You can plead inconsistent claims if you have some logical, factual basis to plead it and it is done in good faith.
Ex/ Negligence and Intentional.
What Rule?

A

Rule 8(d)

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8
Q

In general. Each allegation must be simple, concise, and direct. No technical form is required. What rule?

A

Rule 8(d)(1)

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9
Q

Alternative Statements of a Claim or Defense. A party may set out two or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. What rule?

A

Rule 8(d)(2)

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10
Q

Inconsistent Claims or Defenses. A party may state as many separate claims or defenses as it has, regardless of consistency. What rule?

A

8(d)(3)

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11
Q

___________ ____________ of _______________ requires fraud and mistake to be pled with _____________.

A

Heightened Standard of Pleading

Particularity

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12
Q

Rule 12(b)(1)

A

lack of subject matter jurisdiction

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13
Q

lack of subject matter jurisdiction

A

Rule 12(b)(1)

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14
Q

Rule 12(b)(2)

A

Lack of personal jurisdiction

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15
Q

Lack of personal jurisdiction

A

Rule 12(b)(2)

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16
Q

12(b)(3)

A

improper venue

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17
Q

improper venue

A

12(b)(3)

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18
Q

12(b)(4)

A

insufficient process

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19
Q

insufficient process

A

12(b)(4)

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20
Q

12(b)(5)

A

insufficient service of process

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21
Q

insufficient service of process

A

12(b)(5)

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22
Q

12(b)(6)

A

failure to state a claim upon which relief can be granted

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23
Q

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

A

12(b)(6)

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24
Q

Failure to join a party under Rule 19.

A

12(b)(7)

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25
Q

12(b)(7)

A

failure to join a party under Rule 19

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26
Q

A party waives any defense listed in Rule 12(b) _ - _.

A

Rule 12(b)(2)-(5)

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27
Q

A party waives any defense listed in Rule 12(b)(2)-(5). What rule?

A

Rule 12(h)(1)

28
Q

Rule 12(b) __ & __ motions do NOT have to be raised with others and can be filed as late as trial

A

12(b)(6)and(7)

29
Q

Rule 12(b)(6)-(7) motions do NOT have to be raised with others and can be filed as late as trial. What rule?

A

12(h)(2)

30
Q

A 12(b)__ motion is never waived, and in fact whether or not a 12(b)__ motion is filed, the court must dismiss if it lacks SMJ.

A

12(b)(1)

31
Q

A 12(b)(1) motion is never waived, and in fact whether or not a 12(b)(1) motion is filed, the court must dismiss if it lacks Subject Matter Jurisdiction (SMJ). What rule?

A

Rule 12(h)(3)

32
Q

Rule 12(a)(4)(A): Effect of a motion
What does this rule do?

A

If the court denies the Rule 12(b) motion, then the defendant must file an answer within 14 days after notice of court action.

33
Q

Rule 12(a)(4)(B)

A

Grant the motion

34
Q

If the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served. What rule?

A

Rule 12(a)(4)(B)

35
Q

If the court grants the motion, then the plaintiff is usually granted leave to amend, or the complaint is dismissed without prejudice. What Rule?

A

12(a)(4)(B)

36
Q

Without prejudice means

A

you may refile

37
Q

with prejudice

A

prohibited from refiling

38
Q

Rule 12(c)

A

Motion for Judgment on the Pleadings

39
Q

After the pleadings are closed (P has filed a complaint and D has filed an answer), either party may file a 12(C) motion arguing that the information contained on the face of the pleading entitles them to judgment as a matter of law. What Rule?

A

Rule 12(c)

40
Q

The 12(c) motion must be heard pre-trial under Rule___?

A

12(i)

41
Q

Rule 12(e):

A

Motion for a more definitive statement

42
Q

Defendant claims that the complaint is so vague or ambiguous that he or she cannot reasonably prepare a response. What rule?

A

Rule 12(e)

43
Q

Rule 12(e) must be brought before _________.

A

responding to the pleading

44
Q

Rule 12(f)

A

motion to strike

45
Q

motion to strike

A

rule 12(f)

46
Q

Does this document do what it needs to do to move forward? What does this refer to?

A

sufficiency of the complaint - plausible

47
Q

Two possible theories to support Rule 12(b)(6) motion
1.
2.

A
  1. formal inadequacy
  2. substantive or legal inadequacy
48
Q

This argues that the complaint fails to provide the level of details required by Rule 8(a)(2), so the defendant is not properly put on notice.

A

Formal Inadequacy

49
Q

This type of motion argues that although the complaint pleads some facts, those allegations, even if 100% true, fail to say anything that would render the defendant liable.

**As most plaintiff’s plead some facts, most motions to dismiss make this argument.

A

Substantive or Legal Inadequacy

50
Q

FRCP 7(a)(2)

A

An answer to a complaint

51
Q

If the case is not dismissed in response to a pre-answer motion brought under Rule 12, then the defendant will have to _______ an _______.

A

submit an answer

52
Q

In general responding to a pleading, a party must: (A) state in short and plain terms its defenses to each claim asserted against it; and
What rule?

A

Rule 8(b)(1)(A)

53
Q

In general. In responding to a pleading, a party must: admit or deny the allegations asserted against it by an opposing party. What rule?

A

Rule 8(b)(1)(B)

54
Q

Rule 8(b)(2)

A

Denials - Responding to the Substance

55
Q

Denials - Responding to the Substance

A

Rule 8(b)(2)

56
Q

Rule 8(b)(3)

A

General and Specific Denials.

A party that intends in good faith to deny all the allegations of a pleading - including jurisdictional grounds may do so by a general denial. A party that does not intend to deny all the allegations or generally deny all except those specifically admitted

57
Q

Rule 8(b)(4)

A

Denying Part of an Allegation

58
Q

Denying Part of an Allegation

A

Rule 8(b)(4)

59
Q

Lacking knowledge or information

A

Rule 8(b)(5)

60
Q

Rule 8(b)(5)

A

Lacking knowledge or information

61
Q

Effect of failing to deny

A

Rule 8(b)(6)

62
Q

Rule 8(b)(6)

A

effect of failing to deny

63
Q

The answer includes three basic elements:
1.
2.
3.

A
  1. Denials or Omissions 8(b)
  2. Affirmative Defenses Rule 8(c)
  3. Claims against Plaintiff or Other parties
64
Q

Affirmative Defenses

A

Rule 8(c)

65
Q

Rule 8(c)

A

Affirmative Defenses

66
Q

Failure to plead an affirmative defense ordinarily results in the defense being waived.
In the event that a party mistakenly omits an affirmative defense, or any other matter that it should have included in the answer, the rules permit the pleading to be amended. What rule?

A

Rule 8(c)

67
Q

The defendant will be subject to the strictures of FRCP 15 which usually means leave of court.

A

FRCP 15

68
Q
A

Civ pro 2 (3 decks)

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