FRCP

Question 1

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

Answer 1

Rule 8(a)(2)

Question 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;

Answer 1

Rule 8(a)(1)

Question 2

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

Answer 2

Rule 8(a)(3)

Question 3

What rule is the general rule of pleading?

Answer 3

Rule 8(a)

Question 4

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

Answer 4

Subject Matter Jurisdiction

No, it cannot be waived.

Question 5

Pleading to be Concise and Direct: Alternative Statements Inconsistency

Answer 5

Rule 8(d)

Question 6

Pleading special matters

Answer 6

Rule 9(b)

Question 7

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?

Answer 7

Rule 8(d)

Question 8

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

Answer 8

Rule 8(d)(1)

Question 9

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?

Answer 9

Rule 8(d)(2)

Question 10

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

Answer 10

8(d)(3)

Question 11

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

Answer 11

Heightened Standard of Pleading

Particularity

Question 12

Rule 12(b)(1)

Answer 12

lack of subject matter jurisdiction

Question 13

lack of subject matter jurisdiction

Answer 13

Rule 12(b)(1)

Question 14

Rule 12(b)(2)

Answer 14

Lack of personal jurisdiction

Question 15

Lack of personal jurisdiction

Answer 15

Rule 12(b)(2)

Question 16

12(b)(3)

Answer 16

improper venue

Question 17

improper venue

Answer 17

12(b)(3)

Question 18

12(b)(4)

Answer 18

insufficient process

Question 19

insufficient process

Answer 19

12(b)(4)

Question 20

12(b)(5)

Answer 20

insufficient service of process

Question 21

insufficient service of process

Answer 21

12(b)(5)

Question 22

12(b)(6)

Answer 22

failure to state a claim upon which relief can be granted

Question 23

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

Answer 23

12(b)(6)

Question 24

Failure to join a party under Rule 19.

Answer 24

12(b)(7)

Question 25

12(b)(7)

Answer 25

failure to join a party under Rule 19

Question 26

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

Answer 26

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

Question 27

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

Answer 27

Rule 12(h)(1)

Question 28

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

Answer 28

12(b)(6)and(7)

Question 29

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

Answer 29

12(h)(2)

Question 30

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.

Answer 30

12(b)(1)

Question 31

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?

Answer 31

Rule 12(h)(3)

Question 32

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

Answer 32

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

Question 33

Rule 12(a)(4)(B)

Answer 33

Grant the motion

Question 34

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?

Answer 34

Rule 12(a)(4)(B)

Question 35

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

Answer 35

12(a)(4)(B)

Question 36

Without prejudice means

Answer 36

you may refile

Question 37

with prejudice

Answer 37

prohibited from refiling

Question 38

Rule 12(c)

Answer 38

Motion for Judgment on the Pleadings

Question 39

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?

Answer 39

Rule 12(c)

Question 40

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

Answer 40

12(i)

Question 41

Rule 12(e):

Answer 41

Motion for a more definitive statement

Question 42

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

Answer 42

Rule 12(e)

Question 43

Rule 12(e) must be brought before _________.

Answer 43

responding to the pleading

Question 44

Rule 12(f)

Answer 44

motion to strike

Question 45

motion to strike

Answer 45

rule 12(f)

Question 46

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

Answer 46

sufficiency of the complaint - plausible

Question 47

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

Answer 47

1. formal inadequacy 2. substantive or legal inadequacy

Question 48

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.

Answer 48

Formal Inadequacy

Question 49

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.

Answer 49

Substantive or Legal Inadequacy

Question 50

FRCP 7(a)(2)

Answer 50

An answer to a complaint

Question 51

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

Answer 51

submit an answer

Question 52

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?

Answer 52

Rule 8(b)(1)(A)

Question 53

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

Answer 53

Rule 8(b)(1)(B)

Question 54

Rule 8(b)(2)

Answer 54

Denials - Responding to the Substance

Question 55

Denials - Responding to the Substance

Answer 55

Rule 8(b)(2)

Question 56

Rule 8(b)(3)

Answer 56

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

Question 57

Rule 8(b)(4)

Answer 57

Denying Part of an Allegation

Question 58

Denying Part of an Allegation

Answer 58

Rule 8(b)(4)

Question 59

Lacking knowledge or information

Answer 59

Rule 8(b)(5)

Question 60

Rule 8(b)(5)

Answer 60

Lacking knowledge or information

Question 61

Effect of failing to deny

Answer 61

Rule 8(b)(6)

Question 62

Rule 8(b)(6)

Answer 62

effect of failing to deny

Question 63

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

Answer 63

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

Question 64

Affirmative Defenses

Answer 64

Rule 8(c)

Question 65

Rule 8(c)

Answer 65

Affirmative Defenses

Question 66

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?

Answer 66

Rule 8(c)

Question 67

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

Answer 67

FRCP 15