FRCP

Question 1

2 ways a defendant can lose a fragile defense

Answer 1

by answering without including the defense in the answer, or by moving under Rule 12 without raising in that motion a fragile defense that had not been previously pled

Question 2

Waiver Rule

Answer 2

a defendant must include the fragile defense in its first response to the complaint, whether that be a motion or an answer. if defendant thereafter makes a Rule 12 motion without including the fragile defense, it will be waived even if it had been included in the answer.

Question 3

Rule 23(a)–Prerequisites

Answer 3

1. numerosity
2. commonality
3. fair and adequate representation of the interests of the class
4. claims and defenses of the reps match those of the class

Question 4

Rule 38

Answer 4

Right to trial by jury is preserved to the parties inviolate

Question 5

Rule 7

Answer 5

Pleadings and Motions

Question 6

3 Basic Types of Pleadings

Answer 6

claims, answers, and replies

Question 7

Rule 8

Answer 7

Contents of Claim: “a short and plain statement”; must show a claim to relief and what relief you want

Question 8

Rule 8(a)(2)

Answer 8

a complaint must contain enough facts to make the claim plausible on its face and not merely speculative

Question 9

Rule 9(b)

Answer 9

fraud must be alleged with specificity; all other mental states can be alleged generally

Question 10

Rule 10

Answer 10

how pleadings should be formatted; check LROC

Question 11

Rule 11

Answer 11

Sanctions: don’t waste the court’s time or lie

Question 12

Rule 12

Answer 12

Defenses and Objections; when and how presented

Question 13

Rule 12(a)(1)

Answer 13

default deadline for a responsive pleading is 21 days (60 days)

Question 14

Rule 12(a)(4)

Answer 14

a “motion for this rule” extends the time for a responsive pleading

Question 15

Rule 12(b)

Answer 15

big motions; provides a temporary alternative to filing an answer; can stop a case before it really starts by a motions to dismiss

Question 16

Rule 12(b)

Answer 16

big motions; must be filed BEFORE an answer; can stop a case before it really starts by a motions to dismiss;

Question 17

Rule 12(b)(1)

Answer 17

lack of subject matter jurisdiction

Question 18

Rule 12(b)(2)

Answer 18

lack of personal jurisdiction

Question 19

Rule 12(b)(3)

Answer 19

improper venue

Question 20

Rule 12(b)(4)

Answer 20

insufficient process

Question 21

Rule 12(b)(5)

Answer 21

insufficient service of process

Question 22

Rule 12(b)(6)

Answer 22

**failure to state a claim for relief

Question 23

Rule 12(b)(7)

Answer 23

failure to join a party under Rule 19

Question 24

Rule 12(c)

Answer 24

Motion for Judgment on the Pleadings; must be filed after an answer; costly, can be dangerous

Question 25

Rule 12(e)

Answer 25

Motion for a More Definite Statement: asking for clarification on an unintelligible claim

Question 26

Rule 12(f)

Answer 26

Motion to Strike: swiss army knife to get rid of things that aren’t claims

Question 27

Rules 12(g) and 12(h)

Answer 27

complex waiver rules

Question 28

Rule 12(g)

Answer 28

if you want to make more than 1 12(b) motion, do it at the same time

Question 29

Rule 12(h)(2)

Answer 29

can still file a 12(c) motion for defense for failure to state a claim, failure to join a rule 19 party, or affirmative defense

Question 30

Rule 12(h)(3)

Answer 30

defense for lack of subject matter jurisdiction can be asserted

Question 31

Rule 12(h)(1)(A)

Answer 31

not only are further 12(b)(2)-(5) motions disallowed, defenses asserted via those motions are waived

Question 32

Rule 12(h)(1)(B)

Answer 32

defenses can be waived even if you don’t file a different rule 12 motion first; affirmative defenses governed by 15(a) and (b)

Question 33

Rule 15

Answer 33

amending pleadings; can amend during and after trial (keep everyone on the same page)

Question 34

Rule 55(a)

Answer 34

when a party whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk, the clerk must enter the party’s default

Question 35

Rule 18(a)

Answer 35

a party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party

Question 36

Rule 21

Answer 36

Misjoinder of parties is not a ground for dismissing an action

Question 37

Declaratory Judgment

Answer 37

requires no action by either party

Question 38

Injunction

Answer 38

requires action from one of the parties; a command; requires irreparable harm and inadequacy of legal remedies

Question 39

Inadequacy

Answer 39

legal remedies must be inadequate

Question 40

Override

Answer 40

determination of an equitable claim cannot take away the right to a jury trial of a legal claim

Question 41

What is the SJ movant’s burden of production when it wouldn’t have had the initial burden of production at trial? (assume a defendant)

Answer 41

No Burden
OR
Heavy Burden