Lesson 4: Pleading Part 1

Question 1

Well Pleaded Complaint Rule

Answer 1

A claim does not arise under federal law unless it appears on the face of a well-pleaded complaint.

Question 2

Notice Pleading Requirements

Answer 2

In federal courts and in most state jurisdictions, a complaint must set forth a short and plain statement of the claim showing that the pleader is entitled to relief.

Question 3

Code Pleading Requirements

Answer 3

In a minority of state jurisdictions, a complaint must set forth in ordinary and concise language the ultimate facts constituting the cause of action.

Question 4

Federal Rule 12(b) Grounds for a Motion to Dismiss (7)

Answer 4

1. Lack of Jurisdiction over the Subject Matter
2. Lack of Jurisdiction over the person
3. Improper Venue
4. Insufficiency of Process
5. Insufficiency of Service of Process
6. Failure to State a Claim Upon Which Relief Can be Granted
7. Failure to Join a Party under Rule 19

Question 5

Waiver Rules for 12(b) Motions to Dismiss

Answer 5

Failure to Raise in First Responsive Pleading Results in Waiver

1. Lack of Jurisdiction over the Subject Matter
2. Lack of Jurisdiction over the person
3. Improper Venue
4. Insufficiency of Process

Grounds not Waived

5. Insufficiency of Service of Process
6. Failure to State a Claim Upon Which Relief Can be Granted
7. Failure to Join a Party under Rule 19