Mid Term Rules

Question 1

FRCP 8(a)

Answer 1

Claims for Relief-

- short and plain statement of claim showing pleader is entitled to relief

Question 2

FRCP 9(b)

Answer 2

Fraud, Mistake, Condition of the Mind

- fraud- needs to be stated particularly (HEIGHTENED PLEADING)

Question 3

FRCP 11(b)

Answer 3

Signings / Representations to Court- certify that to the best of the person’s knowledge, information, and belief

Question 4

FRCP 12(b)

Answer 4

Defenses / Motion for Judgment on the Pleadings

• (1) lack of jurisdiction over the subject matter (attacks
  constitutional complacency);
• (2) lack of jurisdiction over the person (power of ct to adjudicate claims over parties);
• (3) improper venue;
• (4) insufficiency of process (complaint and summons);
• (5) insufficiency of service of process;
• (6) failure to state a claim upon which relief can be granted; (common law rule- demurrer)
• (7) failure to join a party under R19 (dismissal rule- operates through R19)

Question 5

FRCP 12(e)

Answer 5

Motion for More Definite Statement (R8): Gives a party 10 days to restate an ambiguous pleading (give Δ theory of case)

Question 6

FRCP 13(a)

Answer 6

Compulsory Counterclaim- any claim which at time of serving pleading the pleader has against any opposing party,

Question 7

FRCP 13(b)

Answer 7

Permissive Counterclaims- NOT STOO

Question 8

FRCP 13(g)

Answer 8

Cross Claim - party may state claim against co-party. STOO

Question 9

FRCP 14

Answer 9

Contribution

Question 10

FRCP 15(a)

Answer 10

(a)1A - Amended Pleading - (may amend before trial
w/in 21 days of filing

(a)2 - w/ the court’s leave.

Question 11

FRCP 15(c)(B)

Answer 11

Amendments-
Back in time - when arises STOO (use tests)

Relation back in time - when arises STOO (use tests)

Question 12

FRCP 15(c)(1)(C)

Answer 12

Amendment - Name

- Mistake as to Party Name – Cruise Line Case

Question 13

FRCP 18(a)

Answer 13

Joinder of Claims-

party may join as many claims against a party has

Question 14

FRCP 20(a)

Answer 14

Permissive Joinder of Parties

(1) Ridealong π:
- –> same STOO + a common matter of law/fact

(2) Multiple ∆:
- –> same STOO + a common matter of law/fact

Question 15

FRCP 26

Answer 15

Discovery - Scope / Protections

Question 16

FRCP 33-36

Answer 16

Discovery - Tools

Question 17

FRCP 55

Answer 17

Default Judgment - failed to plead or defend