Pleading

Question 1

Pleading

Answer 1

the filing of a complaint and answer where plaintiff states claims and defendant states answers and defenses

Question 2

Common law pleading functions

Answer 2

1. Giving notice of the claim or defense
   2 Stating the facts each party believed to exist
2. Narrowing the issues for trial
3. Screening frivolous claims and defenses

Question 3

Pleading components Include

Answer 3

> Evidentiary facts–matter witnesses could testify about, such as who, what, when, where, and sometimes why
Ultimate facts–the analysis of evidentiary facts to the law
Legal conclusions–such as the defendant being liable because the plaintiff established all the elements of breach of contract.

Question 4

Ways of approaching pleading

Answer 4

1) Fact pleading: alleging evidentiary facts to meet every element of a claim
2) Notice pleading: alleging enough to put the opposing party on notice of a claim

Question 5

Federal Rule 7 permits

Answer 5

Plaintiff’s complaint, defendant’s answer, plaintiff’s answer to a counterclaim, any party’s answer to a crossclaim, an answer to a third party complaint, reply to an answer

Question 6

FRCP 8

Answer 6

• Requires a short and plain statement if the claim showing the pleader is entitled to relief, which was the concept of notice pleading
• Was interpreted liberally under Conley v. Gibson; interpreted narrowly under Bell Atlantic v. Towbly and Ashcroft, plausibility pleading

Question 7

FRCP 9

Answer 7

• Heightened pleading is required. Require a pleading with evidentiary facts supporting each element
• Applies to allegations of fraud and mistake

Question 8

Complaint contents

Answer 8

• An allegation of SMJ
• Service of process
• Claim
• Damages
• Prayer for relief

Question 9

Answering a complaint

Answer 9

Admit, deny, or lack sufficient knowledge to respond

Question 10

Affirmative defenses are

Answer 10

Rule 8(c)(1) such as assumption of risk, estoppel, fraud, and limitations

Question 11

Rule 12(b)(6)

Answer 11

12(b)(6) failure to state a claim

Question 12

Amending the pleading

Answer 12

Pleadings ≥ Discovery ≥ Evidence ≥ Verdict = Judgment

Question 13

The right to amend

Answer 13

federal practice has only a limited right to amend at the outset of the case and after that, the amending party must seek leave of court or have the other parties consent