Pleading

Question 1

What are the purposes of pleadings in a legal case?

Answer 1

1. Serve different policy goals
2. Put the party on notice of claims and defenses
3. State facts
4. Narrow issues to the relevant dispute

Question 2

Why do strict pleading requirements prioritize policy goals?

Answer 2

1. Clarify issues
2. Reduce unnecessary litigation
3. Promote judicial efficiency by ensuring only meritorious claims proceed

Question 3

What are the key requirements for relief under Rule 8?

Answer 3

1. Grounds for the courts jurisdiction
2. Pleader is entitled to relief
3. A demand for the relief sought
4. Legally and factually sufficient

Question 4

What is legally sufficient?

Answer 4

All elements of the claim are asserted

Question 5

What is factually sufficient?

Answer 5

Enough facts for litigation to proceed

Question 6

What does Rule 9 require regarding pleading?

Answer 6

Rule 9 requires heightened pleading standard for certain claims, such as fraud or mistake, where the facts must be stated with particularity.

Question 7

What 7 defenses can be raised through a 12(b) motion to dismiss?

Answer 7

1. Lack of PJ
2. Improper venue
3. Insufficient process
4. Insufficient service of process
5. Lack od SMJ
6. Failure to state a claim
7. Failure to join a party under Rule 19

Question 8

What do Rules 12(g) and 12(h) require?

Answer 8

Rules 12(g) and 12(h) require a defendant to assert 4 of the 7 defenses at the first opportunity. If not raised, they cannot be asserted later.

Question 9

What are the 4 defenses that must be raised according to Rule 12(g) and 12(h)?

Answer 9

1. Lack of PJ
2. Improper venue
3. Insufficient process
4. Insufficient service of process

Question 10

What must the movant do in a 12(b) motion to dismiss?

Answer 10

The movant must assume the plaintiff’s allegations are true and cannot introduce new facts. The court can only consider the content within the four corners of the complaint.

Question 11

What must the defendant do in an answer?

Answer 11

The defendant must respond to the allegations in the complaint within 21 days, either by admitting, denying, or stating insufficient information to form a belief.

Question 12

What is a general denial? What are the court restrictions?

Answer 12

A broad denial of all allegations

State courts allow, federal courts restrict

Question 13

What is a specific denial?
What are the court restrictions?

Answer 13

A denial of a particular allegation

Typical in federal court

Question 14

What is Rule 8(c)?

Answer 14

Affirmative defenses

Examples:
1. Lack of jurisdiction
2. Statute of limitations

Question 15

What happens if a defendant fails to deny an allegation in their answer?

Answer 15

It is considered an admission and is binding unless special relief is granted by the court.

Question 16

What is the twiqbal standard of pleading?

Answer 16

A claim must be plausible on its face.

Question 17

Does a claim survive if Liable explanation > non liable explanation?

Answer 17

Complaint survives

Question 18

Does a claim survive if Liable explanation < non liable explanation?

Answer 18

Complaint dismissed

Question 19

Does a claim survive if Liable explanation ~ non liable explanation?

Answer 19

Complaint survives

Question 20

What are the policy reasons behind the twiqbal standard? (pros and cons)

Answer 20

Pros: judicial efficiency, deters costly litigation, ensures claims are more than speculative

Cons: limits access to courts, can result in premature dismissals

Question 21

What was the old pleading standard?

Answer 21

Allows any set of facts consistent with a plausible explanation to suffice

Question 22

What are the policy reasons behind the old pleading standard standard? (pros and cons)

Answer 22

Pros: easy access to justice, broad claims

Cons: allowed weak claim, wasted court resources

Question 23

Policy Question: Rule 9 heightened pleaded standard