Pleading Flashcards
What are the four functions of pleading?
- Giving notice of the claim or defense
- Stating the facts each party believed to exist
- Narrowing the issues for trial, and (it is important to know what the trial is going to be about)
- Screening frivolous claims and defenses (dismiss those claims as to not waste the court or judge’s time)
What are the components of a pleading?
Evidentiary facts, ultimate facts, conclusions of law
What are evidentiary facts?
what happened, where it happened, when, who was involved, what were the damages?
What are ultimate facts?
the analysis of evidentiary facts to the law, such as the defendant’s performance being inadequate or defendant’s behavior being unreasonable. This goes to what is going to happen in a case.
What are legal conclusions?
what is the law? Statements such as the elements of breach of contract. This goes to what is going to happen in a case
What are the two approaches to pleading?
Notice pleading and Fact/code pleading
What is fact/code pleading?
-alleging evidentiary facts to meet every element of the claim. So if the claim is negligence, the plaintiff must plead evidentiary facts that would prove each element of negligence. If each claim is not adequately stated, the complaint is dismissed.
What is notice pleading?
alleging enough to put the opposing party on notice of a claim. They may include evidentiary facts, ultimate facts, and conclusions of law. An easier standard than fact pleading. A Judge decides whether this moves forward.
What governs how much is enough to include in notice pleading?
Due process
What is Rule 8?
The basic pleading rule- a short and plain statement of the claim that will give the defendant fair notice of what the claim is and the ground upon which it rests (notice pleading)
What did Twombly do?
It overuled notice pleading and reinstated fact/code pleading.
It created the plausibility standard- a plaintiff must provide enough detail in their complaint to show that the claim is plausible, not just possible
What is Rule 11?
at governs the signing of court documents in federal civil litigation. The rule is designed to promote honesty, prevent frivolous claims, and ensure that legal arguments are made in good faith. Specifically, Rule 11 imposes sanctions on parties or attorneys who file documents that are not properly supported by facts or law.The attorney’s signature on the complaint: this signature by the attorney alleges that you are telling the truth. If an attorney alleges something that isn’t true, they will have to pay some money. An attorney has to make a reasonable inquiry in each specific case they have
What is heightened pleading?
Certain types of cases like fraud and mistake that require a party to plead the circumstances with particularity to ensure that the claims are not merely speculative or frivolous
What rule governs heightened pleading?
Rule 9
What is general denial?
all you need in most states. used in Texas, the defendant hearby denies every allegation of the plaintiff’s claim or petition. By denying it, you have raised them as issues and they will go to a fact finder. You don’t need anything else other than affirmative defenses.
