Pleading Flashcards
Preliminary Junction rule
To grant a preliminary injunction, the court must determine that the plaintiff is likely to succeed on the merits of his action at trial.
General denial rule
When responding to a complaint, a party may make a general denial of all allegations if he, in good faith, does actually intend to deny all allegations.
Amending
a party may amend its pleading once as a matter of course within 21 days after serving it. Under Rule 12(h)(1)(B), a party waives the defense of lack of personal jurisdiction by failing to include it in a pre-answer motion, a responsive pleading, or in an amendment allowed by Rule 15(a)(1), as a matter of course.
Summary judgment burden of persuasion rule
the movant with respect to the summary judgment motion, has the burden of persuasion to show that there is no genuine dispute as to any material fact.
Rule for deciding a motion to dismiss
In deciding a motion under Rule 12(b)(6), courts must view the pleading in the light most favorable to the plaintiff.