Pleading Flashcards

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1
Q

Preliminary Junction rule

A

To grant a preliminary injunction, the court must determine that the plaintiff is likely to succeed on the merits of his action at trial.

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2
Q

General denial rule

A

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.

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3
Q

Amending

A

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.

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4
Q

Summary judgment burden of persuasion rule

A

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.

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5
Q

Rule for deciding a motion to dismiss

A

In deciding a motion under Rule 12(b)(6), courts must view the pleading in the light most favorable to the plaintiff.

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