Pleading Standards Flashcards
What is the current pleading standard for FRCP 8?
The Plausibility Standard is the current pleading standard for FRCP 8
How do you determine plausibility?
You determine plausibility by doing the Iqbal Test.
What are the steps of the Iqbal Test?
- Identify legal conclusions and ignore them.
- Identify facts and accept them as true.
- Use “judicial experience and common sense” to determine if facts state a plausible claim.
What is a plausible claim?
A plausible claim is more than possible conceivable, but it does not need to be probable.
What are the modern forms of pleading?
- Fact (Code) Pleading
- Notice Pleading
What is Fact (Code) Pleading?
Pleading all facts to support elements of a claim.
What is Notice Pleading?
“Short, plain statement…”
What is the difference between a Pleading and a motion?
Pleadings don’t do anything; they just initiate the litigation and are “moves.”
Motions are just asking the Court to do something.
What statute states the permitted pleadings?
FRCP 7.
What does FRCP 7 state?
FRCP 7. Pleadings Allowed; Form of Motions and Other Papers
(a) PLEADINGS. Only these pleadings are allowed:
(1) a complaint;
(2) an answer to a complaint;
(3) an answer to a counterclaim designated as a counterclaim;
(4) an answer to a croscclaim;
(5) a third-party complaint;
(6) an answer to a third-party complaint; and
(7) if the court orders one, a reply to an answer.
(b) MOTIONS AND OTHER PAPERS.
(1) In General. A request for a court order must be made by motion. The motion must:
(A) be in writing unless made during a hearing or trial;
(B) state with particularity the grounds for seeking the order; and
(C) state the relief sought
(2) Form. The rules governing captions and other matters of form in pleadings apply to motions and other papers.
What rule provides the rules for general notice pleading?
FRCP 8.
What does FRCP 8 state?
FRCP 8. General Rules of Pleading – Notice Pleading
–COMMENT: “short plain statement”
(a) CLAIM FOR RELIEF. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support.
(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and
(3) a demand for the relief sought, which may include relief in the alternative or different types of relief
(b) DEFENSES; ADMISSIONS AND DENIALS
(1) In General. In responding to a pleading, a party must:
(A) state in short and plain terms its defenses to each claim asserted against it; and
(B) admit or deny the allegations asserted against it by an opposing party.
(2) Denials—Responding to the Substance. A denial must fairly respond to the substance of the allegation.
(3) General and Specific Denials. A party that intends in good faith to deny all the allegations of a pleading—including the jurisdictional grounds—may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny the designated allegations or generally deny all except those specifically admitted.
(4) Denying Part of an Allegation. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.
(5) Lacking Knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.
(6) Effect of Failing to Deny. An allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.
(C) AFFIRMATIVE DEFENSES. – Not included.
What rule provides the rules for pleading special matters?
FRCP 9
What does FRCP 9 state?
FRCP 9. Pleading Special Matters – “heightened” standards
(b) FRAUD OR MISTAKE; CONDITIONS OF MIND. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.
Why does FRCP 9 require a higher standard for pleadings?
The reason we have higher standard requirements for pleadings regarding fraud claims is because it can be particularly damaging to be accused of fraud.
The reason that we have a higher standard requirement for pleadings regarding mistake claims is because you might require additional information to meaningfully put the defendant on notice.
