Pleadings Flashcards

1
Q

When must a defendant respond to a complaint?

A

No later than 21 days after service of process by motion or answer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What must defendant do in the answer?

A

Respond to allegations in the complaint, and raise all affirmative defenses (in good faith) that will be waived if not raised.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

If the defendant brings a motion instead of an answer, will he waive affirmative defenses if not raised in the motion?

A

No - a motion is not a FRCP 12 pleading.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When must a D raise lack of personal jurisdiction?

A

In the first FRCP 12 pleading brought or else it’s waived.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When must D raise improper venue?

A

In the first FRCP 12 pleading brought or else it’s waived.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When must D raise insufficient process (a problem with the documents)?

A

In the first FRCP 12 pleading brought or else it’s waived.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When must D raise insufficient service of process?

A

In the first FRCP 12 pleading brought or else it’s waived.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

When must D raise failure to state a claim on which relief can be granted?

A

D can raise failure to state a claim on which relief can be granted for the first time at any point during the trial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When must D raise failure to join an indispensable party?

A

D can raise failure to join an indispensable party for the first time at any point during the trial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When must D raise lack of subject matter jurisdiction?

A

D can raise lack of subject matter jurisdiction any time during the case, even for the first time on appeal.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What does the notice pleading system require of the complaint?

A

A statement of subject matter jurisdiction, a short and plain statement of the claim, showing entitlement to relief, and a demand for judgment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

How specific must the claim in the complaint be?

A

It must show facts supporting a PLAUSIBLE claim not merely a possible claim.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Which three types of claims require a heightened pleading standard?

A

Fraud, mistake, and special damages (that don’t ordinarily flow from an event).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly