Pleadings Flashcards
In federal court, Plaintiff’s initial pleading is called a ____. It must contain:
(1) an allegation of ____
(2) a short and plain ____ showing that the pleader is ____
(3) a demand for ____
complaint
(1) subject matter jurisdiction
(2) statement of the claim . . . entitled to relief
(3) judgment
In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the United States Supreme Court held that a properly-stated claim must “contain sufficient (1) ____, accepted as true, to state a claim for relief that is (2) ____.”
(1) factual matter
(2) plausible on its face
In federal court, defendant’s answer must respond to each paragraph of plaintiff’s complaint with one of the following:
(1) ____
(2) ____
(3) statement that defendant ____
(1) admission
(2) denial
(3) lacks sufficient knowledge to respond
In addition to the foregoing, defendant may plead ____. If defendant fails to plead these, they are ____. Name three examples:
(a) affirmative defenses
(b) waived
(c) accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, duress, estoppel failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver
F.R.C.P. 11 requires that an attorney or pro se party sign each pleading, which certifies that he or she has made a ____, and that the pleading is
(1) not being presented for any ____;
(2) ____ or a ____ for the extension, modification, or reversal of existing law or the establishment of new law;
(3) supported by ____, or will likely be after a reasonable opportunity for discovery. ____ must be warranted on the evidence or based on a reasonable lack of information or belief.
reasonable inquiry
(1) improper purpose
(2) warranted by existing law . . . nonfrivolous argument
(3) evidence . . . . Fact denials
If plaintiff’s initial pleading is so vague and ambiguous that defendant cannot reasonably be expected to respond, defendant may file a (1) ____ under F.R.C.P. 12(e). This must be filed (2) ____ the Answer.
(1) Motion for More Definite Statement
(2) before
Defendant may use a ____ under F.R.C.P. 12(f) to challenge any insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter.
Motion to Strike
Defendant may challenge the Complaint’s legal sufficiency by a ____, under F.R.C.P. 12(b)(6).
Motion to Dismiss for Failure to State a Claim
Defendant may challenge (1) ____ at any time. Defendant must challenge (2) ____ and (3) ____ at the first opportunity or waive them.
(1) subject matter jurisdiction
(2) personal jurisdiction
(3) venue
Two types of counterclaim are (1) ____ and (2) ____. A (3) ____ counterclaim is one related to plaintiff’s claim. If it is not asserted, it is (4) ____.
(1) compulsory
(2) permissive
(3) compulsory
(4) waived
A third party claim is one brought by a defendant against a (1) ____. It is based on (2) ____ liability.
(1) new party
(2) derivative
Pleadings may be amended to add new ____, and new ____ or ____.
(1) factual allegations
(2) claims
(3) causes of action
If a pleading adds a new claim that is barred by the statute of limitations, that new claim will be allowed if it is related to the original claim and if the new claim would have been timely if filed with the original claim. This is the “____” in Fed. R. Civ. P. 15(c).
doctrine of relation back
The doctrine of relation back also allows a plaintiff to add a new defendant after the statute of limitations has run if the ____ in Rule 15(c) is satisfied.
balancing test
If plaintiff presents evidence on an unpleaded claim during trial and defendant fails to object, that unpleaded claim will be valid if the court grants plaintiff’s ____.
Motion for Trial Amendment
