Pleadings

Question 1

Types of claims that require special pleading

Answer 1

Fraud or mistake

special damages

Question 2

Twombly and Iqbal tell us what?

Answer 2

That federal civil procedure has not abandoned notice pleading but they curtail it by demanding that in certain cases allegations in the complaint must state a plausible case for recovery.

Question 3

Under the federal Rules, an emphasis has shifted from pleading on the ____ of the case to ___ pleading. Today a pleading need ___ detail the facts of the plf’s case or spell out the legal ___. All that is required is a _____ and ____ statement of the claim.

Answer 3

merits 
notice pleading.
NOT 
theory
short and plain
Except T and I curtail it a bit

Question 4

An amendment to add or change a party against whom a claim is asserted must concern the same ______, _______ or _____ as the original pleading, be filed within ____ days, AND the party to be added must have _____ or had reason to know that the action should have been brought against the party but for mistake.

Answer 4

In order for an amendment to relate back when adding or changing a party against whom a claim is asserted must concern the same conduct, transaction or occurrence as the original pleading, be within 120 day after the original complaint was filed, AND the party to be added must have known or had reason to know that the action should have been brought against the party but for mistake.

Question 5

If the plf tries to amend and the original complaint did not give the correct def notice the plf’s claim is ___?

Answer 5

time-barred