Themis Essay 5491

Question 1

The Federal Rules of Civil Procedure require a short and plain statement of the claim, showing that

Answer 1

the pleader is entitled to relief in order to give the defendant fair notice of what the plaintiff’s claim is and the grounds upon which it rests.

Question 2

Under the Federal Rules’ notice pleading requirement, detailed factual allegations are not required, but

Answer 2

a party must plead facts sufficient to show that the claim has substantive plausability.

Question 3

Under the Federal Rules, a claimant’s pleading may not merely

Answer 3

recite the elements of a cause of action with broad, conclusory statements.

Question 4

If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, then the court:

Answer 4

(i) upon finding prejudice to another party, may order measures no greater than necessary to cure the prejudice; or
(ii) upon finding that the party acted with the intent to deprive another party of the information, may presume the lost information was unfavorable to the party, instruct the jury that it may or must presume the information was unfavorable, dismiss the action, or enter a default judgment.

Question 5

A party may file a Motion for Relief from a Judgment within a reasonable time, and no later than one year following the entry of the judgment for:

Answer 5

(i) newly discovered evidence that could not have been earlier discovered with reasonable diligence; or
(ii) fraud, misrepresentation, or misconduct by an opposing party.

Question 6

The Federal Rules allow a court to exercise its equitable jurisdiction to relieve a party from a judgment in any case in which enforcing the judgment would

Answer 6

work injustice, and the party seeking relief or its counsel was not guilty of misconduct or gross negligence.