Week 1 - Turning point

Question 1

What kind of jurisdiction does Rule 8 refer to?

Answer 1

Subject matter jurisdiction

Question 2

The flexible plausibility standard set forth in Twombly and applied in Iqubal requires:

Answer 2

The amplification of the claim with factual allegations to allow the court to draw the reasonable inference that the plaintiff is entitled to relief

Question 3

Defendant returned plaintiff’s car with minor damage to the rear bumper. Plaintiff sues defendant for breach of contract alleging that P and D had an agreement to return the car in the same condition that D borrowed it. P also sues D for negligence alleging that they did not have a contract but D had a duty to return the car in the same condition and breached that duty. Are these allegations permissible?

Answer 3

Yes. Remember that a party may allege alternative (and conflicting) theories as long as they are made in good faith. If any claim is sufficient the pleading is sufficient.

Question 4

Can you allege two contradictory claims? Explain.

Answer 4

Yes if those claims are NOT in bad faith. They have to be in good faith and there has to be some basis.