Z Basic Civpro

Question 1

What is civil procedure?

Answer 1

The set of practices and rules that define the process by which parties, lawyers, and judges resolve disputes in civil actions.

Question 2

How do you start a civil action?

Answer 2

Rule 3: a civil action is commenced by filing a complaint with the court

Question 3

What types of pleading are allowed in the pleading stage?

Answer 3

Rule 7: general pleading allowed in pleading stage 
Complaint 
Answer to complaint 
Answer to counterclaim  
Answer to crossclaim 
Third party complaint 
Answer to third-party complaint 
Reply to answer  
Rule 7: also allows motions

Question 4

What does a complaint need?

Answer 4

Rule 8: Contents of the complaint
8(a): claim for relief requires:
(1): grounds for court jurisdiction
(2): show entitlement to relief
(3): demand for relief
8(d): allegations must be simple, concise, and direct
8(e): pleadings must be construed so as to do justice

Question 5

What rule says how a defendant be informed of civil action taken against them?

Answer 5

Rule 4: Summons
See: Fuentes, Greene

If you were a lawyer for a plaintiff seeking to follow the steps set out in Rule 4 to inform the defendant of your suit, what writings would you produce and what would you do with them?

Question 6

Under Rule 4, what options does a plaintiff have to inform a defendant that she is taking legal action against him?

Answer 6

FIND OUT

Question 7

What’s a complaint?

Answer 7

“The complaint is a legal document stating the plaintiff’s claims against the defendant. It includes allegations (statements describing the parties and the events giving rise to plain-tiff’s grievance against the defendant) and a demand for relief, such as dam-ages or an injunction. The complaint may also specify the plaintiff’s cause of action, which is the specific law or legal rule that gives the plaintiff a right to sue for the injury alleged. The complaint is the first pleading filed with the court.” - Hubbard*

Question 8

What are allegations?

Answer 8

“statements describing the parties and the events giving rise to plain-tiff’s grievance against the defendant” - Hubbard*

Question 9

What is a cause of action?

Answer 9

“specific law or legal rule that gives the plaintiff a right to sue for the injury alleged” - Hubbard*

Question 10

What is pleading?

Answer 10

“Pleadings are the documents in which the parties state their claims and their defenses to the claims against them. (For this reason, the first stage of litigation, in which the parties file their pleadings, is called the “pleading stage.”)” - Hubbard*

Question 11

What is the defendant’s pleading called?

Answer 11

“The defendant’s pleading is called the answer. It is a responsive pleading, meaning that it contains responses to the allegations of the complaint, which the defendant can either admit or deny. The answer is also where the defendant may raise any affirm-ative defenses: legal rules that the defendant claims excuse the defendant from liability, even if the allegations in the complaint are true. The defendant may also raise counterclaims, which are claims for relief brought by the de-fendant against the plaintiff.” - Hubbard*

Question 12

What is responsive pleading?

Answer 12

“contains responses to the allegations of the complaint, which the defendant can either admit or deny.” - Hubbard*

Question 13

What are affirmative defenses?

Answer 13

“legal rules that the defendant claims excuse the defendant from liability, even if the allegations in the complaint are true” - Hubbard*

Question 14

What is a counterclaim?

Answer 14

“claims for relief brought by the defendant against the plaintiff” - Hubbard*

Question 15

What is a reply in civpro?

Answer 15

“If the defendant makes new allegations or legal claims against the plaintiff in the answer, the court may order the plaintiff to file a pleading responding to the answer, but this is not a common practice. This pleading is called a reply.” - Hubbard*

Question 16

Which rule governs pleadings?

Answer 16

“Federal Rules and most notably Rule 8(a)(2), which requires the plaintiff to include “a short and plain statement of the claim showing that the pleader is entitled to relief.” This sets a pleading standard that the plaintiff must meet. Courts have interpreted Rule 8(a)(2) to require that the complaint include enough fac-tual allegations that it is “plausible” that the plaintiff is entitled to relief on her claim.” - Hubbard*

Question 17

What is a pleading standard?

Answer 17

“Rule 8(a)(2), which requires the plaintiff to include “a short and plain statement of the claim showing that the pleader is entitled to relief.” This sets a pleading standard that the plaintiff must meet. Courts have interpreted Rule 8(a)(2) to require that the complaint include enough fac-tual allegations that it is “plausible” that the plaintiff is entitled to relief on her claim. (What, exactly, this plausibility pleading standard means, and which pleadings meet this standard and which do not, is the subject of ongoing debate and will be the subject of challenging in-class discussion.)” “ - Hubbard*

Question 18

How and when would a defendant argue that the complaint brought against them fails to meet the pleading standard?

Answer 18

“If the defendant wishes to argue to the court that the complaint fails to meet the pleading standard set by Rule 8(a)(2), the defendant may file a motion to dismiss for failure to state a claim (Rule 12(b)(6))—which is a request for the judge enter an order dismissing the complaint and thereby ending the action.” - Hubbard*

Question 19

In what two ways can a complaint be dismissed for failure to state a claim?

Answer 19

“If the court grants a motion to dismiss for failure to state a claim, the court will often give the plaintiff a chance to revise the complaint to cure its deficien-cies. This is called dismissing the complaint with leave to amend, which means the court allows (“grants leave to”) the plaintiff to file a revised com-plaint. The process of revising one’s pleadings is known as amendment. Dis-missal with leave to amend is also called dismissal without prejudice. “Prej-udice” is a word with many meanings, but in the specific context of civil proce-dure, prejudice refers to an adverse effect on a party’s legal rights. Dismissal without prejudice means that the plaintiff’s opportunity to pursue her claim is not lost; she can file an amended complaint.” - Hubbard*