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Civpro I > Pleadings - Complaint > Flashcards

Pleadings - Complaint Flashcards

1
Q

What rules?

A 
5(d)
7
8
10
11
38
9(b)
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2
Q

What should a pleading of claim for relief have?

A

Pleading of claim for relief must have:

  1. short and plain statement of grounds for jurisdiction
  2. short and plain statement of claim showing pleader is entitled to relief
  3. demand for relief sought
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3
Q

How must pleadings be construed?

A

Pleadings must be construed so as to do justice

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4
Q

What does form of pleadings include? What rule?

A

Form of pleadings includes

  1. caption and parties’ names
  2. numbered, separated paragraphs that can be referred to in later pleadings by number
  3. statement in pleading may be adopted by reference in same pleading or other pleadings/motions

R.10

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5
Q

Which pleadings are allowed? What rule?

A
  1. Complaint
  2. Answer to complaint
  3. Answer to counterclaim
  4. Answer to crossclaim
  5. Impleader
  6. Answer to impleader
  7. Reply to answer

Rule 7(a)

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6
Q

What and who starts a lawsuit? What rule?

A

P submits a complaint to start lawsuit

Rule 8(a)

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7
Q

What does P do to D to start lawsuit? What rule?

A

Serve on D a summons and complaint

Rule 5

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8
Q

How are pleadings construed? What does that mean? What rule?

A

Construed so as to do justice
Small errors allowed
R. 8(e)

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9
Q

What are the form requirements for the complaint?

A
  1. Caption
  2. Subject matter jurisdiction
  3. Prayer for relief and jury demand
  4. Signature
  5. Separate statement and numbered paragraphs
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10
Q

What is included in the caption? What rule?

A
  1. Name of court
  2. Title of pleading
  3. Names of parties
  4. File # (federally issued by clerk’s office)

R.10(a)

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11
Q

What is required for subject matter jurisdiction? What rule?

A

Short and plain statement of grounds for court’s jurisdiction

R.8(a)(1)

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12
Q

When is subject matter jurisdiction not required in complaint? What rule?

A

Court already has jurisdiction and claim needs no new jurisdictional support

R.8(a)(1)

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13
Q

What is included in prayer for relief and jury demand? What rules?

A
  1. Demand for remedy sought, both at law and equitable
  2. Located near end of document
  3. Must put jury demand but doesn’t have to be in same section as prayer for relief

R.8(a) for demand for relief
R.38 for jury demand

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14
Q

What is included in the signature? What rule?

A
  1. Date
  2. Signature and contact info of attorney
  3. Usually located after prayer for relief, very end

R.11(a)

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15
Q

What happens if paper is unsigned? What rule?

A

Unsigned paper must be stricken unless omission is promptly corrected after being called to party’s attention

R.11(a)

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16
Q

How do you format statements and paragraphs in complaint? What rule?

A

Must state claims or defenses in numbered paragraphs, each limited to single set of circumstances

R.10(b)

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17
Q

What is in the body of complaint? What rule?

A
  1. Short and plain statement of claim
  2. Showing pleader is entitled to relief

R.8(a)(2)

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18
Q

What are the two general aspects of the body of complaint?

A
  1. Facts

2. Law

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19
Q

What requires heightened pleading? What must a party do in a heightened pleading? What rule?

A

When alleging fraud or mistake, party must state circumstances constituting fraud or mistake with particularity

R.9(b)

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20
Q

For what claims is heightened pleading required? What rule?

A

Fraud
Mistake

R.9(b)

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21
Q

Can court adopt special heightened standard for anything other than those listed in R.9?

A

No

22
Q

What else requires heightened pleading? What rule?

A

Request for special damages must be stated specifically

R.9(g)

23
Q

What is stating with particularity?

A

Explain circumstances surrounding claim and special damages

24
Q

What are purposes of heightened pleading?

A
  1. Provide fair notice
  2. Protect D’s rep
  3. Protect public resources
  4. Calm concerns about suspicious Ps
25
Q

Well-pleaded

A

Not conclusory

26
Q

Conclusory

A

Naked recital of element of a cause of action

27
Q

Elements pleading

A

Factual allegations respecting each and every element of theory of liability under applicable law

28
Q

Are Ps required to utilize elements pleading in complaint?

A

No, but good practice

29
Q

Does R.8 require fact pleading?

A

No, but Twombly and Iqbal may strongly urge it

30
Q

Fact pleading

A

Pleading specific facts in sufficient detail to suggest the plausibility of liability under applicable law

31
Q

Why was Twombly a landmark case?

A
  1. Reversed lenience of Conley standard, held that Conley is an incomplete, negative gloss on accepted pleading standard
32
Q

Conley standard

A

Required complaint only state conceivable set of facts

33
Q

Why did Twombly criticize Conley?

A

Wholly conclusory claim would survive motion to dismiss whenever pleading left open possibility that P might later establish some set of undisclosed facts

34
Q

What was the congressional reaction to Twombly?

A
  1. Tried to pass Notice Pleading Restoration Act of 2009
  2. Provided that motion to dismiss be held to Conley
  3. Failed, Twombly is new standard
35
Q

Twombly standard

A

Plausibility pleading

  1. Claims must cross line from possible to plausible
  2. Context-specific - more complex the claim, the higher the plausibility bar
  3. Pleading must do more than simply give D notice, must perform some kind of screening function
36
Q

Twombly 3-part Test

A
  1. Elements required for claim
  2. Well-pleaded factual allegations (non-conclusory)
  3. Plausible claim
37
Q

What are the two purposes of R.11?

A
  1. Provides standard for care and candor

2. Establishes procedure for violations

38
Q

What does R.11(a) require?

A

Signature

39
Q

What happens if paper is filed without signature?

A

Court must, not may, strike it

40
Q

What papers require a signature by R.11?

A

All pleadings, motions, and other papers

41
Q

What papers are not included in R.11’s signature requirement?

A

Discovery disclosures, motions, and papers

42
Q

What does the signature certify? What rule?

A

After reasonable inquiry under circumstances, signed document has no

  1. Improper purposes
  2. Frivolous legal contentions
  3. Lack of evidence
  4. Lack of denials of factual contentions

R.11(b)

43
Q

Are good faith changes to law allowed? What rule?

A

Yes

R.11(b)(2)

44
Q

What is a good faith change to law?

A

Nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law

45
Q

What kind of inquiry is required by signature?

A

Reasonable inquiry under circumstances

46
Q

Is the duty imposed by R.11(b) objective or subjective?

A

Objective

47
Q

Is there a locality rule for duty imposed by signature?

A

No, does not vary based on qualification or locality of lawyer

48
Q

Does the duty imposed by the signature apply to fact, law, or both?

A

Both

49
Q

Snapshot rule

A

Violation of R.11(b) is examined at date of paper’s filing

50
Q

Who can serve the summons and complaint? What rule?

A
  1. At least 18 years old
  2. Not a party to action

R.4

51
Q

Process

A

Summons and complaint

52
Q

How can an individual be served? What rule?

A
  1. Personal service
  2. Service left at D’s usual place of abode with one of suitable age/discretion
  3. Service upon authorized agent of D

R.4

Civpro I (18 decks)

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