Pleading - Basic Pleading

Question 1

Basic Pleading

Answer 1

Most pleadings consist of an answer and a complaint

Question 2

Rule 8(a)

Contents of a Pleading

Answer 2

A pleading that states a claim for relief must contain

1. A short and plain statement of jurisdiction
2. A short and plain statement showing entitlement of relief and
3. A demand for the relief sought

Question 3

Rule 8(b) 
Responding to a Pleading

Answer 3

• Admit or deny each allegation and list defenses in short and plain terms
• A responding party may deny all allegations generally if it plans to deny them all. If a party does not deny all allegations, it must deny specific ones or generally deny all of them except the ones it admits.
• If a party wants to deny part of an allegation, it must admit the part that is true and deny the rest
• If a party doesn’t know the truth about an allegation, it must say so and it will be taken as a denial.
• If a response is mandatory and doesn’t mention an allegation, it will be taken as admitted. If response is not mandatory, it will be taken as denied or avoided

Question 4

Rule 8(c)

Affirmative Defenses

Answer 4

• Lists affirmative defenses a party must use
• If a party mistakenly designates a defense, the court must treat the document as if it was designated correctly, if justice requires

Question 5

Rule 8(d)

Alternate Statements and Inconsistancies

Answer 5

A party my set out multiple versions of a statement of a claim or defense and the pleading will be sufficient as long as one of the versions in sufficient

A party may state any claims or defenses it has even if they’re not consistent

Question 6

Rule 8(e)

Construing Pleadings

Answer 6

Pleadings must be interpreted as to do justice

Question 7

Doe v. Smith

Answer 7

A complaint is sufficient under Rule 8 if it states the claim.

But the court went through each element of the claim, suggesting that this is what is needed in a complaint

Question 8

Rule 10

Format of a Pleading

Answer 8

Every pleading must have a caption with the appropriate information, numbered paragraphs stating the claims or defenses, and separate each claim or defense in counts if that provides clarity

Question 9

Rule 38(a)-(b)

Demand for a Ttrial

Answer 9

A party must demand a trial in its pleading

Question 10

Conley v. Gibson ​

Answer 10

A complaint should not be dismissed unless “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”

Question 11

Bell Atlantic Corporation v. Twombly

Answer 11

The court only has to accept factual allegations as true if they do more than just recite the elements of the claim.

Only a complaint that states a plausible claim for relief survives a motion to dismiss.

Question 12

Ashcroft v. Iqbal

Answer 12

Begin by looking at the elements of a claim

Then identify nonconclusory fact statements and accept them as true.

Decide whether the well-pleaded factual allegations are plausible enough to entitle the plaintiff to relief.