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Civil Procedure - 9/9 - Conley & Swierkiewicz
Terms in this set (10)
claim for relief must contain: 1 - short and plain statement of the grounds for court jurisdiction, 2 - short and plain statement of claim showing pleader is entitled to relief, 3 - a demand for relief sought
Pleading must be direct and concise: 1 - allegations must be simple, concise, and direct. 2 - if a party makes an alternative statement, the pleading is sufficient if any one of them is sufficient. 3 - a party may state as many separate claims or defenses as it has, regardless of consistency
pleadings must be construed as to do justice. It gives the judge leeway and discretion (plain meaning vs purpose vs broader notion of justice...) in interpreting pleadings
Conley vs Gibson holding
1 - a complaint shouldnt be dismissed for failure to state a claim unless it appears plaintiff cant prove set of facts in support of claims.
2 - According to rule8, A complaint need to set forth a claim and give the defendant fair notice of its basis, without a detailed statement of facts. If the claim is legally cognizable, it's sufficient.
3 - A complaint is sufficient if: a. it encompasses a legal claim and doesnt contain allegations defeating the claim; and b. it's sufficient in factual detail if it mentions some of the cases background circumstances, but it need not allege facts that constitute all substantive elements of a recognized claim, as long as the elements are inferable
if facts alleged are assumed to be true, do they have a legal remedy under the law
Swierkiewicz Vs Sorema N.A. holding
1 - Evidentiary or prima facie pleading standard conflict with FRCP 8(a)(2).
2 - A court may dismiss a complaint, only if its clear that no relief could be granted under any set of acts that could be proved consistent with the allegation.
3 - Plaintiff satisfies requirement of 8a because he gives defendant fair notice of basis for his claims, and the ground on which the claims rest. Plus, he states grounds upon which relief could be granted under.
4 - Furthermore 8(a) establishes pleading standards without regard to whether a claim will succeed on merit.
5 - When federal court reviews complaint, the issue isn't whether plaintiff will prevail, but whether the claimant is entitled to offer evidence to support his claim
6 - To provide a short and plain statement of the claim showing that the pleader is entitled to relief, as is required to satisfy pleading requirements, a complaint must simply give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests.
7 - Simplified notice pleading standard applicable under Federal Rules of Civil Procedure relies on liberal discovery rules and summary judgment motions to define disputed facts and issues and to dispose of unmeritorious claims
Prima facie case
the bundle of elements plaintiff must prove in order to prevail on a particular claim. Making a prima facie case doesn't guarantee a win for the plaintiff, but not making a prima facie case guarantees a loss
Conley and Swierkiewicz analysis
In conley, the facts werent in dispute. the application of the law was the issue. In swierkiewicz, the were a question of substantial facts (has the plaintiff pleaded enough facts to give notice to defendant of his claim). Swierkiewicz builds on Conley by defining what notice meant.
expressio unius est exclusio alterius
the expression of one thing is the exclusion of another. when one or more things of a class are expressly mentioned others of the same class are excluded. Swierkiewicz uses this to rationalized simplified pleading standards for most cases, since FRCP rule 9(b) requires particuliarity only on cases constituting fraud or mistakes.
Complaint sufficiency after Conley
a complaint is sufficient if:
1- it encompasses a legal claim and doesnt contain allegations defeating the claim,
2- it's sufficient in factual detail if it mentions some of the cases background circumstances, but it need not allege facts that constitute all substantial elements of the recognized claim, as long as elements are inferable
THIS SET IS OFTEN IN FOLDERS WITH...
Civil Procedure - 9/11 - Twombly and Iqbal
Civil Procedure - 9/4 - Hawkins vs Masters Farm
Civil Procedure - 9/16 - Service, defenses and obj…
Civil Procedure - 9/18/2013 - Amending the Pleadin…
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