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Pleadings [Complaint & Answers]
Terms in this set (8)
What is the Substantive Rule for a Complaint?
Twiqbal "Plausibility" Standard
-A pleading standard by taking all facts as true, and ignoring any legal conclusions, and then taking remaining inferences to see if claim is plausible.
-Plausible = something more than possible, but can be less than probable; specific facts that illustrate the claim's elements.
Under Twiqbal, what's the differences between fact, legal conclusions, and inferences?
*Fact: Something that the party making the allegation might really know, or something that can be observed or tested directly.
*Legal Conclusions: The legal significance of a fact or inference; conclusory allegations state an element of a claim without asserting the facts and inferences.
*Inference: Something that the alleging party cannot truly know, such as the opposing party's state of mind or whether the opposing party was involved in a secret agreement (conspiracy), but which could be inferred based on the facts.
How do judges determine what claims are plausible?
-By "drawing on their judicial experience and common sense"--problem with this is that it's very subjective and doesn't cover everything that happens in the world.
What is a claim?
- A claim is a set of facts that give rise to the inference that something happened for which the law will provide a remedy.
-To bring a claim, you have to have a good-faith belief based on a reasonable investigation that evidence exists to support each element of your claim.
In the beginning, attorneys have very few facts. What are the ideas behind the rules that reflect this?
1. The initial pleading burden will be quite minimal.
2. Then the facts would come out in discovery, and
3. Then the parities will amend their pleadings if discovery shows there to be different causes of actions than expected/ it narrows the issues.
4. The, motions or trial, will resolve the case on its merits--not technicalities.
What Federal Rules apply in this section?
R. 7 = Pleadings
R. 8 = Complaints/Answers
R. 9 = Answers
R. 12 = Preliminary Motions
What is a pleading?
-Defined in R. 7
-A pleading is a complaint (original or third-party), or an answer.
-Pleadings contain allegations, and denials that identify the parities, identify the SMJ of the court, identify the claims and defenses, and the subject of the case.
-* A motion is not a pleading.
What's the overall order of pleadings?
-First, you file your pleadings (complaints and answers--claims and defenses)
-Next, preliminary motions to make sure you are in the right courthouse and to make sure you have a claim to which the law provides some sort of relief.
-Then, you do discovery where you can get records from opponents, experts, swearings, etc.
-Then, summary judgment is done to weed out cases that didn't make if after discovery process for lack of evidence.
-Those that survive go to trial.
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