1 / 19

Tues., Aug. 27

Tues., Aug. 27. starting a lawsuit. drafting a complaint.

kris
Download Presentation

Tues., Aug. 27

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Tues., Aug. 27

  2. starting a lawsuit

  3. drafting a complaint

  4. - Rule 8. General Rules of Pleading(a) Claim for Relief. A pleading that states a claim for relief must contain:(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

  5. what purpose does service of a complaint on the defendant serve?

  6. what role might the complaint play in:discovery?trial?

  7. how can a plaintiff get an action dismissed just on the basis of what is in the complaint?

  8. what purpose does the answer to a complaint serve?

  9. is there a way the plaintiff could prevail simply on the basis of a complaint and answer?

  10. what is a frivolous action?

  11. does 8(a) help prevent frivolous actions?

  12. Rule 11discovery – summary judgment

  13. can detail in a complaint be used to weed out frivolous actions?

  14. history of pleading

  15. 1) common law pleading2) reform through Field Code - called “fact” or “code” pleading

  16. modern approach:notice pleading

  17. can you be conclusory in your pleading under 8(a)?

  18. COMPLAINT FOR NEGLIGENCE 1. <Statement of Jurisdiction. See Form 7.> 2. On <Date>, at <Place>, the defendant negligently drove a motor vehicle against the plaintiff. 3. As a result, the plaintiff was physically injured, lost wages or income, suffered physical and mental pain, and incurred medical expenses of $ <_____> . Therefore, the plaintiff demands judgment against the defendant for $ <_____> , plus costs.

  19. Three things that can be wrong with a complaint:1) legal sufficiency of factual allegations FRCP 12(b)(6)2) level of specificity in factual allegations FRCP 8(a)3) evidentiary support for factual allegations FRCP 11, 56

More Related