Tues., Aug. 27

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