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Tues. Aug. 28

Tues. Aug. 28. drafting a complaint.

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Tues. Aug. 28

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  1. Tues. Aug. 28

  2. drafting a complaint

  3. - 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.

  4. stating a claim

  5. D had a duty of a care for PD breached the duty of care (was negligent)P suffered damages D’s negligence was proximate cause of P’s damagesP was not contributorily negligent?

  6. burden of allegationburden of proofstandard of proof

  7. motion to dismiss for failure to state a claim(a.k.a. demurrer)

  8. history of pleading

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

  10. modern approach:notice pleading

  11. Need to distinguish three things that can be wrong with a complaint:1) level of specificity in factual allegations – Fed. R. Civ. P. 8(a)2) legal sufficiency of factual allegations - Fed. R. Civ. P. 12(b)(6)3) evidentiary support for factual allegations- Fed. R. Civ. P. 11, 56

  12. On Tuesday, August 28, 2012 at 11:12 a.m. Defendant Benjamin Abel ran up from his seat to the front of Plaintiff Michael Green’s civil procedure class at William & Mary Law School in Williamsburg, Virginia, and began intentionally pummeling Michael Green about the face and head with Defendant’s civil procedure casebook, causing Plaintiff substantial physical injury.

  13. Defendant Benjamin Abel intentionally engaged in contact with person of Plaintiff Michael Green that was harmful or offensive, causing damages.

  14. On Tuesday, August 24, 2010 at 11:12 a.m., Defendant Benjamin Abel intentionally failed to praise Plaintiff Michael Green for Plaintiff’s exemplary lecture on civil procedure, in circumstances in which praise would have been reasonable, thereby causing Plaintiff substantial psychological distress.

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