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Pleadings Outline

Law Outlines > Civil Procedure (Duke Trina Jones) Outlines

This is an extract of our Pleadings document, which we sell as part of our Civil Procedure (Duke Trina Jones) Outlines collection written by the top tier of Duke University School Of Law students.

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1.1. Complaint I.


IV. V.

Pleading Functions a. Notice *
b. State relevant facts *
c. Narrow issues d. Guide for discovery e. Expose Insubstantial Claims f. Separate Factual & Legal Issues Rule 7: Types of pleadings allowed Rule 8: A pleading that states a claim for relief must contain: a. 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; b. a short and plain statement of the claim showing that the pleader is entitled to relief; and i. e.g. include "negligently" to indicate a claim of negligence c. a demand for the relief sought, which may include relief in the alternative or different types of relief Plausibility standard (Iqbal) to survive motion to dismiss for failure to state a claim under Rule 12(b)(6): a. Isolate legal allegations and conclusory statements i. Bare assertions that are nothing more than formulaic recitation of the elements of a claim are conclusory and not entitled to assumption of truth. b. The remainder of allegations must contain sufficient facts to state a claim that is plausible. Policy: Iqbal, Towmbly a. Iqbal is good i. Control the cost of discovery ii. Function as a gateway to proceedings under generous discovery provision of FRCP iii. Fewer cases will pass the motion to dismiss and therefore fewer judicial resources will be wasted. b. Flaw of Iqbal: i. It is the role of discovery, not complaint, to sort out the facts. It is sometimes difficult to find evidence before discovery ii. The Iqbal rule has the potential of denying plaintiffs with meritorious claims in court by raising insurmountable hurdles at the pleading stage. iii. Making a judgment under the Iqbal rule comes close to deciding facts that should be decided by jury iv. Rule 11(b)(3) appears to allow the P to sue without knowing the facts necessary to establish a claim, so long as she has

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