FRCP CRIB MBE FREQ: JD, Venue, M, Pleadings, Joinder, Disco, Adjudicating w/out trial, pre trial conf Know how all M work will show up for other subjects. TABLE OF CONTENTS 1. MBE Approach 2. Mneumonics 3. Checklist 4. S Out F APPROACH FOR MBE 1. STEP 1 : Read Call ( choices for clues 2 narrow issue. Don’t weigh merits of ans bc have no facts). Use call to direct facts and what to look out for. Note role in call atty jury etc 2. STEP 2 : Determine if jdal or procedural question type . a. Jd Q : Ask whether case is in right ct: Look 4 does ct have power ova party/property? Whether ct can hear case? b. Procedural Q: Ask about procedural issue c. STEP 3 : Ans question in head b4 reading ans choices . Do analysis in head. Yes/No (call) bc (ans from ur head) d. There many distractors that tie to wrong ans so know ans in head then not distracted!!! e. Focus: jd, venue, pretrial procedures, Ms. Think of civ pro….like its ur real life. 1. Where to File? : PJ, SMJ, Venue 2. Applicable Substantive Law: Erie Doctrine (only for diversity & supp jx) 3. How to File?: 1) Service of Process or 2)Pleadings, 4. Obtain Info?: Disco, Depo PLEADINGS - 8a2 Formerly KISS , now SHOW ME THE MONEY! (Twiqbal)? Claim for relief. Any pleading that sets for a claim for relief must contain: 1. short and plain statement of grounds which cts jd depends unless ct already has jd and claim needs no new grounds of jd to support it 2. Short and plain statement claim showin pleader entitled to relief 3. A demand for judgment for the relief the pleader seeks. Relief in alt orseveral diff types may be demanded - 9b2 GIMME MORE pleading circumstances of fraud and mistake When alleging fraud or mistake a party must state w/ particularity circumstances constituting fraud or mistake. Malice, intent, knowledge and otha conditions of persons mind may be alleged generally. - 11b GODLERN RULE ( Rinvestigation, nonharrass, truthful, non-frivolity in papers presented to ct . When aty signs doc for ct certifyin wit best of knowled, info and belief formed after inquiry R under circumstances. Not for improper purpose, facts/denials have evi support, -12a GET ONE FOR THIS TIME TO SERVE A RESPONSIVE PLEADING BY D -12b Every defense to a claim for relief in any pleading must be asserted in the responsive pleading . But party must assert following defense by M: 1) lack of subj matter jd 2) Lack of personal jd 3)Improper venue 4)insufficient process 5)Insufficient service of process 6.)Failure to state a claim upon which claim can be granted 7. Failure to join a party under rule 19 - 12b6 SO WHAT ( failure state claim which relief can be granted ) ties to 8a2- 12e SAY WHAT? M for more definite statement Party can Move for this when cant make a responsive pelading bc other doc is so vauge or ambiguous that party cant R prepare a response. M must be made before filing a responsive pelading and msut point out the defects and details that are desired - 12f HOW DARE YOU! Regarding redundant, inmaterial, inpertinent, or scandalous matter M to strick . Ct may strike from a pleading or insufficient defense any of the above.
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- Spring '14
- Federal Rules of Civil Procedure, personal JD