Civil Procedure II Final Outline

Civil Procedure II Final Outline - Civil Procedure II I....

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Civil Procedure II I. Intro to FRCP Rule 1 Scope and Purpose Construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding Rule 2 One Form of Action Law and equity merges into one form of action a civil action Rule 3 A civil action is commenced by filing a complaint w/the court. II. Initiation of Suit by A. Pleadings Rule 7a) Pleadings Complaint; 3 rd Party Complaint Rule 8 Notice/Code Pleading a) S/P statement of 1) jx 2) the claim upon which relief can be granted construed liberally in s favor shift away from technical requirements of fact pleading (CA requires this) b/c of liberal opportunity for discovery; Conley says only need S/P statement to give notice only dismiss if it appears beyond doubt that can prove no facts in support of claim ( identify baseless claims ). notice of events that give rise to the claim; general nature of s legal right (COA) not a prima facie case; narrow issues Eg. The hit me while driving down Main Street on 06/1/2002; as a result I suffered physical injuries. Seeking $100k in damages. Whats missing? Legal right (COA) to claim. If add negligently hit me that covers it. 3) relief sought Modern Pleading: Twombly - Anti-trust must plead enough facts to state a claim to relief that is plausible on its face. requires a little bit more than S/P statement *Controversial case, as it seems to reverse Conley Rule 9 Pleading Fraud (securities) or Mistake w/Particularity (b) State circumstances constituting fraud or mistake with particularity State of mind may be alleged generally, facts should give rise to strong inference that acted w/requisite state of mind. pleading evidentiary matter is not what is required here just enough specificity so that can prepare adequate answer. cant use discovery to see if you have a claim strong inference means RP would deem the inference of mental state at least as compelling as opposing inference. *dissent says must be more plausible, not equal to opposing inference. (g) special damages traditional elements of causation and loss; economic loss = proximate cause B. Pre-Answer Motions Ask about the difference between reply/responsive pleadings/answers Rule 7 b) Motions Written, unless raised at hearing or trial Particular statement of reasons for order State relief sought Rule 12 Can include w/answers in 8b, 8c, 7a a) Unless otherwise specified w/in 20 days after being served w/complaint if service waived, 60 days; or served abroad, 90 days...
View Full Document

Page1 / 32

Civil Procedure II Final Outline - Civil Procedure II I....

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online