Midterm review

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Unformatted text preview: Civil Procedure I Midterm Review Rules 4, 8, 9, 11, 12, 15 , & 65 Professor Brian Clarke Fall 2012 Rule 11 Rule 8 (Rule 8(a) Complaints) Rule 9(b) Rule 4 Rule 65 Rule 12 Rule 8 (Rule 8(b) & (c) Answers) RULES ON MIDTERM (in Order of Coverage) : Stage 1 : PLEADING Stage 2 : DISCOVERY Stage 3 : DISPOSITIVE MOTIONS Stage 4 : TRIAL Stage 5 : APPEAL Lifecycle of a Lawsuit Pleading Rule 4 Rule 8 Rule 9 Rule 11 Rule 12 Rule 15 Rule 13 Rule 14 Rule 18 Rule 19 Lifecycle of a Lawsuit Discovery Rule 26 Rule 30 Rule 33 Rule 34 Rule 35 Rule 36 Rule 37 Rule 45 Dispositive Motions Rule 55 Rule 56 Rule 11 Trial and Post-Trial Rule 50 Rule 59 Rule 60 Rule 11 Rule 45 Highlights . . . Rule 11(a) . . . Every pleading, written motion, and other paper must be signed by at least one attorney of record Rule 11(b) . . . By submitting a written document to the court, counsel is certifying that (1) Document is not for any improper purpose; (2) The claims, defenses, and other legal contentions are warranted by existing law etc. (3) The factual contentions have evidentiary support; and (4) The denials of factual contentions are warranted on the evidence Rule 11 Signing Pleadings . . . Representations to the Court Rule 11 Mantra S top Before you file a document with the Court T hink Why am I filing this? What purpose does it serve? Is that purpose legitimate? I nvestigate Highlights . . . Rule 8(a) . . . Complaint MUST contain 3 things . . . Rule 8(a)(1) : a short and plain statement of the grounds for the courts jurisdiction . . . ; Rule 8(a)(2) : a short and plain statement of the claim showing that the pleader is entitled to relief ; and Rule 8(a)(3) : a demand for the relief sought Rule 8 General Rules of Pleading COMPLAINTS Under Rule 8(a)(2) , short and plain statement of the claim now means . . . Plaintiff must plead enough FACTS to state a claim that is PLAUSIBLE on its face . This is, of course, Twiqbal CRITICAL QUESTION : Based on the facts pled in the complaint (which we must accept as true), is the CLAIM plausible? Remember . . . The CLAIM must be PLAUSIBLE . . . Rule 8 General Rules of Pleading COMPLAINTS What does PLAUSIBILITY mean? Plausible > possible or conceivable Plausible < probable Plausible = a right to relief above the speculative level Plausible = a reasonable expectation that discovery will reveal evidence Plausible = more than an unadorned, the-defendant-unlawfully- harmed-me accusations Plausible > naked assertions or formulaic recitation of elements (without more) Plausible = reasonable inference that the defendant is liable for the misconduct alleged Rule 8 General Rules of Pleading COMPLAINTS How do you evaluate a Complaint based on the Plausibility Standard?...
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