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Tues., Aug. 27

Tues., Aug. 27. starting a lawsuit. drafting a complaint.

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Tues., Aug. 27

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  1. Tues., Aug. 27

  2. starting a lawsuit

  3. drafting a complaint

  4. - 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.

  5. what purpose does service of a complaint on the defendant serve?

  6. what role might the complaint play in:discovery?trial?

  7. how can a plaintiff get an action dismissed just on the basis of what is in the complaint?

  8. what purpose does the answer to a complaint serve?

  9. is there a way the plaintiff could prevail simply on the basis of a complaint and answer?

  10. what is a frivolous action?

  11. does 8(a) help prevent frivolous actions?

  12. Rule 11discovery – summary judgment

  13. can detail in a complaint be used to weed out frivolous actions?

  14. history of pleading

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

  16. modern approach:notice pleading

  17. can you be conclusory in your pleading under 8(a)?

  18. COMPLAINT FOR NEGLIGENCE 1. <Statement of Jurisdiction. See Form 7.> 2. On <Date>, at <Place>, the defendant negligently drove a motor vehicle against the plaintiff. 3. As a result, the plaintiff was physically injured, lost wages or income, suffered physical and mental pain, and incurred medical expenses of $ <_____> . Therefore, the plaintiff demands judgment against the defendant for $ <_____> , plus costs.

  19. Three things that can be wrong with a complaint:1) legal sufficiency of factual allegations FRCP 12(b)(6)2) level of specificity in factual allegations FRCP 8(a)3) evidentiary support for factual allegations FRCP 11, 56

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