drafting a complaint
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Drafting a Complaint - Civil Procedure - Lecture Slides, Slides of Civil procedure
This lecture is from Civil Procedure. Major Points are General Rules of Pleading, Federal Subject Matter Jurisdiction, General Rules of Pleading, Diversity and Alienage Jurisdiction. Key important points are: Drafting a Complaint, General Rules of Pleading, Claim for Relief, Short and Plain, Jurisdiction, Plain Statement, Claim Showing, Alternative or Different Types, Stating a Claim, Suffered Damages
Typology: Slides
2012/2013
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drafting a complaint
- 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.
D had a duty of a care for P
D breached the duty of care (was
negligent)
P suffered damages
D’s negligence was proximate cause
of P’s damages
P was not contributorily negligent?
burden of allegation
burden of proof
standard of proof
history of pleading
1) common law pleading
2) reform through Field Code
- called “fact” or “code” pleading
Need to distinguish three things that can be wrong with a complaint:
- level of specificity in factual allegations
- Fed. R. Civ. P. 8(a)
- legal sufficiency of factual allegations
- Fed. R. Civ. P. 12(b)(6)
- evidentiary support for factual allegations
- Fed. R. Civ. P. 11, 56 Docsity.com
On Tuesday, August 28, 2012 at 11: a.m. Defendant Benjamin Abel ran up from his seat to the front of Plaintiff Michael Green’s civil procedure class at William & Mary Law School in Williamsburg, Virginia, and began intentionally pummeling Michael Green about the face and head with Defendant’s civil procedure casebook, causing Plaintiff substantial physical injury. Docsity.com
On Tuesday, August 24, 2010 at 11: a.m., Defendant Benjamin Abel intentionally failed to praise Plaintiff Michael Green for Plaintiff’s exemplary lecture on civil procedure, in circumstances in which praise would have been reasonable, thereby causing Plaintiff substantial psychological distress.