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Pleading (Chapter 6) (Cases: (Ashcroft v. Iqbal (2009) (Detained as a…
Pleading (Chapter 6)
Cases:
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Ashcroft v. Iqbal (2009)
Detained as a "high interest" after terrorist attack on 9/11. Kept in a maximum security. Claims against the federal officials for knowing and condoning discrimination based on his race, religion, or national origin.
Twombly 2 part test for Rule 8: (1) Court must accept as true all of the allegations contained in the complaint is inapplicable to legal conclusions [Consider the sufficiency of a complaint] (2) Only a complaint that states a plausible claim for relief survives a motion to dismiss [not a possibility but a plausibility]
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Jones v. Block
Prisoners must exhaust all internal grievance procedures at the prison. Is this something the plaintiff must plead or a defense by the defendant? The defendant bears the burden of proof as an affirmative defense.
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FRCP 11(b) can be sanctioned in the very case you have wronged: an attorney certifies that to the best of the person's knowledge, information, and belief formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation
(2) the claims, defense and other legal contention are warranted by existing law or by a non-frivolous argument for extending, modifying or reversing existing law or for establishing new law
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information
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Rule 7(a) defines pleading to include the complaint, the answer and some other initial papers in a lawsuit. (tells the initial stories)
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Notice Pleading: Rule 8: "a short and plain statement of the claim showing that the pleader is entitled to relief"
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- The first pleading is the complaint: explain the grievance and asks the court to grant a remedy.
- Plaintiff's Story, defendant's story: defendant's story is in form of an answer
Rule 12(b) lists a series of such defenses and allows a defendant to assert each as a motion.
- One function of pleading: establishing the law.
FRCP 9(b)- In alleging fraud or mistake, a party must.... :red_cross:
Transubstantive procedure- our federal rules apply to every area of law but some states are not organized this way.
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Answers must include any avoidance or affirmative defense; counterclaims go at the end of the answer.