Class 2 Notes

The Art and Science of Pleading

Notice Pleading:
1. Complaints
Guided by RCP - Include:
A. Set of facts which
B. Invoke some body of law
C. Entitling P to relief

2. Once Drafted
Filed with court
Docket Number
Serve

Pleading and Motions

Defendant responds to the complaint:
1. Rule 12 Defendant cam
A. Answer
B. Assert preliminary objections in a motion - Rule 12(b)

Defendant Must Respond:
A. Within 21 days after being served
B. Within 60 days if returned waiver (Rule 4(d)) of service
C. Within 90 days if D outside of JD of US

Challenging Pleadings

Haddle V. Garrison

Where are the Jurisdictional allegations?

Where can you find the prayer?

What's in between? Short and plain statement of the facts for articulation by counsel

What kind of legal claim is Haddle's Story? A civil rights violation

How does the Lawyer create a Civil Rights Story from Haddle being fired to get it into Federal Court? The language used in the complaint was taken out of the constitution "Retaliating and Intimidating" "Terminating due to the fact that he was a Federal Witness" Paragraph 18, 16 

Claim: Injured in Property

Defense: At-Will employee  -  

D Files Rule 12(b) 6 Motion

2 ways to file this motion

A. Insufficient facts - poor pleading

B. Claim not cognizable - doesn't exist

If the claim is not cognizable - Cannot refile.

If 12(b) 6 challenge is a factual dispute: If facts are introduced that are not part of the pleading the court may convert this into summary judgement un Rule 12(d)

Recourse for Plaintiff:

1. Appeal

2. Re-plead

Court was bound by precedant and could not solve case any other way

Court of appeals dispose the case summarily based on precedant

After losing appeal plaintiff filed a writ of Certiorari

Plaintiff is motivated and there is a possibility that being that there was a circuit split there maybe hope of the USSC taking the case.

Supreme Court:

Defendants arguement to the Supreme Court?

Supreme Court refocuses the inquiry. The Statute does not require

The Court awards him 50K based on compensatory damages.

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Whats a....

Pleading? /  Motion?

Rule 7(a)    Rule 7(b)

ADD CHART

See PP on TWEN