Federal Rule 8
A plaintiff files a federal complaint that only states: “The defendant breached the contract and owes me $100,000.” No facts about what contract, how it was breached, or when. The defendant moves to dismiss under FRCP 12(b)(6).
What is the rule requiring a short and plain statement of the claim showing entitlement to relief?
Rule 8(a)(2)
A complaint alleges: “The defendant committed fraud in our business transaction.” No time, place, or specific misrepresentation is alleged.
What is the rule that requires fraud and mistake to be pled with particularity?
Rule 9(b)
An attorney files a lawsuit against a corporation knowing there is no legal basis, just to harass. The defendant moves for sanctions, but the attorney argues that the complaint need not be “true.”
What is the rule requiring attorneys to certify pleadings are not for improper purpose, are warranted by law, and have evidentiary support?
Rule 11
A defendant files a motion claiming the court lacks subject-matter jurisdiction and improper venue. Later, after answering, the defendant tries to also raise lack of personal jurisdiction.
What is the rule requiring certain defenses (like personal jurisdiction, venue, service) to be raised in the first responsive pleading or be waived?
Rule 12 (b) and (h)
A plaintiff files a negligence suit. After the statute of limitations runs, she realizes she sued the wrong corporate entity. The correct entity had notice of the lawsuit and knew it was the intended defendant.
What is the rule that allows relation back of amendments when there is a mistake concerning the proper party’s identity?
15(c)
What what procedural stage is Rule 8(a) used?
When you file your complaint
A lawyer files a complaint with no captions, no numbered paragraphs, and combines allegations into a single unbroken page of text. The judge warns that it may be stricken.
What is the rule requiring captions, numbered paragraphs, and separate counts?
Rule 10
An attorney files a lawsuit alleging that the Earth is flat and NASA is conspiring to hide the truth. The lawsuit is dismissed. The defendant then moves for sanctions.
What is the best argument for sanctions?
The lawsuit lacked evidentiary support and was not warranted by existing law or a nonfrivolous argument for extending the law.
A defendant is served with a complaint. In its first Rule 12(b) motion, it moves to dismiss for improper venue. The court denies the motion. The defendant then files an answer raising lack of personal jurisdiction for the first time. The plaintiff moves to strike that defense.
How should the court rule?
Grant the motion, because the defense of lack of personal jurisdiction was waived by not including it in the first Rule 12(b) motion.
A plaintiff timely files a negligence suit against “ABC Trucking, Inc.” After the statute of limitations expires, the plaintiff learns that the correct defendant was “ABC Transport, LLC.” The correct entity had notice of the lawsuit within the service period and knew it was the intended defendant. The plaintiff moves to amend the complaint to substitute the correct defendant.
Is the amendment proper?
Yes, because the amendment relates back to the date of the original pleading when the correct party had notice and knew it was the intended defendant.
A plaintiff sues in federal court for breach of contract. The complaint alleges only: “The defendant broke our agreement and owes me damages.” No facts about what the contract was, when it was made, or how it was breached. The defendant moves to dismiss.
Is the court likely to grant the motion?
Yes, the complainant failed to show why they were entitled to relief
A plaintiff alleges: “The defendant committed fraud during our real estate negotiations.” The complaint includes no details of what was said, when, or how the fraud occurred. Defendant moves to dismiss.
How should the court rule?
Grant the motion, because fraud must be pled with particularity, including time, place, and content of the misrepresentation.
Is Federal Rule 11 offensive or defensive
defensive
What is Federal Rule 12(e)
Motion for a more definite statement
How many days do you have to ammend your complaint...
What is the exception
21 days,
You can amend the complaint if it relates back to the original complaint
Which of the following is NOT a requirement of Rule 8(a)?
A. A short and plain statement of the grounds for the court’s jurisdiction.
B. A short and plain statement of the claim showing entitlement to relief.
C. A demand for the relief sought.
D. A detailed recitation of all evidentiary facts supporting the claim.
D.
A plaintiff files a complaint that includes multiple causes of action, but the pleading has no numbered paragraphs, no separate counts, and lacks a proper caption. The defendant moves to strike the pleading.
Is the court likely to grant the motion?
Yes, because Rule 10 requires a caption and numbered paragraphs.
Which of the following statements is true under Rule 11?
A. An attorney’s signature certifies that the pleading is filed in good faith, warranted by existing law or a nonfrivolous argument for changing it, and supported by evidence or likely evidentiary support.
B. A pleading may be filed anonymously, without signature, if the attorney believes disclosure would cause embarrassment.
C. Rule 11 requires a full evidentiary record before any pleading may be filed.
D. A party may move for Rule 11 sanctions at any time without notice to the opposing party.
A.
Which of the following defenses is not waived if omitted from a Rule 12 motion or answer?
A. Lack of personal jurisdiction.
B. Improper venue.
C. Insufficient service of process.
D. Lack of subject-matter jurisdiction.
D.
Which of the following is correct under Rule 15?
A. A party may amend its pleading once as a matter of course within 21 days after serving it.
B. An amended pleading never relates back to the date of the original pleading.
C. Amendments to add a new party after the statute of limitations are always barred.
D. Supplemental pleadings are prohibited once trial has begun.
A.
A complaint in federal court states: “Defendant acted unlawfully and harmed me. I demand damages.” No further details are included. Under Rule 8 and the plausibility standard:
A. The complaint is sufficient because it gives the defendant notice.
B. The complaint is insufficient because it does not provide facts to make the claim plausible on its face.
C. The complaint is sufficient if filed in a diversity case.
D. The complaint is sufficient so long as damages exceed $75,000.
B.
Under Rule 9(b), which of the following allegations must be pled with particularity?
A. Negligence.
B. Breach of contract.
C. Fraud.
D. Defamation.
C.
Before filing a motion for sanctions under Rule 11, a party must:
A. File the motion with the court immediately after discovering misconduct.
B. Serve the motion on the opposing party and allow 21 days to withdraw or correct the challenged filing.
C. First obtain permission from the judge.
D. Demonstrate that the opposing party acted in bad faith.
B.
What does Rule 12(g) cover
Group all of your Rule 12 motions together
A plaintiff files a complaint and serves it on the defendant. Ten days later, the plaintiff realizes she forgot to include a key allegation. Under Rule 15, what may she do?
A. Nothing, she must seek the court’s permission.
B. Amend once as a matter of course, because it is within 21 days of serving the pleading.
C. Amend only with the defendant’s consent.
D. Wait until discovery closes to amend.
B.