The Plausible Pleading Standard from Twombly is confirmed in what case?
Conolly v. Gibson
Which one of these is NOT required in a claim for relief?
A demand for relief sought, which may include relief in the alternative or different types of relief.
A short and plain statement of the claim showing that the pleader is entitled to relief.
Facts: time, place , why, circumstances.
FRCP (9)(g) states that special damages must be specifically stated. Which of the following is included in special damages?
Those damages that would be normally anticipated from a particular event.
Those damages that would not normally be anticipated from a certain event.
Both A & C.
A defendant must serve an answer within 14 days after being served with the summons and complaint.
Rule 12(g) does not require a party to file a pre-answer motion. However, if a party chooses to file a pre-answer motion, it must consolidate all available defenses in the motion.
The Rule 12(b)(2)-(5) defenses are:
lack of Personal Jurisdiction
Failure to state a claim on which relief can be granted
Insufficient Service of Process
Rule 12(h)(3) permits a court to dismiss an action at any time that the court determines that it lacks subject matter jurisdiction.
Rule 11 (Care and Candor) requires a pleader to certify, whether by signing, filing, submitting or arguing a motion or pleading, that the pleader has made a reasonable inquiry that the pleading's:
Subjective determination of whether Defendant's actions were reasonable.
Claims, defenses, and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying or reversing existing law.
Is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.
The denials of factual contentions are warranted on the evidence, or if specifically so identified, are reasonably based on belief or lack of information
Factual contentions have evidentiary support, or if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation.
Motions for sanctions must be made under Rule 7.
Same Transaction or Occurrence Test.
Same Nucleus of Operative Fact.