Tues. Aug. 28

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Tues. Aug. 28
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drafting a complaint
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- 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 courts
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.
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stating a claim
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D had a duty of a care for PD breached the duty
of care (was negligent)P suffered damages Ds
negligence was proximate cause of Ps damagesP
was not contributorily negligent?
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burden of allegationburden of proofstandard of
proof
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motion to dismiss for failure to state a
claim(a.k.a. demurrer)
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history of pleading
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1) common law pleading2) reform through Field
Code - called fact or code pleading
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modern approachnotice pleading
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Need to distinguish three things that can be
wrong with a complaint1) level of specificity
in factual allegations Fed. R. Civ. P. 8(a)2)
legal sufficiency of factual allegations - Fed.
R. Civ. P. 12(b)(6)3) evidentiary support for
factual allegations - Fed. R. Civ. P. 11, 56
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On Tuesday, August 28, 2012 at 1112 a.m.
Defendant Benjamin Abel ran up from his seat to
the front of Plaintiff Michael Greens civil
procedure class at William Mary Law School in
Williamsburg, Virginia, and began intentionally
pummeling Michael Green about the face and head
with Defendants civil procedure casebook,
causing Plaintiff substantial physical injury.
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Defendant Benjamin Abel intentionally engaged in
contact with person of Plaintiff Michael Green
that was harmful or offensive, causing damages.
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On Tuesday, August 24, 2010 at 1112 a.m.,
Defendant Benjamin Abel intentionally failed to
praise Plaintiff Michael Green for Plaintiffs
exemplary lecture on civil procedure, in
circumstances in which praise would have been
reasonable, thereby causing Plaintiff substantial
psychological distress.