Pleading and Joinder

 

What is a request contained in the complaint which asks for the relief to which the plaintiff thinks he is entitled?

• Allegation

• Prayer for Relief

• Information and Belief

• Variance

When may a case may be dismissed due to lack of subject matter jurisdiction?

• At filing

• At any stage of the proceedings

• At hearing

• On appeal

What is a claim arising from the same transaction or occurrence as a plaintiff's claim and must be pleaded as a counterclaim or be barred.

• Compulsory Counterclaim

• Permissive Counterclaim

• Cross-Complaint Counterclaim

• General Counterclaim

A type of pleading form for federal courts, which requires a short and plain statement of the claim showing the pleader is entitled to relief?

• Fact Pleading

• Notice Pleading

• Code Pleading

• Allegation Pleading

Whether a legal argument is _______ will be determined by an objective standard, but the extent of the litigant's research and support found for the proposed change in the law is considered.

Federal Courts have original jurisdiction over...

• Over a Defendant in any 50 states

• Federal Question claims and cases arising under Diversity Jurisdiction

• State subject matter cases

• Constitutional Issues Only

The 3 Major Components of FRCP 11 are

• Signature Requirement

• Sanctions for Noncompliance

• Reasonable Inquiry

• Representations to the Court

FRCP 8(a) Pleading - Complaint

A pleading for relief must contain:

• 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 pleader is entitled to relief

• A short and plain statement of the grounds for the court's personal jurisdiction, unless the court already has jurisdiction and needs no new jurisdictional support

• A short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and needs no new jurisdictional support

A complaint may state as many alternative claims as the plaintiff has, so long as those claims are consistent.

• TRUE

• FALSE

• IT DEPENDS

Answer explanation

A complaint may state as many alternative claims as the plaintiff has, even if those claims are inconsistent. Likewise, the demand for relief may include relief in the alternative or different types of relief.

Motion 12(b)(6) "________________" can be used to dismiss FRCP 8(a)(2) "A short and plain statement of the claim showing that the pleader is entitled to relief"