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Questions and Answers
Which of the following is required to be included in a complaint according to FRCP 7(a)?
Which of the following is required to be included in a complaint according to FRCP 7(a)?
- A list of potential witnesses
- A statement of the plaintiff's personal beliefs
- The grounds for jurisdiction, claim for relief, and demand for relief (correct)
- The defendant's response
What is the purpose of FRCP 1?
What is the purpose of FRCP 1?
- To provide a fair and efficient process for resolving civil actions (correct)
- To limit the number of civil actions that can be filed
- To allow for the filing of criminal charges in civil court
- To ensure that all civil actions are heard by a jury
What is the TwIqbal standard?
What is the TwIqbal standard?
- A standard for measuring the plausibility of legal conclusions (correct)
- A guideline for the use of expert witnesses in civil actions
- A rule that allows for the dismissal of any complaint that contains typographical errors
- A requirement that all complaints include a specific number of pages
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Study Notes
- FRCP 7(a) lists the allowed pleadings in civil actions.
- A complaint must state the grounds for jurisdiction, claim for relief and demand for relief.
- FRCP 1 aims to ensure just, speedy and inexpensive determination of every action and proceeding.
- There is only one form of action - the civil action.
- The TwIqbal standard requires a complaint to state facts that suggest the plaintiff is entitled to relief.
- Legal conclusions must be supported by facts that make them plausible.
- Claims of fraud or mistake must plead the circumstances with particularity.
- Special damages must be alleged with particularity.
- Complaints must include a prayer for relief.
- The response to a complaint can be a default, pre-answer motions, or an answer.
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