Shared Flashcard Set

Details

Cases Civ Pro
Cases
17
Law
Post-Graduate
12/03/2013

Additional Law Flashcards

 


 

Cards

Term
Rule 8- General Rules of Pleading
Definition
  • Twombly 
  • Iqbal- Terrorist, must present sufficient facts 
  • Haddle- at will employee, failed to state a claim
Term
Rule 8(c)- Affirmative defenses
Definition
  • Jones- Prisoner, do not have to 
Term
Rule 8(b)- short and plain statment
Definition
  • Zienlinski- Piers general denial not allowed to change
Term
Rule 12(b)(6)- Failure to state a claim
Definition
  • Haddle- Failed to state a claim, 
  • Stradford- Dentest, need to disclose details
Term
Rule 11- Ethical Obligations
Definition
  • Walker- Frivious claim knowing no diversity jurisdiction
  • Mattle-Barbie it was copyrighted
Term
Rule (9)(b)- Fraud
Definition
  • Stradford- Dentist, need to disclose details
Term
Rule 15- Amendments
Definition
  • Aquaslie- slide injury wasnt their slide 
  • Moore- Back surgery not same transaction or occurrence 
  • Bonerb- Basketball rehab, same facts
Term
Rule 13- Counterclaim and Crossclaim
Definition
  • Plant- Payments, debt, counterclaim 
Term
Rule 20- Permissive joinder of parties
Definition
  • Gm Corp- 10 P they were allowed to join
Term
Rule 14- Third-Party Practice
Definition
  • Price- Chicken house, Properly impleaded
Term
Rule 19- Required Joinder of Parties
Definition
  • Temple- Screw in back, tortfeasers are not required
Term
Rule 23- Class Action
Definition
  • Walmart- No class, individual claims
Term
Rule 26(c)- Protective Orders
Definition
  • Hickman- Tug boat, lawyer asked lawyer for stuff out of scope 
  • Kmart- Sexual harrasment, could have the stuff then had to do with sexual harrasment
Term
Rule 56- Summary Judgment
Definition
  • Celotex- Asbestos prodused evidence to show she had a case
  • Bias- Cokehead basketball player, no genuin issue
Term
Rule 50- Matter of Law
Definition
  • Pa Railroad- Dude died in accident,witness said there was no crash 
Term
Rule 59- New Trial
Definition
  • Lind- Liquor company, new trial
Term
Rule 26(b)(1)- Discovery Scope and Limits
Definition
  • Davis- Discrimiation, stuff from other employees is okay 
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