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Civil Procedure: Pleading

Table of contents
Chapter One Rule 8. General Rules of Pleading
Chapter Two Rule 9. Pleading Special Matters
2.1 - Conley v. Gibson
2.2 - Questions
2.3 - Swierkiewicz v. Sorema N.A.
2.4 - Questions
2.5 - In-class exercise
Chapter Three Rule 10. Form of Pleadings
3.1 - Bell Atlantic Corp. v. Twombly
3.2 - Questions
3.3 - Ashcroft v. Iqbal
3.4 - Questions
3.5 - Kregler v. City of New York
3.6 - Questions
Chapter Four Complaint 1
Chapter Five Complaint 2
5.1 - Complaint for Damages
Civil Procedure: Pleading
1st Edition
Hillel Y. Levin
© 2018 CALI eLangdell Press, www.cali.org. Subject to an Attribution-NonCommercial-ShareAlike CC BY-NC-SA
Table Of Contents
  • Civil Procedure: Pleading The Plaintiff's Complaint
  • 1. Rule 8. General Rules of Pleading
  • 2. Rule 9. Pleading Special Matters
    • 2.1 - Conley v. Gibson
    • 2.2 - Questions
    • 2.3 - Swierkiewicz v. Sorema N.A.
    • 2.4 - Questions
    • 2.5 - In-class exercise
  • 3. Rule 10. Form of Pleadings
    • 3.1 - Bell Atlantic Corp. v. Twombly
    • 3.2 - Questions
    • 3.3 - Ashcroft v. Iqbal
    • 3.4 - Questions
    • 3.5 - Kregler v. City of New York
    • 3.6 - Questions
  • 4. Complaint 1
  • 5. Complaint 2
    • 5.1 - Complaint for Damages
Civil Procedure: Pleading The Plaintiff's Complaint

Hillel Y. Levin

 

 

 

 

 

CALI eLangdell® Press 2011

 

Preface

This chapter covers the Civil Procedure topic of Pleading: The Plaintiff’s Complaint. The chapter takes approximately four class periods to cover in detail. The student is exposed to cases, presented with questions that are designed to both guide class discussion and to help the student focus his reading of the materials, pleadings from cases, and the applicable Federal Rules of Civil Procedure.

Unit 1

Goals of the Section.

By the end of this section, you should: understand what a plaintiff must include in a complaint; understand how the relevant standards have changed over time; be able to articulate what interests are being balanced and vindicated by the Rules and the judicial opinions that interpret and apply them; be able to critique the doctrine; be able to apply the doctrine in run-of-the-mill cases as a lawyer would; have a better understanding of the job of the lawyer through your experience drafting and reviewing litigation documents.

A court case begins with the plaintiff filing a complaint and serving the defendant. The material in this section focuses on the law that governs the contents of the plaintiff’s complaint. (For the rules concerning service, see Rule 4.) This has been one of the most dynamic and controversial areas in all of civil procedure in recent years. Rule 8(a) of the Federal Rules of Civil Procedure provides that a plaintiff’s complaint must include the following:

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