Exam 4: Drafting the Complaint

The abbreviation et al. may not be used in the complaint caption.

Notice pleading does not require attention to the elements of law.

Ms. Schnabel is a real party in interest in the Forrester case.

Why is jurisdiction important to the drafter of a complaint?

Rescission includes an action seeking

While attending a football game, Harry Crane was filmed by the network television cameras sleeping during the game. This broadcast was watched by millions of people as it was one of the play-off games. During the broadcast, the commentators focused on Harry and said that he was a slovenly character who was in a stupor during the one biggest games of the year. The commentators continued to broadcast that Harry was so bored that he had nothing better to do than sleep through the game. They said that he looked like he had "way too much beer and pizza" based on appearance. Harry is furious and says his reputation has been ruined. He was tired from some medication he was taking and did not appreciate the national attention he received. He wants to sue the National Football League for defamation, intentional infliction of emotional distress, damages, and exemplary damages for the intentional acts of the League's announcers. Research the elements of the causes of action that Harry wants to advance and determine whether Harry has a legitimate claim against the NFL. Prepare a memorandum with your findings to your supervising attorney. (Based on Rector v. MLB, ESPN New York.)

What is the difference between fact pleading and notice pleading? What federal and state rules set out guidelines for pleading?

What are the minimum requirements in order for a person to be eligible to sue or be sued? What happens when a person has grounds for a lawsuit but does not have the legal capacity to sue?

Demand for a jury trial is assumed unless otherwise stated in the complaint.

Statement of parties' domiciles is necessary in alleging

What must a paralegal keep in mind regarding a demand for a jury trial? What federal rule applies?

What do pleadings have to do with our right to due process?

Relief in a wrongful death action may include parental damages.

A syllogism is

It is not proper to use persuasive language in a formal pleading.

Jurisdictional allegations

For your systems folder, research the elements of the following causes of action for reference in preparing complaints for your supervising attorney:

Explain the difference between real party in interest and standing to sue.

How are separate claims stated in a complaint?

Check the pleading rules of your own state. Gather examples of local complaints by researching recent editions of legal forms and pleading books, or obtain them from your instructor. Try to locate a full range of examples of complaints that include pleading in the alternative, pleading in the hypothetical, joined parties, and joined claims and counts. Place them in your systems folder. Add references to the page numbers in this text where samples of specific types of complaints can be located. Add references to or copies of injunction and restraining order forms.