Exam 4: Drafting the Complaint

Using the checklist and examples in the text, draft a complaint for Sean Coleman (Case III in Chapter 1) to be filed in your United States District Court District alleging diversity jurisdiction. Place copies of the federal (notice) complaint into your systems folder. Assume that Coleman resides in a state other than your home state.

Micky Speer has contracted with hall of fame trainer Eddie Fast to train Mr. Fix, a racehorse, for the Kentucky Derby. Fast resigns on April 6, a month before the race, in a dispute over fringe benefits. To force Fast to train his horse through the race of a lifetime, Speer sues for specific performance. What are the elements of a cause of action for specific performance? Prepare a complaint that Mr. Speer intends to file against Eddie Fast. (Be creative.)

A wherefore clause states the

Pleadings include

Fact (code) pleading

Injunctions are remedies to prevent future harm.

What are class actions and in what ways can they be beneficial?

Research the rules of civil procedure for your state for the recommended caption form. If the rules of your state do not have sample forms, go to a book on forms for civil action in your state. Place a copy of the state caption form with copies of the captions from the text at the beginning of the complaint section of your systems folder. Also list the applicable rules and forms. Note any state rules or policy regarding the redaction of privacy information.

What does it mean to say in a pleading, "Incorporate by reference paragraph 2 of Count One"?

Review the federal rule on class action lawsuits. Prepare a general outline of the required allegations for a class action suit.

A poorly drafted complaint can cause all of the following except

Why does venue not have to be alleged in complaints in federal court?

Following class discussion on drafting complaints, especially regarding state court rules, complete the state and systems folder reference blanks in the System Checklist for Drafting a Complaint, and place it in your systems folder.

A remedy requiring the defendant to fulfill the terms of a contract is

The interpleader rule allows

How are separate claims stated in a complaint?

The caption of a complaint states the cause of action.

Notice pleading is

What information must be presented to allege jurisdiction in a state court?

Pain and suffering and emotional distress are included in damages.