Exam 6: Defending and Testing the Lawsuit: Motions, Answers, and Other Responsive Pleadings

What does an attorney's signature on a document mean?

In what way are a memorandum of law and an affidavit in support of a motion similar in purpose? In what ways are their purposes different?

You are directed to look over a complaint for negligence. The body of the complaint reads as follows: a. On March 22, _, Defendant owned and operated the Bay View Motel. b. On that date Plaintiff was descending a stairway at the motel, and as a result of Defendant's conduct, tripped and fell down the stairway. c. As a result of Defendant's conduct, Plaintiff suffered a broken wrist, a brain concussion, and numerous bruises over much of his body. d. Because of the above injuries, Plaintiff had extensive medical bills and lost six weeks of work, to the sum of $25,000. Using the method suggested in the Determining What to Attack section, determine if the body of this complaint is defective, and if so, why. Explain how the syllogism method of finding defects applies to this case. Be prepared to defend your conclusion.

An acceptable way to gain time to prepare the answer is to file a motion to dismiss.

What does it mean to preserve an issue for appeal?

What grounds to dismiss a complaint are covered in Federal Rule of Civil Procedure 12(b)?

What is the penalty for claiming insufficient information to form a belief in the answer simply to avoid the work of investigation?

Locate in your state rules the requirements, procedures, and time limits that apply to motions. Write a checklist for drafting, filing, and serving motions for both state and federal court, and place it in your systems folder. Verify the time limits pertaining to motions in the Pleadings, Motions, and Time Limits table at the end of the chapter. Add state deadlines.

The purposes of a motion include to

How can a pleading log be important?

Research on the Internet how to prepare the caption in a case where party A sues party B. Party B files a third-party action against party C. Use your jurisdiction as the place where the case is filed. Draft the caption.

A third-party defendant's responsibility for paying a judgment against the third-party complainant is

How may a plaintiff respond to affirmative defenses?

A U.S. district court's order to remand a case to state court can usually be appealed.

An answer may contain

A complaint can be dismissed for defective service.

Notice of removal should

A fact that defeats a plaintiff's claim, even though all allegations are true, is a(n)

Any type of case may be removed from state to federal court.

U.S. government agencies may not remove a case to federal court.