176264
Description
Flashcards by alicialee07, updated more than 1 year ago
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Created by alicialee07
almost 11 years ago
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| Question | Answer |
| What is the rule of law in Twombly? | “We do not require heightened fact pleading of specifics, but only enough facts to state a claim of relief that is plausible on its face.” |
| What is the holding/rule of law in Ashcroft v Iqbal? | To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepting as true to state a claim to relief that is plausible on its face. (applied Twombly) |
| What is the fact scenario of Ashcroft v Iqbal? | Iqbal claims that in the wake of Sept. 2011, he was arrested in the U.S. on criminal charges and detained by federal officers. |
| Why did the claim for fraud not satisfy the Rule 9(b)(2) in Stradford v Zurich Insurance Co? | the counterclaims did not satisfy the first sentence of Rule 9(b), which requires the time, place and nature of the alleged misrepresentations” to be disclosed to the party accused of fraud. |
| How does the court approach Jones v Bock when they rule didn't specify a certain requirement? | Most courts view failure to exhaust to be an affirmative decision. Since the PLRA is silent on the issue. The usual practice should be followed. |
| What does Rule 11 impose an obligation to do in Bridge v Diesel Serves? | Rule 11 imposes an obligation on counsel and client to ‘stop, think, investigate and research’ before filing papers either to initiate the suit or to conduct litigation |
| What was the reasoning in Walker v Norwest Corp in why rule 11 sanctions were appropriate for the plaintiff's claim of diversity jurisdiction? | It was the Walker’s burden to plead the citizenship of the parties in trying to invoke diversity jurisdiction. It is a burden that must be taken. |
| According to Christian v Mattel True or False: Rule 11 sanctions are limited to “paper(s)” signed in violation of the rule. | Yes |
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