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Conley v. Gibson, 355 U.S. 41 (1957), was a case decided by the Supreme Court of the United States that provided a basis for a broad reading of the "short and plain statement" requirement for pleading under Rule 8 of the Federal Rules of Civil Procedure. [1]
Rule 8(b) states that the defendant's answer must admit or deny every element of the plaintiff's claim. Rule 8(c) requires that the defendant's answer must state any affirmative defenses. Rule 8(d) maintains that each allegation be "simple, concise, and direct" but allows "2 or more statements of a claim or defense alternatively or hypothetically."
The Case Against 8 is an American documentary film, which premiered at the 2014 Sundance Film Festival on January 18, 2014. Directed and produced by Ben Cotner and Ryan White, the film documents the legal battle to overturn California's Proposition 8, [1] focusing in particular on behind-the-scenes footage of David Boies and Theodore Olson during the Perry v.
As of 2017, it had been cited over 85,000 times, mostly in lower courts. It has likely made it harder for civil rights cases to proceed through the federal judiciary. [16] Writing in 2017, Stanford Law professor Shirin Sinnar [Wikidata] argued that the case mostly ignored the real center of the case: Iqbal himself. Sinnar noted that the court ...
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
Because the need for minimum contacts is a matter of personal jurisdiction (the power of the court to hear the claim with respect to a particular party) instead of subject matter jurisdiction (the power of the court to hear this kind of claim at all), a party can explicitly or implicitly waive their right to object to the court hearing the case.
Federal Reporter, Third Series. The Federal Reporter (ISSN 1048-3888) is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. [1] It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, Federal Cases.