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Pleading (United States)
Pleading in United States Federal courts is governed by the Federal Rules of Civil Procedure. According to Rule 7, only these pleadings are allowed: * A complaint; * An answer to a complaint; * An answer to a counterclaim designated as a counterclaim; * An answer to a crossclaim; * A third-party complaint; * An answer to a third-party complaint; and * If the court orders one, a reply to an answer. Any other document that requests a court order is referred to as a motion. Notice pleading Notice pleading is the dominant form of pleading used in the United States today. In 1938, the Federal Rules of Civil Procedure were adopted. One goal of these rules was to relax the strict rules of code pleading. The focus of the cause of action was shifted to discovery (another goal of the FRCP). Under the Federal Rules, a plaintiff's complaint merely needs to contain a short and plain statement of their cause of action. All additional information in regards to the cause of action are handle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts, although 35 of the 50 states have adopted rules that are based on the FRCP. History The Rules, established in 1938, replaced the earlier procedures und ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1938 In Law
Events January * January 1 ** The new constitution of Estonia enters into force, which many consider to be the ending of the Era of Silence and the authoritarian regime. ** State-owned railway networks are created by merger, in France ( SNCF) and the Netherlands (Nederlandse Spoorwegen – NS). * January 20 – King Farouk of Egypt marries Safinaz Zulficar, who becomes Queen Farida, in Cairo. * January 27 – The Honeymoon Bridge at Niagara Falls, New York, collapses as a result of an ice jam. February * February 4 ** Adolf Hitler abolishes the War Ministry and creates the Oberkommando der Wehrmacht (High Command of the Armed Forces), giving him direct control of the German military. In addition, he dismisses political and military leaders considered unsympathetic to his philosophy or policies. General Werner von Fritsch is forced to resign as Commander of Chief of the German Army following accusations of homosexuality, and replaced by General Walthe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Twiqbal
Twiqbal is a colloquial term in American law (civil procedure), referring to two separate US Supreme Court cases that together made it more difficult to sue in federal court, by requiring that plaintiffs demonstrate that their claims are "plausible", rather than simply describing the case in sufficient detail to put the defendant on notice. The two cases are ''Bell Atlantic Corp. v. Twombly'', 550 U.S. 544 (2007) and ''Ashcroft v. Iqbal'', 556 U.S. 662 (2009), and "Twiqbal" is a portmanteau of Twombly and Iqbal. Because the two cases together have wrought a significant change in American civil procedure, the cases together, and the principle for which the cases stand, have both become commonly referred to as ''Twiqbal''. ''Iqbal'' expansion of ''Twombly'' The Supreme Court's 2009 ''Iqbal'' case elaborated the heightened standard of pleading it established two years previously in ''Twombly'', and established that it was generally applicable in all federal civil litigation and not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conley V
Conley (from ''O′Conghaile'', Ó Conghalaigh) is a surname of Irish origin. It is a variant spelling of Connelly and Connolly. It is listed in the census of 1659 as coming from the city of Dublin. O'Connolly was a principal name of Monaghan. People with the surname Arts and letters * Darby Conley (born 1970), American cartoonist * Philip Mallory Conley (1887–1979), American historian * Robert Conley (reporter) (1928–2013), American reporter * Robert J. Conley (1940–2014), Cherokee author * Tom Conley (philologist) (born 1943), American philologist * Willy Conley (born 1958), American photographer Business * Chip Conley (born 1960), American hotelier * Kerry Conley (1866–1924), American businessman and politician * Lyda Conley (1874–1946), American lawyer * Rosemary Conley (born 1946), English businesswoman, author and broadcaster * William Henry Conley (1840–1897), American industrialist and philanthropist Entertainment * Arthur Conley (1946–2003), Amer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule 8(a)(2)
Rule or ruling may refer to: Education * Royal University of Law and Economics (RULE), a university in Cambodia Human activity * The exercise of political or personal control by someone with authority or power * Business rule, a rule pertaining to the structure or behavior internal to a business * School rule, a rule that is part of school discipline * Sport rule, a rule that defines how a sport is played * Game rule, a rule that defines how a game is played * Moral, a rule or element of a moral code for guiding choices in human behavior * Norm (philosophy), a kind of sentence or a reason to act, feel or believe * Rule of thumb, a principle with broad application that is not intended to be strictly accurate or reliable for every situation * Unspoken rule, an assumed rule of human behavior that is not voiced or written down * Slide rule, a mechanical analog computer Science * Rule of inference or transformation rule, a term in logic for a function which takes premises and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Wall Street Journal
''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published six days a week by Dow Jones & Company, a division of News Corp. The newspaper is published in the broadsheet format and online. The ''Journal'' has been printed continuously since its inception on July 8, 1889, by Charles Dow, Edward Jones, and Charles Bergstresser. The ''Journal'' is regarded as a newspaper of record, particularly in terms of business and financial news. The newspaper has won 38 Pulitzer Prizes, the most recent in 2019. ''The Wall Street Journal'' is one of the largest newspapers in the United States by circulation, with a circulation of about 2.834million copies (including nearly 1,829,000 digital sales) compared with ''USA Today''s 1.7million. The ''Journal'' publishes the luxury news and lifestyle magazine ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ashcroft V
Ashcroft may refer to: Places * Ashcroft, British Columbia, a village in Canada **Ashcroft House in Bagpath, Gloucestershire, England—eponym of the Canadian village * Ashcroft, New South Wales, a suburb of Sydney, Australia * Ashcroft, Colorado, a former U.S. mining town, south of Aspen * Ashcroft (Geneva, New York), a historic house * Ashcroft Technology Academy, a secondary school in London, UK People * Catherine Ashcroft, English musician (Irish Folk) * Charlie Ashcroft, English footballer * Chloe Ashcroft, British television presenter * Christina Ashcroft (born 1964), Canadian sport shooter * Dolores Ashcroft-Nowicki, British occultist * Edgar Arthur Ashcroft (1864–1938), invented zinc extraction process in Australia * Ernest Ashcroft (b. 1925), English professional rugby league footballer * Lee Ashcroft, English footballer * Jay Ashcroft, American politician * Jimmy Ashcroft, English footballer * John Ashcroft, the 79th Attorney General of the United States under Georg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bell Atlantic Corp
A bell is a struck idiophone, directly struck idiophone percussion instrument. Most bells have the shape of a hollow cup that when struck vibrates in a single strong strike tone, with its sides forming an efficient resonator. The strike may be made by an internal "clapper" or "uvula", an external hammer, or—in small bells—by a small loose sphere enclosed within the body of the bell (jingle bell). Bells are usually cast from bell metal (a type of bronze) for its resonant properties, but can also be made from other hard materials. This depends on the function. Some small bells such as ornamental bells or cowbells can be made from cast or pressed metal, glass or ceramic, but large bells such as a church, clock and tower bells are normally cast from bell metal. Bells intended to be heard over a wide area can range from a single bell hung in a turret or bell-gable, to a musical ensemble such as an English ring of bells, a carillon or a Russian Russian Orthodox bell ringing, zvon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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