LAW 110 Chapter Notes - Chapter Notice Pleading Rule Explanation: Pleading
Document Summary
Under fr 8(a), a claim for relief must contain a short and plain statement of the grounds for the court"s jurisdiction and of the claim showing that the p is entitled to relief. Further, the claim must provide a demand for the relief sought. Further, iqbal broadened the plausible standard from just anti-trust complaints from twombly to all complaints. As a matter of efficiency and economy, the twombly and iqbal plausible standard for notice pleading allows for frivolous suits to be dismissed before the time consuming and expensive process of discovery occurs. However, in terms of fairness, this standard has the downside of dismissing cases where the p has a valid claim, but needs the process of discovery to get the information from the other side that shows a plausible claim. Also, since this standard is not clearly defined, there is a possibility of inconsistent outcomes regarding whether a claim is.
