Civ Pro II - Motion 12(b)(6)

Failure to state a ‘claim’

Cognizable - Is the claim recognized by law?

A claim is cognizable and should not be dismissed for Failure to State a Claim, if recognized by law (a label attached to the Complaint, such as Negligence/TOC, would help). 

1. Fraud is cognizable 

Prima Facie Elements - the allegations of the claim must be complete and are not missing.

Complaint should not be dismissed for Failure to State Claim if Prima Facie Elements of otherwise Cognizable Claim are alleged. 

Plausible

claim is plausible, and complaint should not be dismissed for Failure to State Claim, if complaint pleads sufficient factual matter from which valid Claim Plausibly can be inferred. 

1. Sufficient factual matter = the subject of much debate and what is met by that. 

Where does Plausible fit? 

1. Conceivable: if you can imagine that there are facts to support your claim, it's okay. No facts are needed! (low standard) 

2. Plausible: there's enough of the story to say that something occurred [smell test] (medium standard) 

3. Probable: an agreement is more likely than not (highest standard) 

Prima Facie Elements Only For Defamation Cases 

Prima Facie Elements Only For Defamation Cases 

1. False Fact: "the director of the movie is a pedophile." 

2. Ridicule: if the statement about the plaintiff is not a compliment. 

3. Malice: you made an intentional statement on purpose. 

4. Publication: Communication of defamatory matter to a third party lacking the need to know. 

5. Not privilege: there's no privilege that protects what would otherwise be a defamatory statement. 

6. Damages: economic harm. 

   1. Must know all 6 for the exam. The plaintiff must allege that the defendant's statement accomplished all 6.