The complaint is the initial pleading in a civil action where the plaintiff alleges a cause of action and asks that the court remedy the wrong done to the plaintiff
cause of action: facts sufficient to support a valid lawsuit
The answer is a pleading in response to the complaint
affirmative defense: the part of the defendants answer to a complaint that goes beyond denying the facts and arguments of the complaint (burden of proof is on defendant)
counterclaim: a claim made by a defendant in a civil lawsuit that “sues” the plaintiff. it can be based on entirely different things from the plaintiff’s complaint (a permissive counterclaim)
pleadings must conform to applicable court rules and statutes
pleading forms may be used to draft a pleading but must be tailored to the particular situation that you’re dealing with
you could also consult form and formbooks
Generally, the complaint contains: a caption, claims, prayer for relief, and signature block
Generally, the answer contains: a caption, defenses, affirmative defenses and counterclaims, and a certificate of service.
Evidentiary facts are facts admissible in evidence
Ultimate facts are the facts in a case upon which liability is determined or based
A legal conclusion is a statement of the results in a situation that involves applying the law to a set of facts.
When drafting a complaint, do:
Separate evidentiary facts, ultimate facts, and conclusions of law
defendant will be more likely to admit to allegations
Write in plain English.
Place only one or two sentences in each numbered paragraph
could deny whole paragraph if one statement is wrong
Do not include more evidentiary facts than necessary
Use descriptive words in allegations favorable to the plaintiff, use abstract words for allegations adverse to the plaintiff
use objective language
state facts precisely
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