Revise a Complaint or Answer - Next Generation Bar Exam
- Under FRCP 8(b)(4), what must a defendant do when only part of an allegation is true?
- Admit the part that is true and deny the rest. General denials of partly true allegations are improper.
- A draft answer responds to a paragraph alleging a contract date and price by stating 'Denied,' though the date is correct and the price is wrong. What revision is needed?
- Admit the date and deny the price. FRCP 8(b)(4) requires admitting the true part of an allegation.
- A draft fraud complaint alleges only that 'the defendant made false statements to induce the contract.' What revision is needed?
- Add the who, what, when, where, and how of the false statements. FRCP 9(b) requires particularity in pleading fraud.
- Under FRCP 8(b)(5), how may a defendant respond to an allegation it lacks knowledge to admit or deny?
- State that it lacks knowledge or information sufficient to form a belief about its truth. That statement has the effect of a denial.
- Under FRCP 8(b)(6), what is the effect of failing to deny an allegation in an answer?
- The allegation is admitted, unless it relates to the amount of damages. Allegations requiring no response are considered denied.
- A draft answer omits the statute of limitations, which appears to bar the claim. What revision is needed?
- Add the statute of limitations as an affirmative defense. FRCP 8(c) requires affirmative defenses to be pleaded.
- Under FRCP 13(a), what must an answer include regarding claims arising from the same transaction as the complaint?
- Any compulsory counterclaim the defendant has against the plaintiff. An omitted compulsory counterclaim is generally barred in a later action.
- Under FRCP 10(b), how must claims be stated in a pleading?
- In numbered paragraphs, each limited as far as practicable to a single set of circumstances. Claims founded on separate transactions should be stated in separate counts if doing so promotes clarity.