Assignment 4 Legal Research
Assignment Number Four Legal Reasearch, Writing and Civil Litigation
Part One
Issue
Under North Carolina law is Brad correct? That dismissing the action on the ground that the complaint was not specific enough and needs to be dismissed because it fails to state a claim upon relief should be granted? Failure to state a claim is frequently raised as a defnse in civil litigation.
Rule
The defense of failure to state a claim is provided for in Federal Rule of Civil Procedure 12(b) (6) and in similar state court rules. Rule 12(b) states that derfenses should be presented in the Defendant's response to the complaint. However, the rule allows some defenses to be asserted in a seperate motion to the court, including the defense that the Plaintiff does not state a claim. Allowing the Defendant to respond in a seperate motion allows the court to dismiss quickly civil claims without legal merit. N.C. Gen Stat. 1A-1Rule 12 Mere Vagueness or lack of details is not a ground for Motion to Dismiss. Such a deficiency should be attacked by a motion for a more definite statement. Redevelopment Comm'n v. Grimes, 277 N.C. 634, 178 S.E. 2d 345 (1971); Brown v. Brown 21 N.C. App. 435, 204 S.E. 2d 534 (1974); Benton v. W.H. Weaver Constr. Co., 28 N.C. App. 91; 220 S.e. 2d 417 (1975). North Carolina Nat'l Bank v. McCarly and Co. 34 N.C. App. 689, 239 S.E. 2d, 583 (1977). While mere vagueness is not enough tot dismiss a complaint. The Complaint must sate enough to satisfy the requirements of the substantive law giving rise to the claim. Merely asserting a grievance is not enough Braun c. Glade Valley Sch. Inc. 7 N.C. App. 83, 334 S.E. 2d 404 (1985).
Analysis Rule 12(b) (6), permitting a Motion to Dismiss for Failure of the Complaints to State a Claim on which relief can be granted. Some courts have held that as the rule by it's terms refer to the statements in the complaint. When these cases have reached Circuit Court of Appeals, in situation where exta materis shows there is no
Part One
Issue
Under North Carolina law is Brad correct? That dismissing the action on the ground that the complaint was not specific enough and needs to be dismissed because it fails to state a claim upon relief should be granted? Failure to state a claim is frequently raised as a defnse in civil litigation.
Rule
The defense of failure to state a claim is provided for in Federal Rule of Civil Procedure 12(b) (6) and in similar state court rules. Rule 12(b) states that derfenses should be presented in the Defendant's response to the complaint. However, the rule allows some defenses to be asserted in a seperate motion to the court, including the defense that the Plaintiff does not state a claim. Allowing the Defendant to respond in a seperate motion allows the court to dismiss quickly civil claims without legal merit. N.C. Gen Stat. 1A-1Rule 12 Mere Vagueness or lack of details is not a ground for Motion to Dismiss. Such a deficiency should be attacked by a motion for a more definite statement. Redevelopment Comm'n v. Grimes, 277 N.C. 634, 178 S.E. 2d 345 (1971); Brown v. Brown 21 N.C. App. 435, 204 S.E. 2d 534 (1974); Benton v. W.H. Weaver Constr. Co., 28 N.C. App. 91; 220 S.e. 2d 417 (1975). North Carolina Nat'l Bank v. McCarly and Co. 34 N.C. App. 689, 239 S.E. 2d, 583 (1977). While mere vagueness is not enough tot dismiss a complaint. The Complaint must sate enough to satisfy the requirements of the substantive law giving rise to the claim. Merely asserting a grievance is not enough Braun c. Glade Valley Sch. Inc. 7 N.C. App. 83, 334 S.E. 2d 404 (1985).
Analysis Rule 12(b) (6), permitting a Motion to Dismiss for Failure of the Complaints to State a Claim on which relief can be granted. Some courts have held that as the rule by it's terms refer to the statements in the complaint. When these cases have reached Circuit Court of Appeals, in situation where exta materis shows there is no