Which Federal Rule of Civil Procedure Are You?
YOU ARE RULE 8(a)!You are Rule 8, the most laid back of all the Federal Rules of Civil Procedure. While your forefather in the Federal Rules may have been a stickler for details and particularity, you have clearly rebelled by being pleasant and easy-going. Rule 8 only requires that a plaintiff provide a short and plain statement of a claim on which a court can grant relief. While there is much to be lauded in your approach, your good nature sometimes gets you in trouble, and you often have to rely on your good friend, Rule 56, to bail you out.
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h/t Speculative Catholic
I wanna be Rule 11(c)!
ReplyDeleteBut what is Rule 11(c)?
ReplyDeleteThat's the rule that provides for sanctions to be imposed against attorneys under certain circumstances.
ReplyDeleteHere are my results (of course, I answered the questions in such a way so as to assure this outcome):
ReplyDeleteYOU ARE RULE 11!
You were designed to make sure that attorneys in federal cases make reasonable inquiries into fact and law before submitting pleadings, motions, or other papers. You were a real hardass in 1983, when you snuffed out all legal creativity from federal proceedings and embarassed well-meaning but overzealous attorneys. You loosened up a bit in 1993, when you began allowing plaintiffs to make allegations in their complaints that are likely to have evidenciary support after discovery, and when you allowed a 21 day period for the erring attorney to withdraw the errant motion. Sure, you certainly won't get any brownie points for being outgoing, but you keep things on the up and up. It's pretty clear that the whole operation would fall apart without you around.
Sweet! Maybe I'll go back and take the test again and see if I can rig my scores differently.
ReplyDeleteYOU ARE RULE 12(b)!
ReplyDeleteWhile you might be a defendant's best friend, you aren't exactly polite to others. You have seven separate grounds on which to dismiss a plaintiff's case. You are a bit paranoid, since if you fail to raise your 12(b)(2,3,4, or 7) in a motion or a pleading with one of the other 12(b) defenses or a 12(e) motion, you waive those objections for the rest of trial. Some might say that 12(b) is the biggest bully of the Federal Rules of Civil Procedure, but hey, somebody needs to keep the peace. You might not be the most popular guy in the office, but you're probably the most important.
Note: I couldn't fix it because I have no idea where it was going. I just liked the idea of being able to answer "Pink Floyd". I wonder how that effected the outcome.