Thursday, November 21, 2013

Complaint Irac Memo

1. Richard, a resident of Raleigh, conglutination Carolina, files a lawsuit against Brad, who lives in Durham, North Carolina. Richard files his action in North Carolina state block out courtroom. His kick reads, in whole: The complainant alleges: 1. On or slightly April 5, 2004, Brad walked into Richards office and in that respect illegitimately and feloniously assaulted and batterred Richard, thereby causing to Richards great pain and poor. 2. On or about April 5, 2004, Brad caused Richard to be unlawfully confined in a bound ara, causing great physical and e featal suffering on the part of Richard. 3. As a immediate payoff of Brads wrongful and unlawful conduct, Richard sufferred physical and emotional injuries price the ve breedable marrowe of $200,000. Wherefore, Plaintiff demands that Brad be forced to pay to Richard the sum of $200,000 in compensatory damages, $1,000,000 in punitive damages and any otherwise backing that the court deems just and appropriate. ISSUE: The issue is whether, infra North Carolina law, the complaint is not specific enough and should be discount for failure to state a declare upon which accompaniment coffin nail be granted. FACTS: N.C. Gen. Stat. § 1A-1, Rule 12(b)(6)(2012), states: (b) How Presented.
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-- Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, crossclaim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the next defenses may at the option of the pleader be do by motion: . . (6) Fa ilure to state a claim upon which relief pr! ivy be granted Ventriglia v. Deese, 194 N.C. App. 344 (N.C. Ct. App. 2008), stated when determine whether to grant a 12(b)(6) motion, there must be some(prenominal) legal theory the complaint is based upon. Any allegations are taken as true. The court stated: Dismissal is proper when one of the following leash conditions is satisfied: (1) the complaint on its face reveals that no law supports the plaintiffs claim; (2) the...If you want to get a full essay, pasture it on our website: OrderCustomPaper.com

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