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State of Alabama STATEMENT of CLAIM Unified Judicial System Form

State of Alabama STATEMENT of CLAIM Unified Judicial System Form

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first we'll explain how the defense operates which will require a brief history lesson second we'll discuss the procedural mechanisms by which this defense can be raised the heart of the defense of failure to state a claim is that the plaintiff will not be entitled to prevail even if every factual allegation in the complaint is true for this reason professor Laurel Terry has referred to motions to dismiss as so what motions because the defendant is essentially pointing to the complaint and saying so what you still can't win even if everything you say is true the defense of failure to state a claim is rooted in Federal Rule of Civil Procedure 8 a 2 which requires that the complaint contain a short and plain statement of the claim showing that the Pleader is entitled to relief if the complaint does not do this then it fails to state a claim so what does a complaint have to do in order to put forth a short and plain statement of the claim showing that the Pleader i

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