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Pleadings Filed Herein Form

Pleadings Filed Herein Form

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okay welcome back this is the next video in our series of MBE videos is intended for students studying for the bar exam a JD exam would be much more detailed and even for purpose of the MBE I'm not handing up all the issues unfortunately I can't talk 24 hours in a row so we're picking and choosing the issues and even the level of detail the next topic here is going to be pleading and particularly I'm going to start off with what you need to do in order to state a claim that would withstand a motion to dismiss for failure to state a claim first you need to know the connection between rules 8 a 2 and 12 B 6 8 a 2 says a pleading putting forth a claim must have among other things a short and plain statement showing entitlement to relief right 12 B 6 says you can obtain dismissal for failure to state a claim so in other words a deficiency under 8 a 2 is a basis for dismissal under 12 B 6 now 12 B 6 dismissal can come in two flavors one is legal insufficiency

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