Module 5 Discussion Question

Review the attached materials and links to answer Module 5 Discussion Question in 1-2 pages. 

 

The Iqbal case, which was discussed both in the lecture and readings, is probably the most important recent case in civil litigation procedure. Please do the following:

  • Explain how the Iqbal case made it harder for plaintiffs to file a complaint that will survive a motion to dismiss in federal court.
  • Describe the kinds of cases that are likely to be most impacted by the rule in Iqbal.
  • Do you think that the Iqbal case was a necessary protection for defendants and courts against weak claims, or an unjustified deterrent against plaintiffs bringing lawsuits?

 

 

Reading Material

 

https://www.law.cornell.edu/rules/frcp/rule_8

https://www.uscourts.gov/forms/pro-se-forms/defendants-answer-complaint

https://journals.law.harvard.edu/lpr/

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