Friday audio--Section A, Section B. Essay # 1 will be posted on Thursday, February 15 and due in class on Thursday, February 22. If anyone wants to send a picture of the flowchart from the board, I can post it.
We turn to Respsonsive Pleadings. As we will see, there are three pieces to a responsive pleading: 1) Failure-of-Proof Defenses; 2) Affirmative Defenses; and 3) Additional Claims. For Wednesday, we will focus on # 1. Prep FRCP 7(a), 8(b), 10, 12(c), and 12(f), along with Zielinski and King Vision. Work through the Answer in Kinsmann and how the defendant offers different responses to different allegations.
• What are the defendant's responsive options? How does the Kinsmann answer use each and does it do so properly?
• Must the defendant explain a response?
• What was wrong with the defendant's initial response to ¶ 4 in Zielinski?
• What is the remedy for an improper defense?
• How can each party use FRCP 12(c) in response to the defendant's responses to the allegations in the complaint?
