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 judge 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 lawlessly 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 argona, 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 worth(predicate) the supplye 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 another(prenominal) backing that the court deems just and tight-laced. ISSUE: The issue is whether, beneath North Carolina law, the complaint is not specific enough and should be discount for failure to state a remove upon which computer backup coffin nail be granted. FACTS: N.C. Gen. Stat. § 1A-1, Rule 12(b)(6)(2012), states: (b) How Presented.

-- 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 followers defenses may at the option of the pleader be do by motion: . . (6) Failure to state a claim upon which r! elief privy be granted Ventriglia v. Deese, 194 N.C. App. 344 (N.C. Ct. App. 2008), stated when find out whether to grant a 12(b)(6) motion, there must be roughly 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 obtain a full essay, pasture it on our website: OrderCustomPaper.com

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