Drafting Basic Legal Documents: Pleadings

This lesson introduces the fundamentals of drafting basic legal pleadings, focusing on the components of a complaint and an answer. You will learn how to structure factual statements, understand basic legal arguments, and format these documents.

Learning Objectives

  • Identify the key components of a complaint and an answer.
  • Draft factual statements for inclusion in a pleading.
  • Understand the basic legal arguments presented in a pleading.
  • Format a pleading document appropriately.

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Lesson Content

Introduction to Pleadings

Pleadings are formal documents filed in court that outline the claims and defenses of each party in a lawsuit. They serve to define the issues in the case and inform the court and opposing parties of the facts and legal arguments at stake. The most common pleadings are the Complaint (filed by the Plaintiff) and the Answer (filed by the Defendant). Other common pleadings include cross-claims, counterclaims, and replies.

Think of pleadings as a roadmap for the legal battle. They tell the story of the case, the law that applies, and what relief is requested.

The Complaint: Plaintiff's Side

A Complaint is the first document filed in a lawsuit. It lays out the Plaintiff's version of events and the legal basis for their claims. Key components include:

  • Caption: Court name, case number, and parties' names.
  • Jurisdiction and Venue: Explains why this particular court has the authority to hear the case.
  • Parties: Identifies the Plaintiff(s) and Defendant(s).
  • Statement of Facts: A clear and concise account of what happened, supporting the claim.
  • Cause of Action: The legal theory or theories the Plaintiff is using to sue (e.g., negligence, breach of contract).
  • Prayer for Relief: What the Plaintiff wants the court to do (e.g., monetary damages, injunction).

The Answer: Defendant's Response

The Answer is the Defendant's response to the Complaint. It responds to each numbered paragraph in the Complaint by:

  • Admitting: agreeing with the statement.
  • Denying: disagreeing with the statement.
  • Admitting in Part, Denying in Part: agreeing with some of the statement but disagreeing with the rest.
  • Lacking Knowledge to Form a Belief: If the Defendant doesn't have enough information to answer. This is treated as a denial.

The Answer may also include Affirmative Defenses, which are legal reasons why the Plaintiff shouldn't win the case (e.g., statute of limitations, contributory negligence).

  • Caption: The same as the Complaint.
  • Answer to Complaint: Responds to the specific paragraphs in the complaint.
  • Affirmative Defenses: Any affirmative defenses the defendant is asserting.
  • Counterclaim (Optional): The defendant brings their own claim against the plaintiff.

Drafting Factual Statements: Tips and Examples

When writing factual statements, be clear, concise, and accurate. Focus on the relevant facts, and avoid irrelevant information or legal conclusions. Use the "who, what, when, where, and how" approach. Support your statements with any available evidence.

Example (Complaint - Negligence):

  • Paragraph 3: On July 12, 2023, at approximately 2:00 PM, Plaintiff was lawfully crossing the intersection of Main Street and Oak Avenue in Anytown, USA, within a designated crosswalk.
  • Paragraph 4: Defendant, driving a red sedan with license plate ABC-123, negligently failed to stop at the red light at the intersection of Main Street and Oak Avenue.
  • Paragraph 5: As a result of Defendant's negligence, Defendant's vehicle struck Plaintiff, causing Plaintiff to suffer injuries to their left leg and back.

Example (Answer - Responding to the above):

  • Response to Paragraph 3: Admitted.
  • Response to Paragraph 4: Denied. Defendant avers that the light was green and the Plaintiff suddenly and unexpectedly walked into the road.
  • Response to Paragraph 5: Denied. Defendant lacks sufficient information to form a belief as to the nature and extent of Plaintiff's alleged injuries, which therefore is denied.

Understanding Basic Legal Arguments

Legal arguments are presented in the form of 'Cause of Action' (in the Complaint) and 'Defenses' (in the Answer). Cause of Action establishes the legal theory the plaintiff bases their claim on. Defense establishes the arguments why the defendant shouldn't be found liable.

Example (Complaint - Negligence - Cause of Action):
Plaintiff was injured because Defendant owed them a duty of care, which was breached by Defendant. The breach caused Plaintiff's injuries and damages.

Example (Answer - Negligence - Affirmative Defense):
Plaintiff was comparatively negligent, and the damages should be reduced by the percentage Plaintiff was at fault.

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