Okay, welcome back. This is the next video in our series of MBE videos. It is intended for students studying for the bar exam. A JD exam would be much more detailed and even for the purpose of the MBE, I'm not covering all the issues. Unfortunately, I can't talk for 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). Rule 8(a)(2) says a pleading putting forth a claim must have, among other things, a short and plain statement showing entitlement to relief. Rule 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, and the other is factual insufficiency. Legal insufficiency, simply put, is even if all the facts are true, even if there are sufficient facts, the law just doesn't provide a remedy. So, the example I always use with my JD students on the very first day of class is "willful and malicious failure to invite." JD students, where are you? Okay, "willful and malicious failure to invite." I sue you and say, "On such and such day, you had a birthday party. I really wanted to go. You didn't invite me. You hurt my feelings. You said too bad. So sad. You didn't invite me, and now I'm suffering pain and suffering. All of that...
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