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Video instructions and help with filling out and completing Federal court complaint template word

Okay welcome back this is the next video in our series of MBE videos is intended for students studying for the bar exam a JD exam would be much more detailed and even for purpose of the MBE I'm not handing up all the issues unfortunately I can't talk 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 8 a 2 says a pleading putting forth a claim must have among other things a short and plain statement showing entitlement to relief right 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's sufficient facts the law just doesn't pra remedy so the example always use my JD students on the very first day of class is willful and malicious what is it failure to invite JD students where are you okay willful and malicious failure to invite I sue you and say on such such day you had a birthday party I really wanted to go you'd invite me you told me you didn't want to come I said you hurt my feelings you said too bad so sad you invite me and now I'm suffering pain and suffering all of that boohoo I put in lots of facts okay but guess what unless unless something's changed since I started going to law school you can't sue somebody for not inviting you to their birthday party unless you have to say like a contract or something there's no tort claim for that all right so even if there's lots of facts we have legal insufficiency here law does not pra remedy what you're more likely to be tested on is factual insufficiency and even then I'm only going to get into so much more detail because it is a little hard to test this on multiple-choice are factual insufficiency we're an ink ball territory now right you sue somebody for negligence and you say oh yeah you know you were negligent and hurt me right well that doesn't tell the defendant very much right so even though the law does pra remedy so the problem isn't a legal insufficiency you can't just sue somebody say hey yo you were negligent therefore you owe me money okay that's going to be a.