Running head: LAW 1

Pre-Trial Practice & Federal Rules of Civil Procedure

Student’s Name
Institution Affiliation
LAW 2

Pre-Trial Practice & Federal Rules of Civil Procedure

Facts
The facts based on the presented information reveal that Robert, a resident of Charlotte,
North Carolina, filed a lawsuit against Bryan, a resident of Greensboro, North Carolina in North
Carolina state trial court against his unlawful and felonious assault, battery and illegal
confinement and bounding in a certain area. Robert reported that Bryan walked into his office to
carry out the infliction on him. Reportedly, Bryan's act led to emotional and physical suffering
on Robert. Due to that, Robert is seeking legal redress and compensation resulting from punitive
damages from Bryan. The amount quoted by Robert as part of the compensation included the
$200, 000 in compensatory damages, $1000, 000 in punitive damages and any other relief the
court would deem just and proper. However, upon captioning, signing and serving the complaint
on Bryan, he went ahead to demand the dismissal of the action while claiming that Robert was
not specific enough on his case. Bryan demanded for dismissal of the action since the case fails
to state a claim upon which relief can be granted.
Issue
The issue involved in the case is whether, based on North Carolina law, Robert, the
complainant, was not specific enough in presenting his claims, and thus, if that is the case, the
case must be dismissed since it fails in stating a claim upon which relief can be granted. Failing
to specify a claim upon which relief should be granted is usually considered as a defense to a
legal claim as it implies that a claimant has not presented enough facts which if considered as
true would show that a lawful violation had taken place and that the complainant deserved a legal
remedy.
Rule
Rule 12(b)(6) gives authority to a court to engage in the dismissal of any claimant who
fails to state a claim upon which relief can be granted (Kagan, 2019). The rule tests the legal
sufficiency of the claim. The assessment of whether the complainant has stated the right and
valid claim must be done to justify the rule. For a plaintiff to defeat the motion involving
dismissal of his claims, he must present sufficient facts stating a claim to relief that is valid. A
claim must pass or meet the plausibility test.
Application
Based on the facts of the case, the complainant has failed to be specific enough in stating
specific aspects of his claim. His claim was likely defective as it misses certain important points.
For instance, he did not indicate the possible cause or the differences between him and Bryan
which might have resulted in the conflict. He should also indicate the specific reliefs which
should form part of the compensation. The defendant is only held liable for acting unlawfully if
the plaintiff pleads factual content that enables the court to come up with reasonable inference
showing how the defendant is responsible in committing the alleged misconduct. Failing to do
that calls for dismissal of the complainant.
Conclusion
Based on the preceding analysis of the situation, the court is likely to dismiss the
complainant's case. The North Carolina law does not guarantee favor to the complainant once
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they fail to state a claim upon which relief can be granted. The court is lawfully not permitted to
infer more or look beyond the pleadings in such a case.
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Reference
Kagan, R. A. (2019). Adversarial legalism: The American way of law. Harvard University Press.