Alternative Pleading Is Absolute
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
14178_choir_robe_credit_good_faith · CIVIL_PROCEDURE · Choice ANo, because Mary's complaint is factually inconsistent regarding whether John lied.
Why it's attractive
The stem's good-faith problem is not merely that John's truthfulness is uncertain; it is Mary's own mutually exclusive reliance allegations.
Why it's wrong
The stem's good-faith problem is not merely that John's truthfulness is uncertain; it is Mary's own mutually exclusive reliance allegations.
14178_choir_robe_credit_good_faith · CIVIL_PROCEDURE · Choice BYes, because Mary stated a claim upon which relief can be granted.
Why it's attractive
The call asks about good-faith pleading, so a claim-sufficiency reason cannot carry the yes answer.
Why it's wrong
The call asks about good-faith pleading, so a claim-sufficiency reason cannot carry the yes answer.
14178_choir_robe_credit_good_faith · CIVIL_PROCEDURE · Choice DYes, because alternative and inconsistent allegations are permitted when the pleading party does not have knowledge that only one of the allegations is true.
Why it's attractive
Rule 8 permission is real, but it is not a blanket shield against Rule 11 good-faith certification.
Why it's wrong
Rule 8 permission is real, but it is not a blanket shield against Rule 11 good-faith certification.
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