Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

in my federal civil suit the district court dismissed my case

in my federal civil...
in my federal civil suit the district court dismissed my case with prejudice without a hearing.
I've appealed to circuit court in Atlanta.
The defendant argued for dismissal partly on grounds that I didn't link any of the specific facts in my complaint to specific elements. I did not use the words "elements" in my complaint.
I now realize as a pro se plaintiff/appellant that listing specific facts as proving specific elements would have been advisable, but I did have many facts that I feel could prove any element the defense wishes to cite.
Do you know of any federal rule of civil procedure that mandates the plaintiff explicitly state that facts a, b and c are proof of element x?
Show More
Show Less
Ask Your Own Legal Question
Answered in 13 minutes by:
6/19/2013
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3,546
Experience: 10 years practicing IP law and general litigation
Verified
I hope this message finds you well, present circumstances excluded. Generally speaking Federal Rules of Civil Procedure 10 specifies in broad language that the facts and elements must be linked together. This rule is viewed in conjunction with precedent before the court system. That is how your initial suit was dismissed...very much on a procedural technicality.

Here is a link to a pro se manual that was actually generated for federal court in Idaho, but the same rules of procedure would also apply in Federal Court in Georgia: http://constitution.org/pro-se/pro-se.htm#CHAPTER%20II.

In Chapter 5 of the Manual, there is a nice spreadsheet of sorts that details the procedures and accompanying rules in many cases.

What you will attempt to do on appeal to the Circuit Court is to have your case remanded to the district court so that you can amend your original complaint to comply with Rule 10 of the FRCP. Then the case can be decided on the merits as opposed to a technicality.

Let me know if you have any additional questions or concerns.

Best wishes going forward!
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3,546
Experience: 10 years practicing IP law and general litigation
Verified
Delta-Lawyer and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3,546
3,546 Satisfied Customers
Experience: 10 years practicing IP law and general litigation

Delta-Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Texas Southern District Court - civil case... To appeal the
Texas Southern District Court - civil case... To appeal the declined decision for a court appointed attorney... 1. Fee waiver approved. 2. Letter from legal aid submitted.Thinking I'll add the list of… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
I am appealing a restraining order in Oregon's Circuit Court
I am appealing a restraining order in Oregon's Circuit Court Tomorrow, and need to understand the protocol at such a proceeding. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Federal court. If judge issued an Order for a case status
Second opinion] Federal court. If judge issued an Order for a case status report "no later than 7 days" from 12/27/2017, what is the latest possible date and hour to respond? And what happens if that … read more
Amadeo Rivera
Amadeo Rivera
JD
82 satisfied customers
What section of the California Rules of Civil Procedure
what section of the California Rules of Civil Procedure governs discovery response times/due dates? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Does a Union Hearing constitute Legal Process??....Civil
Does a Union Hearing constitute Legal Process??....Civil cases in Illinois have a 5 year Statute of Limitation!!...Does a Union Hearing count as a CIVIL PROCEDURE in Breach of CONTRACT?? … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
I want to file a Complaint in Federal court against the
I want to file a Complaint in Federal court against the Federal Energy Regulatory Commission under the Administrative Procedures Act. The case meets all 4 prongs of the test to determine if the facts … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Federal Rule of Civil Procedure, the Defendant has failed to
Federal Rule of Civil Procedure, the Defendant has failed to "plead or otherwise defend" pursuant to 55(a)(b)The Defendant has filed a motion for an extension on December 4th, The Federal judge did NO… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Can a retired circuit court judge in Nashville, Tennessee
Can a retired circuit court judge in Nashville, Tennessee preside over a civil wedding in Aspen,Colorado and sign the marriage certificate? If not are any commits rules that would authorize his author… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Can one circuit court judge overturn another's decision on a
Can one circuit court judge overturn another's decision on a matter already heard … read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I have proof that a district court judge is facilitating
I have proof that a district court judge is facilitating money-laundering. Neither the FBI/DOJ nor the Massachusetts AG will investigate. Where do I go? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In a US District Court complaint what is common for a
In a US District Court complaint what is common for a plaintiff and defendant counsel. Does the plaintiff and defendant counsel set up the case managment plan before or after the defendants counsel an… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
In reference to the Colorado rules of civil procedure 59 for
hello in reference to the Colorado rules of civil procedure 59 for a new trial how long does it usually take for the judge to respond and is there another motion i should file with the court if i don'… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
I received a circuit court disposition order in and for
I received a circuit court disposition order in and for browsed county . It says restitution converted to civil lien. I have several questions… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
I need to file a motion pursuant to code of civil procedure
i need to file a motion pursuant to code of civil procedure section 1987.1 … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Filed motion to stay money judgement in circuit court
filed motion to stay money judgement in circuit court pending appeal refused to rule citing lack of jurisdiction appellate court denied … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
9-22-17 draft ______________ In the 8th Circuit Court of
9-22-17 draft ______________ In the 8th Circuit Court of Cheshire County State of New HampshirePlaintiff, Amy Zuckerman Vs, Defendant, ***** *****COMPLAINTNow comes the Plaintiff, Amy Zuckerman, and f… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
What is the next step for a US District Court plaintiff to
What is the next step for a US District Court plaintiff to wait for after filing the complaint after all complaints are served?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I need to submit a memorandum of appeal to the circuit court
I need to submit a memorandum of appeal to the circuit court opposing a district court judgement. I need help with format of the memorandum for Maryland courts and also maybe some help in writing the … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x