Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

What is Mississippi rule of civil procedure 12()(6) I did

Customer Question
what is Mississippi rule...
what is Mississippi rule of civil procedure 12(b)(6)
JA: Have you talked to a MS lawyer about this?
Customer: no, I did talk to one about my case but I just got this response from their lawyer
JA: What steps have you taken so far?
Customer: I file a complaint against a city for wrongful termination
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was the Chief of Police until the new Alderman who was elected in July sought to sabotages my department because she wanted to control the police but I stopped by telling reminding her of her power as an Aldermen so she lied on me to get the others to go along with her
Submitted: 27 days ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 29 minutes by:
11/16/2017
Lawyer: RobertJDFL, Attorney replied 27 days ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,089
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Ask Your Own Legal Question
Lawyer: RobertJDFL, Attorney replied 27 days ago

Good evening,

A Rule 12(b)(6) motion pertains to pretrial motions, and 12(b)(6) specifically deals with a motion by the opposing party to dismiss your case for failure to state a claim upon which relief can be granted.

“Failure to state a claim upon which relief can be granted” can mean a number of things, all of which have to do with what is stated in a complaint.

First, and most typically, this means that the complaint failed to properly allege one or more of the required elements of an action. Additionally, it is not enough that the elements of an action are simply stated in a complaint. Indeed, a factual basis for the claim must be established by the complaint.

For example, many people claim that they were wrongfully terminated due to discrimination. That may not be your situation, but allow me to give the example. In general, plaintiff employees meet the elements of a wrongful termination in violation of a statute claim if they can establish the following: (1) they are members of a protected class (or engaged in statutorily protected activity); (2) they are doing satisfactory work; (3) they were discharged; and (4) similarly situated individuals outside the plaintiffs’ protected class were treated more favorably, or other circumstances surrounding the adverse employment action give rise to an inference of discrimination.

But it's not merely enough that you say for example that other individuals outside your protected class were treated more fairly; instead, you would have to show it in the complaint -e.g. "I was the only African American employee, while all of my deputies were Caucasian. Although I had a higher title as Chief of Police, my deputies were given more vacation time, higher salaries and better benefits, even those who had less experience on the job than I did."

Ask Your Own Legal Question
Lawyer: RobertJDFL, Attorney replied 27 days ago

What this boils down to is that they are alleging that your lawsuit is insufficiently drafted and asking that the court dismiss your case. Teaching you how to properly draft a lawsuit is not something that can be done, especially not in a format like this, when lawyers go to school and have a lot of on the job training with this sort of thing. Ideally, you need the assistance of a lawyer in a wrongful termination suit.

What I can tell you is that worst case scenario, if the case is dismissed, the court will likely do so "without prejudice" allowing you to refile the lawsuit again at a later date.

Ask Your Own Legal Question
Lawyer: RobertJDFL, Attorney replied 26 days ago

Was there anything I could clarify for you, or additional information you needed about this matter? If so, please REPLY WITHOUT RATING FIRST, and I'll be happy to help further. Otherwise, if I have fully answered your question, please leave a positive rating by clicking on the stars at the top of the page. This is the only way experts like myself are compensated by the site for our time and assistance. Thank you.

Ask Your Own Legal Question
Customer reply replied 26 days ago
ok so I'm trying to see if I got this right I was also told that I would have to file for unemployment benefits to have this complaint in compliance with the law, but what if I want to try this case on merits and principle I am a military veterans, and a three times cancel survival I have a termination on mu record and I was doing my job
Lawyer: RobertJDFL, Attorney replied 26 days ago
You still need a legal grounds upon which to bring suit. Unless you had an employment contract or union agreement that the employer violated, you are an “at will” employee, as you may know, and can be terminated at any time with or without cause - even if doing your job well. Now, you can’t be terminated for an unlawful reason such as because of a disability or your race or religion. You also cannot be terminated for exercising your right to vote or serve on a jury for example.You haven’t cited any reasons in the facts you’ve given me that would be appropriate legal grounds for a civil suit. Not to say what happened to you is fair, because I don’t feel it is, but that still doesn’t mean you necessarily have legal grounds upon which to file a lawsuit.
Ask Your Own Legal Question
Customer reply replied 26 days ago
ok thanks
Lawyer: RobertJDFL, Attorney replied 26 days ago
I realize this cannot be what you want to hear, and I regret having to give bad news. But I would rather you have the facts, and it would be unfair to you to be less than truthful.
Please remember to leave a positive rating by clicking on the stars at the top of the page so I am credited for my time and assistance. Thank you.
Ask Your Own Legal Question
Lawyer: RobertJDFL, Attorney replied 25 days ago

Was there anything I could clarify for you, or additional information you needed about this matter? If so, please REPLY WITHOUT RATING FIRST, and I'll be happy to help further. Otherwise, if I have fully answered your question, please leave a positive rating by clicking on the stars at the top of the page. This is the only way experts like myself are compensated by the site for our time and assistance. Thank you.

Ask Your Own Legal Question
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,089
14,089 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL 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

24,325 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,642 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

42,245 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

290 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My daughter purchased a truck, title in her name but
My daughter purchased a truck, title in her name but boyfriend drives the vehicle. She has split from him and he has paperwork on vehicle. how can she reclaim vehicle? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,245 satisfied customers
Is there a title company in Chicago by the name of
Is there a title company in Chicago by the name of Independence Federal … read more
KJL LAW
KJL LAW
Juris Doctorate
1,682 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
3,122 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
6,353 satisfied customers
Is this legal to write in an employment contract? The
Is this legal to write in an employment contract? The Employee shall work Monday to Friday, from 9am to 1pm CST and shall be compensated for time that is clocked in, until additional clients are assig… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,353 satisfied customers
Would an offer of employment contract outweigh the formation
Would an offer of employment contract outweigh the formation of an ad hoc committee designed to replace current administration? The board runs under the California Brown Act. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,245 satisfied customers
What is title insurance. I got property through title
I got property through title insurance and lost my inhearance … read more
Ray
Ray
Lawyer
Doctoral Degree
30,492 satisfied customers
I have a question about civil procedure. The case is civil
I have a question about civil procedure. The case is civil unlimited filed in Superior Court, California. I am aware that many cases get dismissed And requests get denied due to procedure issues. Is t… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,245 satisfied customers
1. Code of Civil Procedure-CCP 367 said every action must be
1. Code of Civil Procedure-CCP 367 said every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute. I would like to read the stipulations that c… read more
socrateaser
socrateaser
1,031 satisfied customers
I have an employment contract in. There was no specified
I have an employment contract in Virginia. There was no specified length for the contract. I am wondering how long it is valid for. I signed it in April 2016 for a job starting in July 2016, and have … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,353 satisfied customers
I have a question about an employment contract between
I have a question about an employment contract between myself and an LLC … read more
Taylor
Taylor
Attorney
Juris Doctor
212 satisfied customers
What Ohio rule of civil procedure stats that when answering
What Ohio rule of civil procedure stats that when answering a complaint the party answering must answer all the facts and allegations in the complaint.… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
What Ohio law of civil procedure states all pleadings must
what Ohio law of civil procedure states all pleadings must be made truthfully and honestly. Can you Cite me ohio supreme court decision where a case was dismissed because a defendant didn't follow thi… read more
Zoey, JD
Zoey, JD
Doctoral Degree
176 satisfied customers
Is there any law or rule of civil procedure that says a
Is there any law or rule of civil procedure that says a Judge can rule against someone for the mere fact that they don't cite relevant cases that this can cause the judgement to be rendered against th… read more
Ray
Ray
Lawyer
Doctoral Degree
30,492 satisfied customers
Civil Procedure. MA Attorney fees was awarded to Plaintiff.
Civil Procedure. MA Attorney fees was awarded to Plaintiff. How can this amount be lowered? Is there a motion to lower this?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,245 satisfied customers
I received an odd phone call from civil procedures saying I
I received an odd phone call from civil procedures saying I was going to be served with papers … read more
LegalGems
LegalGems
Juris Doctorate
10,377 satisfied customers
Federal Rules of Civil Procedure - I filed a motion with a
Federal Rules of Civil Procedure - I filed a motion with a certificate of electronic service on the other parties but failed to actually send it. What steps should I take to correct this error?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,492 satisfied customers
Second opinion] Federal Rules of Civil Procedure - I filed a
Second opinion] Federal Rules of Civil Procedure - I filed a motion with a certificate of electronic service on the other parties but failed to actually send it. What steps should I take to correct th… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,325 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