1. Most states follow the federal rule that relief is not limited by the ad damnum clause....

Question:

1. Most states follow the federal rule that relief is not limited by the ad damnum clause.

Why should a defendant who defaults be protected by a cap on damages, but a defendant who participates be exposed to damages greater than those pleaded by the plaintiff? See 10 Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d § 2663.

Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For book-img-for-question

Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

See More Books

Question Posted: Oct 03, 2024 04:03 AM

See More Questions

Can you describe the initialisation, exploration and exploitation phases of the cat hunting optimisation algorithm?
Make a presentation on how MBTI types differ and respond to work.
A rocket has an initial mass of m and a fuel burn rate of a (Equation 9.161). What is the minimum exhaust velocity that will allow the rocket to lift off immediately after firing?
1. Most states follow the federal rule that relief is not limited by the ad damnum clause. Why should a defendant who defaults be protected by a cap on damages, but a defendant who participates be...
Starbucks is opening new stores abroad every day, it seems. If you were in charge, would you use expatriate managers or host-country nationals to staff the new facilities? Explain your thinking.
Cash flows that have been adjusted with the certainty equivalent method should be discounted by the A. opportunity cost of capital. B. risk-adjusted discount rate. C. pure play beta. D. marginal cost...
2. The normal consequence of failing to plead special damages is being barred from proving them at trial. However, with regard to a few types of cases the existence of special damages is an integral...
2. In ANHEUSERBUSCH, INC. v. JOHN LABATT LTD., 89 F.3d 1339, 1349 (8th Cir. 1996), certiorari denied 519 U.S. 1109, 117 S.Ct. 944, 136 L.Ed. 2d 833 (1997), plaintiff failed to mention punitive...
What effect can it have on workers?
Your statistics instructor claims that 60 percent of the students who take her Elementary Statistics class go through life feeling more enriched. For some reason that she can't quite figure out, most...
Evaluating the external loads that the bridge may experience by analyzing a simplified, 2 - D bridge schematic illustrated in Figure 2 . The schematic shows a pin support at Point A and a roller...
1. Determine the ordinary and exact simple interest on P5,000 for the period from January 15 to June 20, 1993, if the rate of simple interest is 14%. 2. Determine the exact and ordinary simple...
given Finding the Margin of Error In Exercises 35 and 36, use the confidence interval to find the estimated margin of error. Then find the sample mean. 35. Seedlings A biologist reports a confidence...
ine following pertains to the current year. Un January 1, you were appointed manager or a new operating division of Pirate inc., a manufacturer of products using the latest automation technology to...
A process is said to be of six-sigma quality if the process mean is at least six standard deviations from the nearest specification. Assume a normally distributed measurement. (a) If a process mean...
Express these numbers in standard notation. a. 2.87 10-8 b. 1.78 1011 c. 1.381 10-23

1. Most states follow the federal rule that relief is not limited by the ad damnum clause....

Question:

Step by Step Answer:

Civil Procedure Cases And Materials

Students also viewed these Business questions