3. Assume plaintiff in Garcia had not included any facts in the complaint indicating either a conditional

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3. Assume plaintiff in Garcia had not included any facts in the complaint indicating either a conditional or absolute privilege. How could defendant have raised these issues? See Federal Rule 8(c). Since privilege is obviously a matter of defense, why should it be significant whether plaintiff raises it in the complaint? Shouldn’t these matters simply be ignored unless defendant pursues them in the answer?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

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

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