A Federal Rules of Civil Procedure Rule 12(b)(6) Simulated Ruling Using Atkinson v. Facebook et al. as the Basis for the Simulation
Journal Title: International Journal of Social Science And Human Research - Year 2022, Vol 5, Issue 06
Abstract
This essay simulates a Federal Rules of Civil Procedure Rule 12(b)(6) ruling by a federal court. The case that serves as the basis for this simulation is Atkinson v. Facebook et al. The simulated ruling is not the actual ruling, but a simulated ruling, demonstrating how the Willging criteria can be successfully employed when a federal court rules on a Rule 12(b)(6) motion. The methodology that is employed herein reviews the counts in Atkinson’s complaint, presuming that a Rule 12(b)(6) was filed for each count. Each ruling is divided into three parts. In the first part, a summary of the count is discussed. Second, the reasons why the count is not appropriate is described. Finally, the Willging criteria are employed, showing where the motion fits within the criteria. Finally, for each motion, the essay concludes whether the Rule 12(b)(6) motions should either be granted or rejected with or without prejudice.
Authors and Affiliations
Donald L. Buresh, Ph. D. , J. D. , LL. M
Keywords
Related Articles
- EP ID EP705162
- DOI 10.47191/ijsshr/v5-i6-57
- Views 123
- Downloads 0
The Crime of Aggression between Recognition, Identification and Activation
The crime of aggression was approved in the Rome Statute of the International Criminal Court (ICC) in 1998, but its definition was postponed until the Rome Statute came into force after 30 countries ratified it, which wa...
Impact of L1 on learning ESL (English as a Second Language) grammar skills of the ESL language learners- An error analysis with special reference to the undergraduates of the University of Jaffna
The purpose of this study is to examine whether L1 had an impact on the ESL (English as a Second Language) grammar skills of the beginning ESL language learners. An experimental research design was conducted at Universit...
The Impact of Work Motivation and Work Environment towards Employee Performance with Job Satisfaction as Intervening Variable (Case in Kaliwatu Basecamp Center, Batu City)
This research aims to describes and analyze the effects of work motivation and work environment on employee performance through job satisfaction. This research was conducted at the Kaliwatu Basecamp Center Batu and the s...
Professional Coaching and Sports Adaptability of Students in Dance Sports
This study aimed to shed light on the relationship between the level of sports coaching professionalism and sports adaptability among university students. This study employed a quantitative comparative correlational rese...
Empowerment Strategy of Teacher and Educational Personnel towards Excellent School in Wetland Environment
The goal of this research was to describe how teachers could be empowered to create better schools. This research used qualitative methods. In this research, data was gathered through in-depth interviews, observation of...