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Bad V. Rich

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Submitted By woodyt85
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Facts The facts as they are presented to us state that Richard, a resident of Raleigh, North Carolina, files a lawsuit against Brad, who lives in Durham, North Carolina in North Carolina state trial court for illegal and felonious assault and battery, as well as being unlawfully confined and bound in an area. These acts caused Richard great physical and emotional suffering, at the hand of Brad. Richard is seeking compensatory and punitive damages against Brad. Brad moves to dismiss the action on the grounds that the complaint was not specific enough. Issue Our issue here is whether or not the complaint fails to state a claim upon which relief can be granted under North Carolina case law. Rules “In reviewing a N.C. R. Civ. P. 12(b)(6) motion, a court must determine whether, as a matter of law, the allegations of the complaint, treated as true, are sufficient to state a claim upon which relief may be granted under some legal theory, whether properly labeled or not. The trial court may grant this motion if there is a want of law to support a claim of the sort made, an absence of facts sufficient to make a good claim, or the disclosure of some fact which will necessarily defeat the claim”. Rule 8 of the General Rules of Pleading, also states that there must be a short and clear statement made in the claim that the party is if fact, entitled to relief. Pursuant to affirmative defense, if Brad introduces evidence found to be credible, regardless if he committed the crime or not, he will not be liable for civil or criminal damages. Analysis In our case of Richard and Brad, Richard clearly states his allegations against Brad, but provides no support that he is actually entitled by some legal force, to any compensatory damages for what he alleges Brad inflicted on him. There is no clear law supporting that Richard is entitled to monetary damages. Affirmative defense is also

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