I'm such a noob to law, love your blog BUT WHAT DOES 12(b)(6) even mean? like, can you explain at the level of someone who's sum experience with law is having watched 2 seasons of Suits?
12(b)(6) is a rule from the Federal Rules of Civil Procedure (”FRCP”) which governs the federal court rules. We all have to learn it in our 1L year. 12(b)(6) particularly is hammered into us as “failure to state a claim upon which relief can be granted” - it’s essentially a rule you invoke to say that the filing party’s complaint is bs because it didn’t even state a claim…upon which..relief can be granted…!
I’ve been putting off work practically all day while I ran errands (and enjoyed the brief period of sunshine before the rain moves in), but I’m finally sitting down to finish my Civil Procedure reading, put the last touches on my personal jurisdiction chart, and do some Glannon problems.
“For centuries this was called a ‘Directed Verdict’ until about 20 years ago, when the writers decided that ‘Directed Verdict’ was too easy to say and thought, ‘Hey, lets give it a cumbersome dumb-ass name instead.‘” -explanation for the JMOL
I think this is why 90% of all lawyers, Judges, and Law Professors I’ve encountered never use the term “Judgment as a Matter of Law”