Question

identify and explain the fed rule

Answer 1

Judicial practise in United States district courts is regulated by the Statutory Rules of Civil Procedure. Under the Rules Enabling Act, the FRCP is adopted by the United States Supreme Court and then the United States Congress has seven months to veto the adopted rules or become part of the FRCP. The amendments made by the Court to the rules are generally based on guidelines from the Judicial Conference of the United States, the internal policy-making body of the federal judiciary.

While federal courts are expected in cases where state law is in doubt to follow the substantive law of the states as rules of judgement, the federal courts nearly often use the FRCP as their rules of civil procedure. While 35 of the 50 states have adopted rules which are based on the FRCP, states can decide their own rules which are applicable in state courts.

A handful of states (e.g., California) use an intermediary method known as code pleading, which is a method older than notice pleading and which is based on statutory law, in addition to notice pleading. It appears to straddle the gulf between outdated pleading under common law and new pleading for notice. The pleading of the Code puts extra burdens on a party to plead the "ultimate truth" of its case, setting forth the whole case of the party and the details or claims that underlie it. On the other hand, note pleading clearly includes a "quick and plain declaration" merely stating that the pleader is entitled to relief. (FRCP 8(a)(2)). (French) An significant exception to this rule is that, where a party alleges wrongdoing, the evidence of the suspected fraud must be suspected to be precise. FrCP 9(b) (FRCP 9(b)