|
''Conley v. Gibson'', 355 U.S. 41 (1957), was a case decided by the Supreme Court of the United States that provided a basis for a broad reading of the "short plain statement" requirement for pleading under Rule 8 of the Federal Rules of Civil Procedure.〔Yeazell, S.C. ''Civil Procedure, Seventh Edition.'' Aspen Publishers, New York, NY: 2008, p. 358〕 ==Opinion of the Court== The case arose from an alleged wrongful discharge of African-American employees from a railroad company and unequal protection from the union. The court ruled that general allegations of discrimination were sufficient to fulfill the Rule 8 requirement of a "short plain statement" because liberal discovery guidelines allowed the complaint to gain much more specificity before trial. The kind of pleading allowed by ''Conley'' was known as "notice pleading."〔Yeazell, p. 358〕 Conley Presumptions: 1) Plaintiff's allegations are true 2) Facts are construed as most favorable to the plaintiff 3) Cannot dismiss case unless proven beyond a doubt that plaintiff can prove no set of facts 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Conley v. Gibson」の詳細全文を読む スポンサード リンク
|