PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Designation of Cause of Action
............Ultimate Fact Pleading
 15 Cards On This Topic:
  • Subject matter and issues of action are determinable from facts alleged rather than title of pleading or character of damage recovery suggested in connection with prayer.
  • Title or ownership may be pled as ultimate fact.
  • Alleging D is holding property as trustee is mere conclusion of fact.
  • Cause of action must be stated in ultimate facts, not by evidence, law, argument or hypothesis.
  • Negligence may be pleaded generally.
  • Ultimate fact pleading rule is tempered by D's need for particularity of facts and detailed information.
  • Proximate cause is proper conclusory pleading if manner in which results caused pleaded.
  • Allegation of undue influence is conclusion of law.
  • Allegation that arrest warrant was "void" was conclusion of law rather than statement of fact.
  • Allegations of fraud or conspiracy are not ultimate facts, but mere conclusions if unsupported by facts.
  • Agency and scope of employment is acceptable conclusory pleading.
  • Alleging rescission is ultimate fact.
  • Allegation agreement is or is not just and reasonable is mere conclusion.
  • Allegation of successor in interest is only legal conclusion.
  • Allegation that P will suffer "great and irreparable injury and loss" is mere conclusion of law.


    •