I’m trying to learn for my Law class and I’m stuck. Can you help?
For this week’s discussion, review the text of Rule 11(b), which provides as follows:
(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
Fed. R. Civ. P. 11(b).
Answer the following questions: (1) What do you think Rule 11(b) means (put the rule in your own words)? (2) Provide an example of how Rule 11(b) can be violated. You may use a real world example (such as from a newspaper article) or provide a fictional example.
Discussion Board Requirements:
- Word requirement: Your original post should be thorough and should meet the 150 word requirement.