General civ pro question

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waxecstatic
Posts: 314
Joined: Sat Mar 13, 2010 7:07 pm

General civ pro question

Postby waxecstatic » Sun Apr 22, 2012 4:55 pm

When certain rules delineate standards in which something can/cannot be applied I get confused whether they mean all standards must be met, or A must be met, or B must be met etc. Like anyone of those things or all?

For instance, look at Amendments under rule 15

Rule 15 c says that an amendment relates back to the date of the original pleading when (1):
and lists three different standards

If this were a checklist, would an amendment to a pleading go forward when any one of the following things occur, or only if all of them do?

Geist13
Posts: 739
Joined: Sat Oct 10, 2009 3:21 pm

Re: General civ pro question

Postby Geist13 » Sun Apr 22, 2012 5:44 pm

you are looking for the word "or" or the word "and." However, if there are multiple requirements listed, the rules will only list the connector between the last two items. So, in your example, Rule 15(c) there are subsections A, B, C. The word "or" appears between B and C. Thus you know that only one of the three has to be met for the rule to apply. By contrast, subsection C has its own subsections. These are separated by the word "and." Thus, you know that the subsection C is only met if BOTH of those two sub-requirements are met.

waxecstatic
Posts: 314
Joined: Sat Mar 13, 2010 7:07 pm

Re: General civ pro question

Postby waxecstatic » Sun Apr 22, 2012 6:18 pm

Geist13 wrote:you are looking for the word "or" or the word "and." However, if there are multiple requirements listed, the rules will only list the connector between the last two items. So, in your example, Rule 15(c) there are subsections A, B, C. The word "or" appears between B and C. Thus you know that only one of the three has to be met for the rule to apply. By contrast, subsection C has its own subsections. These are separated by the word "and." Thus, you know that the subsection C is only met if BOTH of those two sub-requirements are met.


Thanks! That was really helpful! :)




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