NFPA Paralegal Core Competency Exam (PCCE)Legal Writing and CommunicationHard
A paralegal is asked to draft a complaint for a breach of contract case. The supervising attorney provides a detailed factual summary and outlines the legal elements that must be pleaded. To ensure the complaint is legally sufficient and withstands a motion to dismiss, the paralegal must primarily focus on:
- APleading factual allegations that plausibly satisfy each element of the cause of action.
- BCiting every possible case and statute related to contract law in the jurisdiction.
- CUsing highly emotional and accusatory language to convey the client's frustration.
- DIncluding extensive background information about the parties' personal lives.
Show answer & explanationAnswer & explanation
Correct answer: A. Pleading factual allegations that plausibly satisfy each element of the cause of action.
A complaint must contain factual allegations that, if true, plausibly demonstrate that each element of the cause of action has been met. This is the standard for surviving a motion to dismiss.
Why the other options are wrong
- B. Pleadings state facts, not legal arguments or extensive citations to law, which are reserved for motions and briefs.
- C. Emotional language is inappropriate in pleadings and detracts from the professional and objective presentation required.
- D. Personal background information is generally irrelevant and should not be included in a complaint.
Pleading Standards for Complaints
The legal requirements for the factual content of a complaint, particularly the need to plead sufficient facts that, if accepted as true, establish a plausible claim for relief.
- Must contain a short and plain statement of the claim.
- Factual allegations must plausibly suggest a right to relief.
- Each element of the cause of action must be addressed by facts.
Memory trick: F-E-A-T: Facts, Elements, Allegations, Theory.