Written by attorneys · grounded in primary & secondary sources — see below
An adverb used to describe a statement or description that is concise and brief, as required for notices and pleadings in federal practice.
Sources & Authorities· 22 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Removal Notice Filing
Serena Soto sued in state court over a contract dispute. The defendant filed a notice of removal in the federal district court for the district where the action was pending. The notice included a short and plain statement of the grounds for removal along with copies of all process and pleadings served.
Contributory Negligence Finding
Skylar Sullivan walked into a known construction hazard created by Sterling Manufacturing. Her conduct fell short of the standard a reasonable person would follow to protect herself from harm. The court applied contributory negligence to bar recovery.
Sabrina Shah suffered harm from a defendant's negligent conduct that was a substantial factor in causing her injury. The court exercised its exclusive function to declare whether any rule restricted the defendant's responsibility short of full liability.
Abortion Regulation Challenge
Sophia Singh challenged a state abortion statute in federal court. The litigation reached the Supreme Court before the short pregnancy term could run its course and render the case moot on appeal.
Roe v. Wade410 U.S. 113 (1973)
State Law Application
Scott Summers brought a negligence claim in federal court under diversity jurisdiction. The court applied state substantive law rather than federal common law to resolve the dispute.
Erie Railroad Co. v. Tompkins304 U.S. 64, 78–80 (1938)
Public Official Libel Claim
Sylvia Santos, a city official, sued a newspaper for libel over a published article. The court required proof of actual malice because the statement concerned official conduct on a matter of public concern.
New York Times v. Sullivan376 U.S. 254 (1964)
Common questions
Frequently Asked
1
What does a short and plain statement require in a notice of removal?+
A short and plain statement must concisely set forth the grounds for removal together with copies of all process, pleadings, and orders served on the defendant.
410 U.S. 113 (1973)Constitutional Law
…and to color one's thinking and conclusions about abortion. In addition, the normal 266-day human gestation period is so short that the pregnancy will come to term before the usual appellate process is complete. If that termination makes a case moot, pregnancy litigation seldom will survive much beyond the trial…