6 12 Rule

Thus, lower courts receive substantial, but not total, deference.4 The Supreme Court defined the standard as: A finding is 'clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.5

One California court held that the standard of review is whether there is substantial evidence to sustain the order. In re Willon, 47 Cal.

(FRCP 12(h)(1).) Some courts require pre-answer motions to dismiss to be made within 21 days of service of the complaint. Other courts require only that they be made before the deadline for filing responsive pleadings, whether that deadline is within 21 days or later.

You cannot file a second motion dismiss. You have to raise it as an affirmative defense in your answer and present it with evidence at summary judgement or trial...

A motion to dismiss (aka demurrer in some states) is a powerful litigation tool that can stop a lawsuit cold in its tracks. When granting a motion to dismiss, the judge essentially decides the case in the defendant's favor most often denying the plaintiff the opportunity to go to trial.

Concerning constitutional questions, three basic standards of review exist: rational basis, intermediate scrutiny, and strict scrutiny. This form of standard of review is sometimes also called the standard or level of scrutiny.

From Latin, meaning from the new. When a court hears a case de novo, it is deciding the issues without reference to any legal conclusion or assumption made by the previous court to hear the case.De novo review occurs when a court decides an issue without deference to a previous court's decision.

In considering a motion to dismiss under Rule 12(b)(6), the court must accept all well-pled allegations in a complaint as true. Albright v. Oliver, 510 U.S. 266, 268 (1994). The court must construe all factual allegations in the light most favorable to the plaintiff.