Fed. R. Civ. P. 8(d)(2)–(3)¶
Fed. R. Civ. P. 8(d)(2)–(3).
Cited by¶
2 citations across 2 artifacts.
Each citation links to the sentence it supports in the citing article.
Domain-specific¶
- Ad Hominem
- Legal advocacy. Cross-examination routinely attacks a witness's credibility — prior inconsistent statements, motive to lie, bias
This source607, 608, 609, 613 (impeachment of witnesses; character for truthfulness; impeachment by prior conviction; prior inconsistent statements). The rules authorising routine credibility attack on a witness - any party may impeach (607), by character for truthfulness (608), prior conviction (609) and prior inconsistent statement (613); impeachment for bias or motive is not codified here and rests on the common law (United States v. Abel, 469 U.S. 45 (1984)).
- Legal advocacy. Cross-examination routinely attacks a witness's credibility — prior inconsistent statements, motive to lie, bias
- Kettle logic
- This also distinguishes kettle logic from legitimate alternative pleading, in which defenses are offered as conditional on which facts obtain ("if A, then my position is X; if not-A, then Y") — conditional alternatives are mutually exclusive but each is held on a hypothesis, not asserted jointly
This sourceFed. R. Civ. P. 8(d)(2), authorizing alternative and hypothetical pleading of a claim or defense. Fed. R. Civ. P. 8(d)(2)-(3): (d)(2) permits alternative/hypothetical pleading; (d)(3) separately permits inconsistent claims or defenses regardless of consistency, without requiring conditional framing.
- This also distinguishes kettle logic from legitimate alternative pleading, in which defenses are offered as conditional on which facts obtain ("if A, then my position is X; if not-A, then Y") — conditional alternatives are mutually exclusive but each is held on a hypothesis, not asserted jointly
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