During the annual Westnorthern and Chicago University LLM soccer game tempers flared among the players. The score was tied late in the game when Primadonna, Chicago University's best player, snuck behind the defense, received a crossing pass, and headed the ball into the net past Westnorthern's goalie. Both referees ruled that Primadonna was offside and waved off the goal. 

Walking back upfield after the call, Primadonna allegedly shoved referee Nell, who fell to the ground. Nell used her hands to break her fall and broke her wrist. Nell files a Complaint against Primadonna for battery, including the following allegations in a section entitled FACTS:

1. On October 29, 2023, West Northern and Chicago University played a soccer game at Soldier Field in Chicago.
2. The weather was clear with a gentle breeze blowing in off the lake.
3. The teams played a game every year with the winner retaining bragging rights for the year.
4. LLM program directors, including Plaintiff Nell, usually served as referees for the game.
5. Any current LLM student is eligible to play in the game.
6. During the first 85 minutes of the game, play was normal with each team scoring one goal.
7. In the 86^th minute Chicago University player Defendant Primadonna cheated and was caught offside.
8. Defendant Primadonna scored a goal on the play, but the referees were right there and called offside, waiving off the goal.
9. Defendant Primadonna was outraged and cursed at the referees, including Plaintiff Nell.
10. Defendant Primadonna had been playing aggressively all game and no one was surprised by his anger.
11. Plaintiff Nell was casually jogging back upfield, minding her own business and focused on looking for other rule violations.
12. Suddenly and without cause or instigation, Defendant Primadonna rushed up behind Plaintiff Nell and forcefully pressed his hands into Plaintiff Nell's back.
13. Plaintiff Nell had no choice but to try to minimize her harm as she tried to fall gracefully to the ground.
14. Plaintiff Nell stretched out her arms which resulted in her hand bending backwards when she hit the ground, breaking her wrist.
15. Defendant Primadonna's purpose and desire was to cause a harmful or offensive contact with Plaintiff Nell.
16. Plaintiff Nell fell to the ground because of Defendant Primadonna's contact with her.
17. Defendant Primadonna's hands actually and forcefully came into contact with Plaintiff Nell's back.

The elements of a battery claim are:

1. Intent - intent is defined as having the purpose or desire to cause harmful or offensive contact, where the defendant knows that such contact was substantially certain to occur.
2. Causation - causation means that defendant's affirmative voluntary act directly led to plaintiff's harm.
3. Harmful or offensive contact - harmful or offensive contact means that the contact is harmful or offensive to a reasonable sense of personal dignity to a person and the contact is with a person's body or something attached or closely associated with it.

Defendant Primadonna hires a lawyer and files a Rule12(b)(6) motion for failure to state a claim for which relief can be granted. You are a clerk for the judge on the case. The judge wants you to assess the Complaint allegations.

1. State the applicable standard for evaluating the allegations in the Complaint. 
2. Under the applicable standard, identify by number which allegations (or parts of an allegation) a court should consider. 
3. Under the applicable standard, identify by number which allegations (or parts of an allegation) a court should not consider and explain why. 
4. Your judge wants you to assess the motion from both parties' perspectives. Why would the court decide the motion in Plaintiff's favor? Why would the court decide in Defendant's favor?

Answer rating: 100% (QA)

The applicable standard for evaluating the allegations in the Complaint is the standard for a Rule 12b6 motion to dismiss Rule 12b6 of the Federal Rul... View the full answer