Yoichiro Hamabe


The purpose of this article is to clarify the function of Rule 12(b)(6) under liberalized pleading. To achieve this clarification, this article examines the functions of Rule 12(b)(6) by using a categorization approach. Before entering the categorization, the previous controversies over the two opposing directions should be also considered. Accordingly, the functions of Rule 12(b)(6) were researched by reviewing several fundamental questions concerning this obscure Rule.


To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.