The process is underway to create a motion to dismiss in the Texas Rules of Civil Procedure. The Texas Supreme Court Advisory Committee on Nov. 18 discussed draft rules to create a motion to dismiss, pursuant to a provision in the 2011 loser-pays bill, House Bill 274. The subcommittee that created the draft rules plans to present revisions on Dec. 9, which will reflect the advisory committee’s suggested changes, says subcommittee chairman David Peeples. “It was a very helpful discussion,” says Peeples, presiding judge of the 4th Administrative Judicial Region in Bexar County. He notes that the Nov. 18 discussion lasted from 9 a.m. to 3 p.m. H.B. 274 called for creation of a motion to dismiss for claims that have “no basis in law or fact.” Peeples says much of the advisory committee’s discussion focused on how to define that phrase. The subcommittee’s draft rules say, “A claim has no basis in law when it is not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law or the establishment of new law.” They continue, “A claim has no basis in fact when no reasonable person could believe that the material allegations are true.” The subcommittee plans to tweak that section of the draft rules, says Peeples. “We’re going to go back to the drawing board on that part of it,” he says. There was more discussion at the meeting on the definition for “no basis in fact” than on the “no basis in law” portion, he says. The draft rules also addressed the timeline to file a motion to dismiss, a party’s right to amend its pleading, and the court’s award of costs and attorney’s fees to the prevailing party, among other things.

-- *Angela Morris*

, 7Solve real-world and mathematical permlobs by writing and solving equations of the form x + p = q and px = q for cases in which p, q and x are all nonnegative rational numbers. So, is the example equation on p. 4, x + 5:50 9:20, appropriate for Grade 6? How should we read these examples? Does x + p literally mean the equation of the sum of a variable and one number? Since equations of the form, px + q = r is a Grade 7 expectation, we know that we are not supposed to combine these two types in Grade 6. But, what about x + p + q = r?Still on p. 4,and still in the same paragraph, I am not sure if I like the rather than language in students find greater benefit in representing the problem algebraically by choosing variables to represent quantities, rather than attempting a direct numerical solution, since the former approach provides general methods and relieves demands on working memory. Aren't they (algebraic representations and numerical strategies) obviously related? I'm not sure if I understand the claim about relieves demands on working memory, either. I don't think students will find it any more difficult to think, well, before he paid $9.20, he had 2.30+9.20, $11.50. And this was after he got $5.50 from grandmother It seems like a benefit of an algebraic equation in a complicated process is that it suggests a numerical strategy to find the solution.Now on to p.5, and this is the last comment/question. The draft says, Students in Grade 5 began to move from viewing expressions as actions describing a calculation to viewing them as objects in their own right. This statement made me wonder what 1.OA.7, Understand the meaning of the equal sign means. In general, I wish the document will more clearly articulate the contrast between what we are expecting from students in Grades K-5 from what we should expects in Grades 6-8. As the draft note, students start using letters for unknowns in Grade 3. So, what are some of the specific differences in their understanding we are expecting? I think the more clearly and specifically the document can articulate the contrast, the more useful it will be for teachers and curriculum developers.

Posted by: Tyler | June 15, 2012 at 07:57 PM