Cases/Definitions Flashcards
Singletary
Twombly/Iqbol
Created heightened pleading standard: Plausibility. Complaint must contain enough factual material & non conclusory statements to be plausible to survive a motion to dismiss.
Adickes
Celotex
Matsushito
Liberty Mutual
Galloway v. US
in rem injunction
a court order commanding or preventing action (injunction) in respect to the status of a thing and therefore the rights of persons generally with respect that that thing.
Due Process
14th amendment specifically sets limits on what state got’s may do
5th amendment sets limits on federal govt
14thth & 5th Amendment Breach Test
1.) State/Federal Actor
2.) something being deprived
3.) Plaintiff must be a person
4.) deprived of Life, Liberty or property
5.) Without due process of law
To honor Due process- 3 part test
1. Quantify magnitude of person’s deprivation
2. The risk of error
3. Cost*
*The impact of Mistake x Risk of Error must be balanced to the Cost of the Correction.
prima facie case
Evidentiary standard that shows the plaintiff has made their case sufficiently that defendant may proceed with defense.
exparte
done with respect to or in the interests of one side only or of an interested outside party.”the owners made an ex parte application to the High Court for a stay on the decision”
estoppel
the principle whichprecludesa person fromassertingsomething contrary to what is implied by a previous action or statement of that person or by a previouspertinentjudicialdetermination.”the case had been one of estoppel”
res judicata
a matter that has beenadjudicatedby a competent court and may not bepursuedfurther by the same parties.
12(b)(1)
1 of 7 defense claims for relief. Motion to Dismiss for Lack of subject matter jurisdiction.
