Civ Pro Flashcards
How does P have standing in federal court?
3 elements:
Injury in fact- actual or imminent harm that is concrete and particularized
Causation- injury is fairly traceable to D’s challenged conduct
Redressability- a favorable judicial decision will likely remedy or prevent the injury
Class action prerequisites
Numerosity
Commonality
Typicality
Adequacy
Dismissal/settlement needs judicial approval
Named reps need complete diversity
Issue preclusion
(Collateral estoppel)
Same issue of fact must arise in 2 suits
Issue must have been actually and necessarily decided in first suit by a valid and binding judgment; and
Party to be precluded must have been a party to the first suit
Claim preclusion
(Res judicata)
Final judgment on merits in first suit
Second suit must be b/w same parties or their successors in interest; and
Second suit must involve same claim or cause of action
Proper venue in fed court
Supplemental jurisdiction