Civ Pro Flashcards

1
Q

How does P have standing in federal court?

A

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

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2
Q

Class action prerequisites

A

Numerosity
Commonality
Typicality
Adequacy

Dismissal/settlement needs judicial approval

Named reps need complete diversity

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3
Q

Issue preclusion
(Collateral estoppel)

A

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

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4
Q

Claim preclusion
(Res judicata)

A

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

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5
Q

Proper venue in fed court

A
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6
Q

Supplemental jurisdiction

A
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