Civ Pro Flashcards
Justiciable Requirements - Standing
Whether the P is the proper person to bring the suit.
Requires P to plead and prove a concrete injury in fact traceable to the govt’s conduct in which an actual or imminent injury will be corrected by a favorable court ruling.
Requires more than a generalized grievance. The injury must be concrete and particular to the P.
P must have standing at all stages of the lawsuit
Standing requirements for a P to bring a suit on behalf of a third party
- The P also has sustained a substantial injury in fact
- Special relationship between the P and third party
- Third party hindered from protecting own interests
An association has standing to sue on behalf of its members when:
- Some of the members have standing to sue on their own
- The interest that the association seeks to protect is related to the associations underlying purpose
- Neither the claim asserted or the relief requested requires the participation of the organization’s members
Discretionary exceptions to mootness doctrine
VCR
1. case rendered moot because the defendant VOLUNTARILY but not necessarily permanently changed their position
- CLASS action - at least one other in the case still has a live case or controversy
- capable of REPETITION but evading review
Supplemental Jurisdiction Requirement
Each claim must share a COMMON NUCLEUS OF OPERATIVE FACT with the existing SMJ claim.
This is satisfied if they arise out of the same transaction or occurrence
Removal Jurisdiction
Can only be removed from state to federal court (in district where state court filed)
Only D’s can remove and must have consent by all D’s
Can’t do it if any D is a citizen of state court where filed
must remove within 30 days of service of the first removable doc (usually service of process)
Venue - requirements for proper venue
- where a substantial part of D’s actions occurred giving rise to the claim
- where the property affected by the suit is located
- where the single named D resides (or when all D’s reside in same state, then in the district of at least one, note - if the D’s reside in different states then venue isn’t proper in any of their districts)
**if none of the above exist, then where there’s PJ
Types of Personal Jurisdiction
in personam - minimum CHILI contact with state
in rem - min contact is the disputed real or personal property in that state
quasi in rem - where the min contact is the related asset attached by the sheriff which will be used to satisfy P’s money judgment
Personal Jurisdiction - 2 step analysis
Note - core concept is fairness
Step 1 - statutory requirements - looks to state law to determine if authorized to hear suit (usually long-arm will apply)
Step 2 - constitutional requirements - due process - whether the exercise of jurisdiction over the D complies with the notions of fair play and substantial justice
*burden shifts to D to show that exercise of jurisdiction would be unfair and unreasonable
Personal Jurisdiction - 2 step analysis
STEP 1 - Statutory Requirements
federal court analyzes this using state law where the fed court sits
usually state statutes will grant based on:
- service of process
- domicile of D
- consent
- long-arm statute (general long-arm: gives as much as constitution allows, limited long-arm: specifies when)
Personal Jurisdiction - 2 step analysis
STEP 2 - Constitutional Requirements
D must have MINIMUM CONTACTS with the forum state that exercising jurisdiction does not offend traditional notions of FAIR PLAY AND SUBSTANTIAL JUSTICE
Min Contacts: purposeful availment, foreseeability
FP & Sub Justice - contact relatedness to the claim, convenience, that state’s interest
**there must also be notice - notice must be reasonably calculated to apprise the interested parties of the pendency of the action and afford an opportunity to be heard
Counterclaims - Compulsory vs. Permissive
Compulsory - arises out of the same transaction or occurrence. Waived if not put in answer
Permissive - does not arise out of same transaction occurrence. not waived.
Cross-claims
D against D. Must have arisen from the same transaction or occurrence
Jury trials - min/max number of jurors
6-12
must be unanimous
Intervention - “as of right”/permissive
Someone who isn’t a party to the suit but wishes to become one
“as of right” - right conferred by statute or person has an interest in property or transaction involved
permissive - party has a claim/defense against an existing party in the lawsuit that shares a common question of law and fact and intervention won’t unduly delay proceeding. court has broad discretion.
supplemental jurisdiction not available so they need their own separate basis
Interpleader
For stakeholder threatened with multiple lawsuits. Compel all claimants to come into one.
Impleader
D brings in another party who they believe are also liable for all/part of P’s claim
courts have discretion even if it destroys jurisdiction - court has authority under supplemental. But P cant use this
Preliminary Injunction - what must show
By clear and convincing evidence a PILE of factors:
P - whether the injunction would serve the public interest
I - irreparable harm
L - likelihood P will succeed on the merits of the claim
E - equities (weighted by court) tip in P’s favor. Comparative hardship test (harm to P v harm to D)
TRO - good for 14 days
Res Judicata - claim preclusion
- AKA claim preclusion
- Affirmative defense to be raised by D
- once a claim has been brought to final judgment then all other claims arising out of same transaction are barred
Collateral Estoppel - issue preclusion
-affirmative defense by D
-mnemonic IF
-To successfully assert collateral estoppel, show IF
I - the IDENTICAL issue was previously decided in an earlier action
F - the party against whom this is being asserted had a FULL and FAIR opportunity to litigate the issue
Requirements to have court certify class action
CAN'T C - COMMONALITY (common questions of law and fact within the class) A - ADEQUATE representation of the class (due process) N - NUMEROUS - class is so numerous that joinder would not be practical (usually 40+) T - the P's claim is TYPICAL of the class
Class Action Fairness Act
-when class action is at least 100 members and is seeking greater than $5 mil in aggregate, then only minimum diversity is required (any class member diverse from any opposing member)
Types of Class Actions - Rule 23 (b)(1)
(b)(1): used where separate suits could render inconsistent judgments for the D which would be unfair; or in limited fund class action where there isn’t enough $$ to settle all claims
- class members can’t opt out
- notice flexible except when regards settlement, discontinuance, or attorney’s fees - then reasonable notice required
Types of Class Actions - Rule 23 (b)(2)
(b)(2): where relief sought is declaratory judgment or injunction (usually sought for institutional reforms - schools, prisons, medicaid benefits). EX - employment discrimination, civil rights. this is usually constitutional based
- class members can’t opt out
- notice flexible except when regards settlement, discontinuance, or attorney’s fees - then reasonable notice required
Types of Class Actions - Rule 23 (b)(3)
(b)(3) - most common type - seek money damages and large number of individuals, each with small amount.
- class members CAN opt out
- best notice possible required
- reasonable notice required when concerns settlement, discontinuance, or attorney’s fees
Standard of the process when court has to order alternative method
Reasonable calculated to give the D notice of the lawsuit
