Civ Pro

Question 1

Justiciable Requirements - Standing

Answer 1

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

Question 2

Standing requirements for a P to bring a suit on behalf of a third party

Answer 2

1. The P also has sustained a substantial injury in fact
2. Special relationship between the P and third party
3. Third party hindered from protecting own interests

Question 3

An association has standing to sue on behalf of its members when:

Answer 3

1. Some of the members have standing to sue on their own
2. The interest that the association seeks to protect is related to the associations underlying purpose
3. Neither the claim asserted or the relief requested requires the participation of the organization’s members

Question 4

Discretionary exceptions to mootness doctrine

Answer 4

VCR
1. case rendered moot because the defendant VOLUNTARILY but not necessarily permanently changed their position

2. CLASS action - at least one other in the case still has a live case or controversy
3. capable of REPETITION but evading review

Question 5

Supplemental Jurisdiction Requirement

Answer 5

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

Question 6

Removal Jurisdiction

Answer 6

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)

Question 7

Venue - requirements for proper venue

Answer 7

1. where a substantial part of D’s actions occurred giving rise to the claim
2. where the property affected by the suit is located
3. 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

Question 8

Types of Personal Jurisdiction

Answer 8

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

Question 9

Personal Jurisdiction - 2 step analysis

Answer 9

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

Question 10

Personal Jurisdiction - 2 step analysis

STEP 1 - Statutory Requirements

Answer 10

federal court analyzes this using state law where the fed court sits

usually state statutes will grant based on:

1. service of process
2. domicile of D
3. consent
4. long-arm statute (general long-arm: gives as much as constitution allows, limited long-arm: specifies when)

Question 11

Personal Jurisdiction - 2 step analysis

STEP 2 - Constitutional Requirements

Answer 11

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

Question 12

Counterclaims - Compulsory vs. Permissive

Answer 12

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.

Question 13

Cross-claims

Answer 13

D against D. Must have arisen from the same transaction or occurrence

Question 14

Jury trials - min/max number of jurors

Answer 14

6-12

must be unanimous

Question 15

Intervention - “as of right”/permissive

Answer 15

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

Question 16

Interpleader

Answer 16

For stakeholder threatened with multiple lawsuits. Compel all claimants to come into one.

Question 17

Impleader

Answer 17

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

Question 18

Preliminary Injunction - what must show

Answer 18

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

Question 19

Res Judicata - claim preclusion

Answer 19

• 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

Question 20

Collateral Estoppel - issue preclusion

Answer 20

-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

Question 21

Requirements to have court certify class action

Answer 21

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

Question 22

Class Action Fairness Act

Answer 22

-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)

Question 23

Types of Class Actions - Rule 23 (b)(1)

Answer 23

(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

Question 24

Types of Class Actions - Rule 23 (b)(2)

Answer 24

(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

Question 25

Types of Class Actions - Rule 23 (b)(3)

Answer 25

(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

Question 26

Standard of the process when court has to order alternative method

Answer 26

Reasonable calculated to give the D notice of the lawsuit