Civ Pro Mnemonics Flashcards
Judicial Review - Considerations
RAMPS
Ripeness
Abstinence/Advisory Opinions
Mootness
Political Question
Standing
Dormant Commerce Clause
RUDe
Regulates out-of-state activity
Unduly Burdensome
Discriminates agst. out-of-state competition.
Preemption
MICE
Mutually Exclusive
Impedes Fed’l Objective
Clear attempt to Preempt field
Express preemption
Obscenity
PAP
Patently Offensive
Artistic Value Lacking
Prurient Interest
Congressional ability to regulate Interstate Commerce
ICES
INSTRUMENTALITIES
CHANNELS
ECONOMIC activities w/ a SUBSTANTIAL effect on IC
Time, Place, & Manner
CAN
Content Neutral (facially and as applied)
Alternative Channels of Communication
Narrowly tailored to achieve a significant gov’t interest.
Regulatory Taking
BEE
Balancing interests of state v. indv.;
Economic Impact
Expectations - investment-backed.
Over what areas does SCOTUS have Original Jurisdiction?
PACS
Public Ministers
Ambassadors
Consuls
State as a Party
Leading questions only allowed if the witness is HAIRY
HAIRY
Hostile
Adverse party
Identified or associated with adverse party
Recall (cannot recall events end recollection needs to be refreshed)
Young or old, so a communication issue exists
**Expert witnesses
**
Judge looks to see if they wear a
CRAPE
Confirmed by testing
Reviewed by peers
Accepted (widely accepted theory in the profession)
Published
Error (potential rate of)
Erie: If you can’t tell if law is substantive or procedural, what 3 Qs to ask to determine what law to apply?
FOB
FOB
Forum shopping
Outcome determinative
Balance of interests (Does the state have a greater interst in having its own law applied then the fed’l law?
**Erie doctrine - when to use state law
**
PIPS
Privileges
Incompetency of witnesses
Presumptions and inferences
SOL
Final Judgment Rule Exceptions
ICE PICC
Injunction
Controlling Issue
Extraordinary Writ
Partial Final Judgment
Important collateral issues (Collateral-order doctrine)
Certification by District Court
Class action certification
What does the court consider prior to granting a preliminary injunction?
HELP
Harm (to Pl if not granted)
Evaluation of injuries (Pl’s harm v. D’s harm)
Likelihood of prevailing (Will Pl. prevail on the merits?)
public interest
standing = RIC
r - redress
i - injury in fact
c - causation
“SUH” = MAKES WORK PRODUCT DISCOVERABLE
S - SUBSTANTIAL NEED
U - UNDUE
H - HARDSHIP
“LIE” - PRELIM INJUNCTION REQS
L - likelihood of sucess on merits
i - irrep harm
e - equit balancing test - favors pl.
PIANO = COLLATERAL ESTOPPEL (ISSUE PRECLUSION)
Party in prior lawsuit
Identical Issue
Actually litigated and determined
Necessarily determined
Opportunity to litigate
CID = EXCEPTIONS TO FINAL JUDG RULE
C = Class actions
I = Injunctions
D = Debatable questions of controlling law
DUI = COLLATERAL ORDER DOCTRINE
D = Distinct from the merits of the case
U = Unreviewable if parties waited for final judgment
I = Important
PURR - WITNESS REQUIREMENTS TO TESTIFY
P- PERSONALLY perceived the event; except for a witness’s expert testimony
U- UNDERSTAND and take the oath or affirmation
R- REMEMBER the event
R- be able to RECALL the event on the stand
Appeal without a final judgment allowed when (exceptions to the final judgment rule)
In Certain Circumstances, An Appeal Can Be Made Prematurely
Injunction
Certification by District Court
Class action certification
Appointment of receiver
Admirality case
Collateral order doctrine
Bankruptcy
Mandamus
Patent infringement order
