Civil Procedure - Medium Priority

Question 1

Abstention Doctrines

Answer 1

Pullman - federal courts may abstain from hearing cases arising from unsettle areas of state law

Younger - federal courts may abstain from hearing constitutional challenges to State action when doing so would interfere with state judicial proceedings

Colorado River Doctrine - federal courts may abstain from hearing cases when there are parallel state and federal litigations pending. Suits are parallel when the parties and issues in the cases are substantially the same.

Buford - abstention is appropriate only if federal adjudication would interfere with a state’s administration of a complex regulatory scheme.

Question 2

Preliminary Injuction

Answer 2

A preliminary injunction maintains the status quo pending the outcome of an action in order to protect irreparable harm to a party.

A court may issue only upon notice to the adverse party and if the moving party gives security in an amount the court deems property.

The moving party must show the likelihood of success on the merits, a likely threat of irreparable harm to the movant, the harm alleged by the movant outweighs any harm to the non-moving party and an injunction is in the public interest.

Question 3

Temporary Restraining Order

Answer 3

A TRO is an emergency remedy used to maintain the status quo pending the outcome of a hearing or application and is only available when the plaintiff will suffer immediate and irreparable harm. A TRO can only be granted for a limited amount of time, so a party must move for a preliminary injunction if it seeks to maintain the status quo pending the outcome of the action.

The moving party must show a likelihood of success on the merits, a likely threat of irreparable harm to the movant, the harm alleged by the movant outweighs any harm to the non-moving party; and an injunction is in the public interest.

Question 4

Pleadings

Answer 4

A party may amend once as of right within 21 days after service of the original pleading or a responsive pleading or pre-answer motion to the original pleading.

An amendment relates back when it asserts a claim or defense arising out of the same transaction or occurrence as the original pleading allegations or the law that provides the applicable statute of limitations allows the relation back.

Question 5

Amendment to change a party or party name

Answer 5

Relates back only if the amendment concerns the same conduct, transaction or occurrence.

Question 6

Judgment as a Matter of Law

Answer 6

May be made at any time before the case is submitted to the jury.

Question 7

Judgment as a Matter of Law

Answer 7

May be made at any time before the case is submitted to the jury.

Question 8

Claim Preclusion (Res Judicata)

Answer 8

Precludes the parties in an action from subsequently re-litigating any claim that was or could have been raised in that action. Claim preclusion has four elements:
1. Parties are identical
2. Prior judgment was rendered in court of competent jurisdiction
3 the prior action was decided on the merits; and
4 the same claim is involved in both actions.

Question 9

Issue Preclusion (Collateral Estoppel)

Answer 9

Precludes a party from attempting to retry an issue if there has been a final judgment on the merits by a court of competent jurisdiction.

Issue preclusion may be invoked if:

1. a valid and final judgment was rendered in the first action;
2. the issue is identical to the issue decided in the prior action;
3. the issue was actually litigated, determined and essential; and
4. the party against whom enforcement is sought against had a full and fair opportunity to litigate the issue in the first action.