Civpro A: Due Process and B: Background Flashcards
Rule 1 (hint - what are the 3 main stated goals of FRCP?)
RULE 1: “rules should be construed to secure the just, speedy, and inexpensive determination of any action and proceeding” [New lang]
due process clause
Due Process Clause: “…nor shall any State deprive any person of life, liberty, or property without due process of law” 14th amendment
what rule says how to start an action? how do you start an action?
Rule 3: commence action by filing complaint
What does Rule 3 say?
Rule 3: commence action by filing complaint
What’s Rule 4 about?
formal service of process
What do you need to serve someone and what rules specify that?
o 4a: contents: deets, signed, sealed, allegations, relief
o 4B include copy of complaint
o 4c2-3: by someone at least 18 and not a party or a marshal
How do you serve someone and what rule specifies this?
o 4e: serve by…
1: follow state law OR
2: deliver copy to individual, leave with someone of suitable age and discretion that resides there, deliver copy to someone authorized to receive service of process
How does waiver of service work? What rule sets it out?
o 4d: waiving service, defendant respond to waiver within 30 days, if service waived, gets 60 days after request sent to answer (w/in US)
When do you have to serve someone?
o 4m: serve within 90 days after complaint filed (or court must dismiss suit or order service within specified time)
How do you prove service?
4l: prove service through affidavit to court
Fuentes v. Shevin
Florida and Pennsylvania statutes allowing seizure of goods via writs of replevin ruled unconstitutional under the 14th amendment - notice and opportunity to be heard denied to Fuentes, whose stove was repossessed
Greene et al v. Lindsey
• Greene et al v. Lindsey: Group evicted due to default judgment against them, claim they didn’t get service. Held for group, posting notice on doors when evidence suggests the resident will not see it isn’t due process. Need to consider the stakes. Mail is better.
o Dissent: majority doesn’t really know if mail is better.
What were the two types of law that turned into civil procedure way later?
Common law: procedures “at law” vs. “in equity”
What was the field code?
Field code: combine equity and at law. Code Pleading asks for a “plain and concise statement of the facts”. Became rigid.
