Deck 1 Flashcards
Prelimary injunction
An irreparable harm will be suffered (or serious risk of it) as we wait for a final judgment. This needs to be avoided. Avoided by a court ordering a preliminary injunction ordering D to do what is necessary to avoid the irreparable harm (usually what P wants at the end of the case).
What does the court need to find to order a preliminary injunction
1) An irreparable harm, and 2) No adequate remedy at law.
+ that there is a substantial chance that P will win (balanced against harm if they win and don’t get preliminary injunction).
Two big issues in every procedural due process case
1) There is a due process right, 2) it has been violated.
Why do we value accuracy
Not for its own sake, but to the extent that it helps prevent harms.
Goldberg factors for deciding procedure
1) Reduce risk of outcome error, 2) to protect substantive interests (private and public), and 3) costs.
How is Mathews different than Goldberg?
Look at marginal costs. Not a hearing as a whole. Won’t disturb Congress, unless Congress acting in bad faith.
Mathews is utilitarian with a marginal weighing of benefits and costs. Goldberg is rights-based balancing. Rights weigh more than dollars and cents. Rights are so important that social costs figure in in a limited way.
Outcome oriented procedure factors (Dorothy Kelly hypo)
1) reduce outcome error, 2) to protect substantive intersts, 3) costs, 4) development of good law in long run.
Process oriented procedure approach argument
This isn’t about outcome. They should be able to participate not because of impact on outcome but because participation respects their dignity. Dignity argument supports a procedure even if it increases outcome error.
Permanent injunction factors
1) (required) Whether there is a significant risk of imminent and irreparable future harm.
2) (required) P must have no adequate remedy at law.
Balancing test
3) Balance hardship to the parties.
4) Whether an injunction will serve the public interest.
5) The administrative burden on the court.
Money judgment
Not an order to D; it is an adjudication of his rights or liabilities. No one may be held in contempt for failing to pay some debt as adjudicated by the law court.
What happens if losing D does not pay a money judgment?
P (judgment creditor) must take further action to enforce judgment against D (judgment debtor). May obtain a lien against all of D’s real property, can garnish wages.
Judgment creditor can also obtain writ of execution from court directing the sheriff or similar officer to levy an asset P knows D has. Asset could be physically seized and sold at auction. Other paeople may also have interests in the asset and those secured creditors (ex. Bank with lien on a car) get money first.
Not much can be done if D doesn’t have any money to pay at any point during SoL. Up to P to keep tabs on D over the years.
What happens if losing D doesn’t follow an injunction?
Court orders injunction itself. D may be cited for contempt for failing to comply with an injunction.
Are damages and injunctions rights?
You have a right to damages. Not to an injunction. Injunction is discetionary.
What is the judge allowed to look at when responding to a motion to dismiss for failure to state a claim 12(b)(6)?
The complaint and the response to the complaint.
12(b)(6)
Dismiss for failure to state a claim.
Specific performance
Injunction in law (as opposed to equity), ordering someone to do something.
Imminence
Policy based. Don’t define. Just ask if we should or shouldn’t intervene now (for preliminary injunction).
How long does an injunction last?
Preliminary: Until the case ends.
Permanent: Lasts indefinitely until the judge decides the injunction is no longer necessary and should be dissolved (in response to D filing a motion to dissolve the injunction).
Administrative burden for preliminary injunction?
Usually doesn’t matter. Preliminary injunction won’t be complicated. Present, but not significant.
Calculation for preliminary injunction
If erroenous harm from denial is greater than the erroneous harm from granting preliminary injunction, then grant the injunction.
Consider the odds of each side winning, and the harm caused by the wrong decision in each direction.
Even if probability of winning is low you can still get a preliminary injunction if harm is high and vice versa.
When can you appeal a preliminary injunction decision?
Immediately. It is one of the only things you can appeal before the trial is over (final judgment rule).
Standard of review for fact finding
Clearly erroneous standard. Appelate court can’t reverse unless they are conviced that the DC made a clear error.
Standard of review for the law
De novo. Appelate can do this just as well as DC. If DC gets this wrong they might as well correct. This is where the real revie is. If DC gets the law right, they have a ton of discretion.
Standard for applying the law to the facts
ABuse of discretion. This is highly deferention.