Final Need To Know

Question 1

Younger Abstention doctrine

Answer 1

Federal courts must abstain from interfering with pending state criminal prosecutions except under extraordinary circumstances. Showing of a great and immediate threat of irreparable injury due to an unconstitutional statute.

Question 2

Buford Abstention Doctrine

Answer 2

Appropriate only where there are difficult questions of state law bearing on policy problems whose importance transcends the result in the case. designed to address the case where federal review of the issues in a case would be disruptive of state efforts to establish a coherent policy with respect to a matter of substance state concern.

Question 3

Ways to avoid sovereign Immunity

Answer 3

1. State officials consent to unit in federal court or waive immunity
2. P may sue a state official in their own official capacity and requests injunctive relief to stop ongoing violations of law.
3. Congress may void state immunity from suit pursuant to a power that allows such.

Question 4

Eleventh amendment

Answer 4

The judicial Power of the United States shall not be construed to extend any sue in law or equity, commenced or prosecuted against on of the United States by citizens of state or by citizens or subjects of any foreign state.

Question 5

Under color of Law

Answer 5

Misuse of power passed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken “under color of” state law.
- Applies to any official misdeed no matter whether it deprives a person of their rights under federal or state law.
1. Actions authorized by law
2. As well as unlawful actions committed by individuals who are vested with state authority and acting under apparent authority of the state.

Question 6

42 U.S.C. 1983

Answer 6

A cause of action statute for federal wrongdoings;
* federal law allows individuals to sue state officials for violating their constitutional rights while acting under color of state law.

Question 7

Federal Common Law

Answer 7

• Spontaneous generation, as the case of gov. Contracts or interstate controversies.
• Implications of a private federal cause of action from a statute providing other sanctions
• Construiing a jurisdictional grant as a command o fashion federal laws.
• The normal judicial filing of statutory interstices.

Question 8

Rules of Decisions Act

Answer 8

Where a federal statute directly conflicts with a procedural state statute,the federal procedural rule will govern.
State law should be applied if it is outcome determinative in light of the twin aims of erie:
1. Discourage forum shopping
2. Avoid inequitable administration of laws.

Question 9

Pendent v. ancillary

Answer 9

Pendent: Claims asserted by plaintiffs only in federal question cases which do not have an independent basis for federal jurisdiction

Ancillary: Claims asserted after the filing of the original complaint that do not meet the requirements for jurisdiction.

Question 10

Types of counterclaims

Answer 10

Compulsory : Arises from same transaction or occurrence.

Permissive: Some Common issue of law/fact but typically doesn’t arise from the same transaction or occurrence.

Question 11

Requirements for supplemental Jurisdiction

Answer 11

1. determine whether the claim qualifies for supplemental jurisdiction.
2. Determine whether the claim is disqualified fr supplemental jurisdiction when the court’s original jurisdiction is based on diversity.
3. Determine whether court at its own discretion should decline to exercise supplemental jurisdiction.

Question 12

Fraudulent Joinder

Answer 12

There is no possibility that the state court plaintiff can state a cause of action against the non diverse D.

Question 13

Venue for Removal

Answer 13

Venue fr removal is proper in the federal district embracing the state court where the action was filed.

Question 14

Rule 23(a)

Answer 14

4 Requirements to form a class action:
1. Numerosity
2. Commonality
3. Typicality
4. Adequacy of Representation

Question 15

Class Actions

Answer 15

A class action begins as a single or multi plaintiff case brought by the class representatives. before the case can proceed as a class action the court use approve or certify the case for class treatment.
An aggregate of more than $5,000,000 in controversy, exclusive of interests and costs. Minimal diversity only.

Question 16

Cause of action Rule

Answer 16

a suit arises under the law that creates the cause of action.

Question 17

Federal Question Jurisdiction

Answer 17

The district courts of the UnitedStates shall have original jurisdiction of all civil actions arising under the Constitution, treaties and laws of the United States.

Question 18

Factors to determine Suspension Clause

Answer 18

1. The citizenship and status of the detainee and the adequacy of the process through which the status determination was made.
2. The nature of the sites where apprehension and then detention took place.
3. The practical obstacles inherent in resolving the pprisoner’s etitlement to the writ.

Question 19

Suspension clause

Answer 19

The privilege of the writ of habeas corpus shall not be suspended, unless in cases of rebellion or where the public safety necessitates.

Question 20

Ordain and Establish Cause

Answer 20

Art. III Section 1 provides for Congress to ordain and establish such inferior courts it deems necessary. Congress’s power to create includes the power to destroy.

Question 21

Prudential Standing

Answer 21

Must show that one is absolutely within the zone of interest of a relevant statute. Plaintiff must still have suffered an injury.

Question 22

Constitutional Standing

Answer 22

Cannot be Overriden by congress

1. Injury in fact : An invasion of a legally protected interest which is (1) concrete and particularized the injury must actually exist and must affect the plaintiff in a personal and individual way. (2) actual or imminent .
2. traceability : Whether the plaintiff’s injury arises from the defendant’s action.
3. Redressability : Whether the relief requested is likely to improve the plaintiff’s situation

Question 23

Case Or Controversy

Answer 23

Art. III oof the Constitution gives federal courts the power to only decide actual cases or controversies. This depends on standing, ripeness, Mootness, or advisory opinions.

Question 24

Pullman Abstention doctrine

Answer 24

If there’s an unsettles state law and hasn’t been fully adjudicated in state courts, federal courts have the authority to not decide on the matter. 3 elements must be present for this doctrine:
(1) both federal and state law claims involved
(20 state law courts have not decidedly ruled on issue ( unsettled or unambiguous)
(3) if the state law claim is resolved, it would potentially resolve the matter. 9 Important state Function )

Question 25

Outcome determinative test

Answer 25

A federal court determines whether a state law must be followed if the outcome would be identical utilizing federal rules.

Question 26

anti Injunction statute

Answer 26

Federal court may not grant an injunction to stay the state court proceedings except may be: - expressly authorized by Congress - in aid of its jurisdiction - Re-litigation issue.

Question 27

Gibbs Test

Answer 27

Supplemental jurisdiction the court may decline to exercise even if it arises in every decision . Claims asserted by P ONLY in federal question cases which doesn’t have an independent basis for federal subject matter jurisdiction .

Question 28

Ex parte Young

Answer 28

Federal Courts typically cannot enjoin state criminal proceedings. However if federal action is started prior to state proceedings the federal court holds jurisidiction in both civil and criminal matters. Federal Courts may not interfere in a case where state criminal proceedings are commenced prior to the federal actions.

Question 29

Colorado Abstention doctrine

Answer 29

Applies where Parallel litigation is being carried out, particularly where federal and state court proceedings are simutaneously being carried out to determine rights of the parties with respect to the same questions.

Question 30

Rule 24

Answer 30

Intervention is permitted as a matter of right and when permission from the court is needed.

Question 31

Rule 19

Answer 31

Parties must be joined of feasible and providing courts guidance on whether to allow a case to go forward when a necessary party cannot be joined.

Question 32

Permissive Joinder

Answer 32

When parties may but are not required to join additional parties where the claims arise out of the same series i=or transactions or occurrence and involve CNOF

Question 33

Impleader

Answer 33

Claims asserted by P against person made parties under Rule 14.

Question 34

Qualified Immunity

Answer 34

Government Officials are shielded by civil liability if they are performing discretionary functions that do not violate clearly established statutory or constitutional rights of which a reasonable person should have known.

Question 35

Absolute Immunity

Answer 35

Gov’t Officials performing special functions or constitutional status afforded complete protection from suits. - judges, police officers while in court testifying, prosecutors when performing a variety oof function in court but not outside, legislators when communicating with other legislature butt not during press release.

Question 36

Well Pleaded Complaint Rule

Answer 36

In order for federal court to have jurisdiction to hear a case, the suit must arise under the Constitution and laws of the U.S. and must be within the plaintiff’s original claim. The mere allegation of an anticipated defense that arises by some provision of the constitution does not create a federal question giving a federal court jurisdiction.

Question 37

Erie Doctrine

Answer 37

A federal court exercising diversity jurisdiction over a claim based on a sate created right or obligation must apply the substantive law of the defines how the facts in the case will be handled, as well as the elements. To a crime. In essence, it deals with the substance of the matter. Procedural law concerns the manner and means by which the right to recover is enforced.