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FRCP > Remedies > Flashcards

Remedies Flashcards

1
Q

Plaintiff can get any remedy even if they didn’t ask

A

Turner

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2
Q

Types of damages

A

Nominal, compensatory, punitive

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3
Q

A civil rights violation —- punitive

A

Does not alone lead to

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4
Q

Policy behind punitive damages

A

Deter and express public disapproval

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5
Q

Compensatory damages —-

A

Return P to where they were before harm

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6
Q

Exxon Shipping Holding

A

Appropriate ratio compensatory to punitive damages is 1:1

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7
Q

Takeaway from Carey

A

Due process violation itself is not a harm

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8
Q

Carey holding

A

In absence of proof of actual injury, P only gets nominal damages (for due process violation)

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9
Q

Rule from Carey- Damages are designed to..

A

Compensate victims for actual injuries caused by deprivation of rights

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10
Q

Carey dealt with what statute

A

Title 42 Civil Rights Act Section 1983

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11
Q

According to Carey what is the purpose of due process?

A

Prevent mistaken deprivation (not worth much on its own)

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12
Q

According to Carey, why is due process not worth much on its own?

A

Not every violation of it causes distress. Have to show evidence

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13
Q

The people bound under R65d2 are —

A

Parties, their agents, and those working in active concert/participation with parties/agents

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14
Q

What are preliminary injunction criteria?

A

Likelihood of success, likelihood of irreparable harm without injunction, balance of equities tips in favor, injunction in public interest

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15
Q

Permanent injunction criteria

A

success, inadequacy of monetary damages, balance of equities tips in favor, injunction in public interest

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16
Q

Walgreen Co is binding —-

A

Only in the 7th circuit

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17
Q

Walgreen Co ruled that injunctive relief was appropriate because —-

A

Damages were too speculative

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18
Q

Walgreen Co Rule

A

Choosing between remedies requires CBA of alternatives

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19
Q

Walgreen Co holding

A

Reasonable to choose permanent injunction over damages in some contract breach cases (like here)

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20
Q

What is the benefit of the injunction in Walgreen Co?

A

Shift burden of determining cost from court to parties (Walgreen knows at what price will break lease)

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21
Q

Walgreen Co is —- for when damages inadequate

A

Not the usual reasoning

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22
Q

Walgreen Co not —- injunction test but — it

A

Dispelling, evolving

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23
Q

The PLRA orders limiting prison population when

A

Crowding main issue/no other relief will remedy, extends no further than necessary to fix, narrowly drawn and substantial weight on public safety

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24
Q

Brown Holding

A

Court upheld injunction requiring reduction of CA prison population (exact plan up to state)

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25
Q

What was standard review argument in Brown

A

Clear error standard (don’t get to undo trial court fact finding) , dissent wants de novo Disagree about whether overcrowding as primary issue was Q of fact or law

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26
Q

What was reasoning for narrowly drawn in Brown

A

Just because positive effects beyond P class (sick prisoners) doesn’t mean fail narrow tailoring, all prisoners at risk

27
Q

Hall is only binding in

A

5th and 11th circuits

28
Q

De Novo meaning

A

Decide from scratch

29
Q

Questions of law from trial court are reviewed —- by appellate courts

A

De novo

30
Q

Prima facie review

A

Acknowledge record but make whatever decision you want

31
Q

Clear/plain error review

A

Error obvious on appeal, affects substantial rights, AND damages reputation of proceedings

32
Q

Affects substantial rights means..

A

Determines who wins

33
Q

Questions of fact from trial court reviewed — by appellate courts

A

Clear error standard

34
Q

Standards of review come from

A

Statutes or common law

35
Q

Abuse of discretion standard

A

Clearly against logic and facts, fact finding may be right but wrong legal decision

36
Q

(mixed Q law and fact or balancing tests) by trial court determine by appellate court using this standard

A

Abuse of Discretion

37
Q

Substantial evidence standard

A

Evidence that would allow factfinder to make the decision (doesn’t matter if you disagree or think evidence outweighed)

38
Q

Conclusive review

A

What lower court says stands

39
Q

Hall Rule

A

Court of equity have inherent jurisdiction to protect their ability to render judgment

40
Q

Hall holding

A

District court allowed to protect ability to give judgment by issuing interim injunction against undefinable class of persons

41
Q

How is Hall different from Walker

A

Hall not named party on injunction

42
Q

Hall court could restrict Hall because

A

Interfering with “property” of the court, actual notice, imperiled court ability to make binding injunction

43
Q

Hall court rules that R65 not meant to —— and FRCP

A

Limit court power to issue injunctions, incomplete codification

44
Q

What rule is at issue in Hall

A

65d, persons bound by ex parte injunction

45
Q

Winter rule

A

Preliminary injunction test (likely succeed, likely irreparable harm, balance of equities and public interest favor injunction)

46
Q

Winter holding

A

Reject preliminary injunction since equities in favor of Navy

47
Q

Winter used —- review because

A

Abuse of discretion, public safety so outweighed injunction for whales that constituted abuse

48
Q

Preliminary injunction test is not a —- because —

A

Balancing test, all must be met a minimum threshold

49
Q

Preliminary injunctions are meant to —

A

Preserve the status quo

50
Q

Winter found issue in using injunction to preserve status quo because

A

Navy had been testing there for years, what is status quo at question

51
Q

Winter found that irreparable harm must be —-

A

Likely not just possible

52
Q

What is lodestar calculation for attorney fees

A

Reasonable number of hours X reasonable rate

53
Q

What case determined lodestar calculation for attorneys fees

A

Hensley

54
Q

Venegas rule

A

Use lodestar calculation for attorney shifting rules

55
Q

Venegas holding

A

Section 1988 not cap or reasonable limit on attorney fees in general (only for shifting)

56
Q

Rule 68 says defendant can

A

Make settlement offer enforceable by court

57
Q

Rule 68d says that if jury verdict —- then P must —-

A

Lower than settlement offer, pay own costs incurred after offer

58
Q

42 U.S.C. 1988 b allows

A

Prevailing party on civil rights case to recover reasonable attorneys fees

59
Q

Marek rule

A

Attorney fees in any cost shifting scheme subject to cost shifting provision of 68

60
Q

Marek holding

A

A D not liable for post settlement offer attorneys fees under 42 U.S.C. 1988 IF judgment less than settlement offer

61
Q

Marek court says that attorneys fees are costs under 68 because

A

Plain meaning, in line with statute objectives and Congress silence on changing rules evidence

62
Q

How is Marek in line with statute aims

A

Encourages civil rights suits/settlements not necessarily litigation

63
Q

Marek dissent points out that the definition of costs in 68

A

Makes other FRCP rules with word costs inconsistent

FRCP (18 decks)

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