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Civil Procedure I
Rutgers University, Newark School of Law
Leubsdorf, John


Jurisdiction: the authority of the court to make a decision over a particular matter and to make decisions on that matter

Ex parte: a proceeding commenced by one party without providing any opposing parties with notice or which is uncontested by an adverse party.

In rem: an action against property

Injunction: a court order requiring a person to do or prohibiting that person from doing a specific act.

Evidentiary Hearing: hearing pertaining to the evidence of the case

14th A: No person shall be deprived of life, liberty, or property, without the due process of law.

14th A Due Process Clause: Provides that protections mandated by the constitution and observed by the federal government are equally applicable, and therefore must be observed by the states.

Procedural Due Process: The constitutional mandate that if the state or federal government acts so as to deny a citizen of a life, liberty, or property interest the individual is first entitled to notice and the right to be heard.

Quasi-Judicial: Function of administrative officers to hear and determine matters.

Substantive due process cases à individuals are challenging state action infringements on a fundamental right rather than trying to assess the efficacy of procedural protections

Types of Relief

1) Provisional Relief

Seizure of assets (FRCP 64)
Court orders to act or not act with respect to certain assets/property (FRCP 65, American Hospital Supply – standard for preliminary injunctions)

preliminary injunctions

2) Final Relief

1. Equitable relief

Permanent Injunction

Single action – i.e. – Sara Creek not leasing to PharMor

Imposed once finding of liability

Long-term (usually very specific directions) – i.e. – school desegregation, improvement of prison conditions, improvements to institutions for persons with mental disabilities

Imposed once finding of liability
monitored by master or monitor per FRCP 53
FRCP 53(a) tells us masters are not supposed to be used frequently – limited to certain circumstances: judges should be figuring out most of this

Consent decrees (negotiated settlements between parties that the court enforces à like an injunction and a settlement agreement)

Can be entered even before a finding of liability
Parties can settle at any time
Driven by what the parties want
how different from a long-term injunction? Both can be specific; both can be enforceable by Court, since court retains jurisdiction and can punish violations.
But different because consent decree is settlement negotiated by parties; can be entered pre- or post- finding of liability. Injunction is prepared by court after finding of liability (although parties might provide input)

Declaratory Relief

Court states what the rights and obligations are between the parties
Declaratory Judgment Act – Per 28 USC 2201 and 2202, court has power to issue declaratory relief
Required that be an “actual controversy” – article 3 limits ct power to decide actual controversies to get declarative relief
Court resolves disputes between people (someone has to do something before the court will do something)
What does declaratory relief do? Declare the rights between parties

2. Legal relief – this means monetary damages.

à Token amount acknowledging harm done.
à Fundamental principle of damages is to restore the injured party, as nearly as possible, to the position he would have been in had it not been for the wrong of the other party.
à Deterrence; approbation

Law and equity

FRCP – adopted 1938. before that, two legal systems characterized by relief provided.

Courts of law à monetary damages for injuries suffered

Courts of equity à non-monetary relief – injunctions or other orders that required parties to take action

Rule 64. Seizure of Person or Property

At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the state in which the district court is held, existing at the time the remedy is sought, subject to the following qualifications: (1) any existing statute of the United States governs to the extent to which it is applicable; (2) the action in which any of the foregoing remedies is used shall be commenced and prosecuted or, if removed from a state court, shall be prosecuted after removal, pursuant to these rules. The remedies thus available include arrest, attachment, garnishment, replevin, sequestration, and other corresponding or equivalent remedies, however designated and regardless of whether by state procedure the remedy is ancillary to an action or must be obtained by an independent action.


à an order gives sheriff authority to take D’s property and bring it into custody of court for purpose of securing satisfaction in the action
civil arrest à P would obtain a court order of arrest and deliver it to the sheriff. The sheriff would then arrest the D and bring into court for a hearing; if D posts bail, D will be released and the posted bail will be used to secure any judgment that P may recover in case D later refuses to honor the judgment. (most states don’t allow this anymore – considered overly punitive)
à statutory proceeding in which person’s property, money, or credits in possession or under control of another are applied to payment of former’s debt to third party
replevin à an action whereby owner or person entitled to repossess goods or chattel may recover those goods or chattels from one who has wrongfully taken them or who wrongfully detains them
à process by which

dy inadequate at law

The parties try to negotiate out for money amt if they will arrive at same place had monetary damages been focused to begin with
Whether a remedy at law is inadequate if parties have to do it on own


Hawkins v Masters Farms (motion to dismiss for lack of subject matter jurisdiction)


Creal was killed in a car accident in Kansas, by a tractor driver by Masters Farms, a citizen of Kansas
Creal was living in Kansas with his wife and her children at the time of his death, but lived in Missouri for most of his life
Creal’s estate brought suit against Masters in federal district ct, Masters moves to dimiss, arguing that there was no complete diversity

Issue: For determining diversity jurisdiction, how do you determine what state someone is a citizen of?

Rule: A person is a citizen of the state in which they are “domiciled”, which is established by a physical presence in a place in connection with the intent to remain there.


Creal had a physical presence in Kansas, and intent to remain there as seen by his actions of moving in with his new wife and bringing over his household items.
The party seeking to invoke federal jurisdiction has the burden of proving the jurisdiction is proper


Bridges v Diesel Service (motion for sanctions- Rule 11)


– Bridges brought action against Diesel under the Americans with Disabilities Act, alleging his employer dismissed him from his job because of his disability

– the court dismissed his complaint for failure to exhaust administrative remedies

– in particular, Bridges didn’t file a charge with the EEOC until after filing this action

– Diesel moved for sanction under Rule 11

Issue: Does Rule 11 require counsel and client to investigate/research before filing suit?

Holding: Yes. Bridges’ lawyer didn’t conduct research. Brief research would have revealed the EEOC filing requirement. However, the court won’t grant sanctions. The main goal of Rule 11 is deterrence of improper conduct. Here, monetary sanctions are not necessary to deter future misconduct since Bridges’ lawyer immediately acknowledged his error and attempted to rectify the situation

Bell v Novick Transfer (motion to dismiss for failure to state claim)