Civil Procedure Outline
2/6/07
1) Civil Procedure
a) the methods we use to work through cases
b) civil means non-criminal
i) remedies include monetary compensation or injunction
ii) often parties are private, but sometimes one can be government
c) procedure is meant to contrast with substance
i) procedure concentrates on the methods by which the substantive law can be enforced by courts
d) FRCP permits Plaintiffs and Defendants to construct lawsuits that vary the bipolar two-party lawsuit structure through devices such as joinder, intervention, class action, and interpleader
e) Jurisdiction – Federal Courts have limited jurisdiction, have to receive jurisdiction
i) Subject matter – any case that deals with federal questions
(1) Diversity – all plaintiffs are from different states and there is over $75,000 in controversy
ii) Personal Jurisdiction – the Court selected by the plaintiff must have authority to direct the defendant to appear and to bind the defendant with a judgment.
f) Doctrines governing a right to a hearing and what a hearing must include interpret the Due Process Clause of the 14th Amendment of the US Constitution
i) Personal jurisdiction issues arise from the DPC of the 5th and 14th Amendments as well as interpretations of state statutes.
Goldberg v. Kelly
Rule Governing Case:
Rule 8, General Rules for Pleading
àneed short and plain statement of jurisdiction, short and plain statement of claim ànotice pleading,
(e) Pleading to be Concise and Direct; Consistency
(1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.
Rule 23. Class Actions (a) Prerequisites to a Class Action.
One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
~Subject Matter Jurisdiction àfederal question case – violation of privileges and immunities under 14th Amendment and Social Security Act
~Claim is brought in an action for all recipients of public assistant who are similarly situated
àMr. Kelly is arguing that the failure to provide a prior notice and hearing is what violates due process
(SO, does this violate Due Process and if so, then what process is due?)
~Remedies
à “an injunction and declaratory judgment restraining the enforcement of, and declaring unconstitutional the aforesaid state statutes and statewide rules and regulations, on their face and as applied and interpreted by defendants”
~Party represented by typically named plaintiffs in paragraph four, all have different facts but same law in common
àfacts are sympathetic to plaintiff – Mr. Kelly is victim of hit and run, unable to work, ordered to move out of hotel into new hotel with drug dealers and drunkards, because he did not comply with order aid is discontinued.
~Supreme Court Decision
àIssue: question for decision is whether a State that terminates public assistance payments to a particular recipient without aff
hat process is due prior to the initial termination of benefits, pending review.
à Process in place prior to decision: award of benefits, questionnaire from state about need to receive benefits, responded that he still could not work and was disabled, but state sent back notice that he no longer needed benefits and they had been terminated. (subsequent notice) Eldridge sent written response, and then state agency made its final determination that he had ceased to be disabled. Eldridge then brought suit.
àTest in place: 1. the private interest that will be affected by the official action. 2. the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards.
3. the governments interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.
àMajority says: distinction between disability and welfare benefits. If you can’t work, then there are still public assistance (welfare) benefits to provide for disabled. If you have assets, then disabled must spend down assets, but even then you still have safety net of welfare benefits.
**not about whether or not Eldridge gets benefits he wants, but what process he is due**
àDissent says: focuses on private interest part of the test.
Practice Exercise #1
1. mediation, prior notice, reasonableness
unequal power balance
