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Civil Procedure I
University of Connecticut School of Law
Oquendo, Angel R.

“Bird’s Eye View”

Hamdi v. Rumsfeld
US Supreme Court (2004)

Next Friend: Hamdi is the petitioner in this case, but the father is “next friend” because the real party of interest, the petitioner, is not available. The next friend must show that the real party has a genuine claim, is not available, and that he has enough of a interest in the outcome of the case to justify brining the case to court.

Writ of Habeas Corpus: In the case of a writ of HC, the plaintiff is often referred to as a petitioner. A writ of habeas corpus is court order to produce someone who is being illegally detained. In Hamdi, the father is asking the court to order the government to produce his son or legally justify his detention. The writ here relies on the 5th and 14th Amendment, alleging that detention of Hamdi violates the 5th and 14th Amendments.

Preliminary Remedy: (remedy granted while the case is pending). Preliminary remedies ordinarily can not be appealed until the after the final decision. Sometimes, when the case involves an issue that has not been decided before by the courts and the decision is very important, a party can appeal a preliminary remedy.

Interlocutory Appeal: The government attempted to stop the case before a final decision was made on the merits of the case by the district court by making an immediate appeal of the preliminary remedies (a preliminary appeal).

Order of Production: The District Court issues an order of production for other information to conclusively prove Hamdi’s status – “In order for me to make the decision the court of appeals wants me to make, I need more information”.

Due Process: The courts holds that due process demands that a US citizen being held as an enemy combatant must be allowed to contest the factual basis of his detention before a neutral decision maker.

Banks v. Beard
US Supreme Court (2006)

Injunctive Relief: An order of the court that does not involve money. Generally, damages are preferred, but when damages are not sufficient plaintiff can attempt to convince the court that an injunction is necessary.

Procedural Difference between Injunctions and Damages: P doesn’t have a right to a jury when seeking injunction. The reason is that the Constitution says you have a right to a jury for cases at common law. Common law was a system of courts in England that survived on the United States – a special set of courts that awarded only damages. If you wanted something else besides damages, you had to go to a Court of Equity. The Constitution is referring to cases only in which you would have been awarded damages.

Magistrate: Official of the court who ran discovery.

Federalism Issues: Does a PA prison policy which bans newspapers, magazines and photos to a group of specifically dangerous inmates violate the First Amendment? No. Prison officials have established adequate

Approving rules received from the standing committee and passing those rules along to the Supreme Court.
Prescribing and publishing the procedures for the consideration of proposed rules.
Authorizing the appointment of committees to assist the Conference by recommending rules

The Standing Committees’ duties include…

Reviewing the recommendations of the advisory committees and passing these recommendations along to the Judicial Conference

Advisory Committee’s duties include…

Recommending rules to be proscribed.
Each committee consists of members of the bench and professional bar, as well as trial and appellate judges.

To make a rule recommendation, the committee making the recommendation must include the proposed rule, an explanatory note, and a written report explaining the body’s action including any minority or separate views.

§2074 Rules of procedure and evidence – submission to Congress

The Supreme Court hands over approved rules to Congress.

Unless Congress acts to reject the rule, the rule becomes a law with the passage of enough time.