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Civil Procedure I
University of Connecticut School of Law
Lahav, Alexandra D.

CIVIL PROCEDURE OUTLINE



CLASS 1: PROCEDURE AND COURT POWERS
–          Substantive law-  rights and duties governing daily activities of people and institutions
–          Procedure – methods by which substantive law can be enforced, typically by courts


UNITED STATES v. HALL
–          FACTS:
–           Eric Hall non-party in first case demanding desegregation of school. Never joined.
–          Following court order, sheriff and principal petition for injunctive relief to ban certain citizens from the premises
o   Court ordered to serve to Eric Hall. Injunction against black panther
o   Eric violates injunction and arrested
–          QUESTION:
o   Does court have power over a nonparty in a desegregation case?
–          ANSWER:
o   Yes
–          RATIONALE:
o   Hall violated defendant’s duty and plaintiff’s right. Keeping status quo
o   Courts of equity have jurisdiction to preserve their ability to render judgments
o   In rem jurisdiction- jurisdiction protects property and large, vague class of people
§ Must have power to issue orders over indefinable classes of people who might disrupt
o   He had notice



CLASS 2: DUE PROCESS

–          GOLBERG V. KELLY – WELFARE
o    FACTS:
§ Litigation starts with a complaint. Kelly files a complaint against Goldberg
§ Kelly receives welfare, receives notice of termination
o    Q: Does Due process require evidentiary hearing before termination begins?
o    A: Yes, but doesn’t have to be formal trial
o    RATIONALE:
o    Balance of private interest (in benefits) v state interest (in summary adjudication)
§ State – no erroneous deprivation (the respect/dignity of the individual) and interest of efficiency
·         If state pays benefits to someone not entitled, there’s no way to recoup those losses the state. (judgment proof)
o    By cutting off the benefits prior to hearing, they cut this loss, and force the party to bear the risk.
o    DUE PROCESS = timely notice and effective opportunity to defend oneself
§ Opportunity to defend must be tailored to the circumstances

*** MATHEWS V. ELDRIDGE – DISABILITY – reverses Kelly
–         Q: due process stops termination of S.S. disability before hearing?
–         A: Procedure is good as it is
–         MATHEWS TEST:
§ Private interest
§ Risk of erroneous deprivation
·          * & the value of additional procedural safeguards
§ State interest (fiscal or administrative burdens)
j

HAMDI V. RUMSFIELD
–          Court applies Mathews test and balances
–           private interests of liberty
–          government’s interest in national security as well as fiscal/administrative.



CLASS 3: PLEADINGS AND AMENDMENTS

Life of the lawsuit:
–          Complaint -> answer (motions to dismiss) (12b)-> discovery -> summary judgment -> trial -> post trial motions

RULE 12B – MOTIONS TO DISMISS

–          cause of action – events that must take place for a court to grant relief
–          First draft a complaint
o   Claim must meet all the elements required
o   Should clarify relief sought
–          Defendant answers.
o   Can bring Motion to dismiss (ex. failure to state a cause of action)
o   Affirmative defense – Defenses to plaintiff’s cause of action
o   Counterclaim – suits against plaintiff
o   Comp

s make claim of discrimination
–          petitioners motion to dismiss, failure to state a claim
–          Court à
o   Only can dismiss if it appears can prove no set of facts in support of claim
o   Claim does not require set in detail of the facts
o   JUST à Short and plain statement of claim.
§ Designed to give defendant notice of claim and grounds it rests on
§ Meant to disclose basis of claim and defense
§ Define the disputed facts and issues

BELL ATLANTIC CORP V. TWOMBLY
–          Accusation of collusion without any factual support except circumstantial evidence
–          Evidence of parallel/similar conduct. No one expands outside territory
–          Can this survive a motion to dismiss?
o   Plaintiffs can’t get evidence until discovery
–          COURT à Plausibility standard
o   Claim was still be plausible, lacking the evidence
o   Must do more than just recite elements of cause of action.
§ Needs factual allegations
–          Is this applicable just to anti-trust?
o   Rules supposed to be trans-substantive – applicable to all civil cases
o   Defendant – all cases. Plaintiff- just anti-trust

SINGLETARY V. PENN DEPARTMENT CORRECTIONS – RULE 15 ( c) (1)
– Can plaintiff substitute “unknown corrections officers” in original complaint with psychiatrist Reagan?
–          COURTà NO