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
– 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
o Does court have power over a nonparty in a desegregation case?
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
§ 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 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)
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
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