Civil Procedure
McGeveran
Fall 2015
I. Introduction
Due Process and the Value of Procedure
Due Process Clause of 14th Amendment
No State shall . . .
deprive
any person
of life, liberty, or property,
without due process of law; . . . .
Joint Anti-Fascist Refugee Comm. v. McGrath (1951)
“No better instrument has been devised for arriving at truth than to give a person in jeopardy of a serious loss notice of the case against him and opportunity to meet it. Nor has a better way been found for generating the feeling, so important to a popular government, that justice has been done.”
CB 41-44 (Michelman and Tyler & Lind Excerpts)
Michelman’s Four Factors
Dignity
self respect of participants
Participation
parties having voice heard / “day in court”
Deterrence
setting policy for future cases
Effectuation
getting the right result
CB 32-40 (Goldberg v. Kelly)
Due Process Requirements in Goldberg
Adequate notice
Confront and cross-examine witnesses
Oral presentation of arguments and evidence
Neutral judge who gives reasons
B. Due Process and the Costs of Procedure
CB 44-52 (Mathews v. Eldridge)
CB 52-66 (Mashaw and Kaplow excerpts)
Mathews v. Eldridge
T/F: Δ’s main argument is that SSI does not trigger Due Process requirements? FALSE
Does Mathews overrule Goldberg?
No
Mathews Factors:
Private interest that will be affected by the official action
Risk of an erroneous deprivation of that interest through the procedures used and the probable value of additional or substitute procedural safeguards
Government’s interest, including the function involved and the fiscal and administrative burdens that additional or substitute procedural requirements would entail
If Mathews were precedent already, how should Goldberg be decided?
CB 66-76 (Hamdi v Rumsfeld)
Hamdi v. Rumsfeld
Is Hamdi a civil case?
YES
T/F: Govt argues Hamdi’s detention does not trigger Due Process Clause?
TRUE
Opinions in Hamdi v. Rumsfeld
Opinion
Justices
Disposition
1
Plurality
O’Connor
Rehnquist
Kennedy
Breyer
Vacate and Remand (for more DP)
2
Concurring in Part; Dissenting in Part; Concurring in Judgment
Souter
Ginsburg
Vacate and Remand (for a different reason)
3
Dissent #1
Scalia
Stevens
Reverse
4
Dissent #2
Thomas
Affirm
The Stages of Litigation
Initial Strategy [NOW]
Jurisdiction [CIV PR
ion:
Diversity: Parties from different states AND “amount in controversy” over $75,000 [28 U.S.C. § 1331]
Federal question: case “arising under” federal law [28 U.S.C. § 1332]
Pleading: The Complaint
Service of Process initiates suit
“Notice pleading” – ∏’s complaint need only put ∆ on notice
General rule: “[A] short and plain statement of the claim”
Current controversy and uncertainty
Formally heightened standards in limited cases
Motions to Dismiss the Complaint
Rule 12: ∆ can move to dismiss ∏’s complaint for various reasons, such as:
Failure to state a claim
Lack of jurisdiction
Failure to join a required party
Often these defects (or others) can be cured by amending the complaint
∆ can also move under Rule 12 for judgment on the pleadings
Pleading: Answer to the Complaint
If case survives any Rule 12 motions, ∆ must file an answer
Must admit or deny allegations in complaint
Must raise any affirmative defenses
e.g.: statute of limitations
