Civil Procedure [Carlson, Fall 2011]
ATTACK OUTLINE
DUE PROCESS
· 5th Amendment – “No state shall deprive a person of life, liberty or property without due process of law.
· 14 Amendment – Expands due process to the states.
· Goldberg v. Kelly
o F: Challenged lack of hearing prior to terminating benefits.
o B: Recipients of certain government benefits cannot be deprived before a full evidentiary hearing. (Narrowed by Eldridge)
· Mathews v. Eldridge
o F: Challenged lack of hearing before terminating benefits (after Goldberg).
o B: 3 Factor test for hearings: private interest affected, risk of wrongful denial, value v. cost of added safeguards. (Narrowed the ruling in Goldberg)
· Mashaw’s Theories on Due Process (Does not agree with Eldridge decision)
o Utilitarianism – Cost/benefit. Purpose of decisional procedures is to maximize social welfare. (Eldridge)
o Individual Dignity – Moral and status dimensions of decision important as well as temporary loss of income
o Equality – Procedures should provide due process for disadvantaged classes.
o Tradition or Evolution – Predictability and economy of effort.
o Conclusion – Court has moved too far toward efficiency at the expense of justice. Court could provide a structure of values within which procedures would be reviewed; it could then demand that administrators justify their procedures within this value framework.
JURISDICTION – The ability of a court to enact laws that the government will enforce
· Federal Courts are ALWAYS courts of limited jurisdiction: Diversity or Federal Question (Constitutional issues)
· Each state has a court of general jurisdiction – Generally the Circuit Court.
· Types of Jurisdiction
o Personal – Must be minimum contact with the jurisdiction. Generally concerned with defendant.
o Subject Matter – Jurisdiction over the issue; 28 U.S.C. § 1332
§ Diversity – Must be >$75k and between states, citizens of different states, foreign entities.
· Hawkins v. Masters Farms, Inc.
o F: Hawkins (P) sued the D in Kansas federal court alleging diversity of citizenship for the estate of decedent.
o B: To establish citizenship a person must show they are domiciled within a jurisdiction with intent to remain indefinitely.
o R: 28 U.S.C. § 1332(a), Con. Art. III § 2.
PLEADINGS
The Complaint
· FRPC Rule 8 General Rules of Pleadings
o R 8(a) Claim for Relief: Requires a short plain statement of:
§ R 8(a)(1) Claim of Jurisdiction
§ R 8(a)(2) Statement of claim stating grounds for relief
§ R 8(a)(3) Statement of the relief sought (may include relief in the alternative or different types
o R 8(b) Defenses; Admissions and Denials
§ R 8(b)(1) In general. In responding to a pleading, a party must: R 8(b)(1)
· R 8(b)(1)(A) State in short, plain terms id defenses to each claim, and
· R 8(b)(1)(B) Admit or deny the allegations asserted.
§ R 8(b)(2) Must fairly respond to the substance of the claim.
§ R 8(b)(3) Can deny all charges, each charge denied specifically, or generally all but those admitted.
§ R 8(b)(4) When denying part of the claim must admit part that is true and deny the rest.
§ R 8(b)(5) Lack of knowledge counts as a denial.
§ R 8(b)(6) If a responsive pleading is required, a lack of denial is considered admission. If a responsive pleading is not required, a lack of denial is considered a denial.
o R 8(c) Affirmative Defenses
§ R 8(c)(1) In responding to a pleading, a party must state any affirmative defenses.
§ R 8(c)(2) An affirmative defense mistakenly called a counterclaim will be treated as an affirmative defense.
· Conley v. Gibson
o F: Black employees brought a class action against union for not representing them.
o B: Established that complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of supporting facts that would entitle him or her to relief.
o R: 8(a)(2) and 12(b)(6)
· Bell Atlantic v. Twombley
o F: Telephone and Internet subscribers allege a parallel conspiracy.
o B: Requirement to plead facts showing “plausible” entitlement to relief. Reverses Conley v. Gibson liberal notice pleading.
o R: 8(a)(2) and 12(b)(6)
· Iqbal v. Ashcroft
o F: Suit against AG Ashcroft and others for racial and religious discrimination after 9/11. Appealed from
A summons must be served with a copy of complaint. The plaintiff is responsible for having them served.
o R 4(c)(2) Summons must be served by any person at least 18 years old.
o R 4(c)(3) At plaintiff request, court may order service by US marshal, deputy marshal, or person appointed by court.
o R 4(d)(1) Requesting a Waiver.
o R 4(d)(2) Failure to Waive. If defendant refuses to waive without good cause he must pay for expenses (A) and (B).
o R 4(d)(3) Time to Answer complaint. 60 days after request sent if waived – 90 days if Δ outside any judicial district of US.
o R 4(d)(5) Jurisdiction and venue objections to personal jurisdiction not waived even if service is waived.
Responding to the Complaint
· FRCP Rule 12 Defenses and Objections
o R 12(a)(1) Unless another time is specified, the time for serving a responsive pleading by defendant is:
§ R 12(a)(1)(A)(i) Within 21 days after being served with the summons and complaint, or
§ R 12(a)(1)(A)(ii) If it has timely waved service under R 4(d), within 60 days after the request for waiver or within 90 days after it was sent to the defendant outside any judicial district of the U.S.
§ R 12(a)(1)(B) Party must serve an answer to a counterclaim or crossclaim within 21 days.
o R 12(a)(2) U.S. and its agencies or employees sued only in official capacity must respond in 60 days.
o R 12(b) How to Present Defenses. Defenses by Motion. Must be made before pleading.
§ R 12(b)(1) Lack of subject-matter jurisdiction
§ R 12(b)(2) Lack of personal jurisdiction. Can be waived. See R 12(h)
§ R 12(b)(3) Improper venue. Can be waived. See R 12(h)
§ R 12(b)(4) Insufficient process. Can be waived. See R 12(h)
§ R 12(b)(5) Insufficient service of process. Can be waived. See R 12(h)
