MBE CIVIL PROCEDURE: Erie & Injunctions

Attorney's Fees Rules Classification

Procedural

Bankruptcy Actions Laws: Bankrupcty actions are under federal law, so ______ ______ & ______ ______ will apply

federal Substantive procedural

Burdens of Proof Classification

Substantive

Choice of Law Rules Classification

Substantive

Diversity Case Conflict of Laws The state in which the ______ ______ ______ is sitting

federal district court

Does a court always require a showing of irreperable harm for a preliminary injunction?

No, not if a party is very likely to prevail on the merits

Elements of Crime/Case Classification

Substantive

Erie Analysis First Step: Determine the law behind the primary issue, and determine whether the law is ______, ______, or something in the middle.

procedural, substantive

______ ______ Test: Does the choice of law impact the outcome of the case If so, apply state law. If so, apply state law. 3) Balance of interests: Does the state have a greater interest in having its own law applied than the federal law If so, apply the state law. If not, probably

Outcome determinative

______ ______ : Would failing to apply the state law encourage people to litigate in federal court If so, apply state law. If so, apply the state law. If not, probably

Forum shopping

______ ______ ______ : Does the state have a greater interest in having its own law applied than the federal law If so, apply the state law. If not, probably

Balance of interests

Erie Analysis Middle Law Determination (3 questions) 1) ______ ______ ______ 2) ______ ______ 3) ______ ______ ______

Outcome determinative, Forum shopping, Balance of interests

Federal Common Law Federal law created through federal judges. It applies only in a narrow category of cases, such as those involving: Admiralty & maritime; Foreign relations; Cases where US is a party; Cases between two states

Federal Common Law

Federal Question Jurisdiction does not require use of ______ ______

Erie Doctrine

Injunctions issued before the trial has ended; goal is to perserve the status quo. determinative test (Step 2).

Interlocutory Injunctions

Mandates that when there is diversity/supplemental jurisdiction, federal courts must apply: State substantive law; and Federal procedural law

Eerie Doctrine

Preliminary Injunction Duration apply federal.

entirety of the lawsuit

Preliminary Injunction Elements: D has been given ______; P will likely prevail on the merits; P will likely suffer irreparable harm w/o prelim. injunction; Balance of hardships favors an injunction; Injunction is in the public interest; and Bond to cover damages if D is wrongfully enjoined.

notice;

Can preliminary injunctions or TROs be issued without notice?

TROs only

Laws that provide a right. Examples include laws that impose a duty of care.

substantive

Statutes of Limitations Classification

Substantive

Strong State Policy Rules Remittitur (high jury verdict will be reduced); Additur (low verdict will be increased); Notice of claim requirements; Issue preclusion rules

Strong State Policy Rules

Emergency injunction that can be issued without notice to the other party if irreparable harm would result while waiting for a preliminary injunction.

Temporary Restraining Order

TRO Duration ______ days, or until a hearing for a ______ ______ is held (unless extended by court

14 preliminary injunction

TRO Grant Requirements: Specific facts demonstrate that the petitioner will suffer ______, ______ ______ w/o TRO; and Petitioner's attorney certifies, in writing, any efforts that have been made to give notice to D, and also any reasons why notice should not be required

serious, irreparable harm

The ______ ______ only applies in diversity jurisdiction, not federal question jurisdiction.

Erie Doctrine

Is the burden for harm higher for a TRO or a preliminary injunction?

TRO

If the issue is substantive, apply ______ ______

state law

If the law is procedural, apply ______ ______

federal law

If the law is something in the middle, ______ ______ ______ ______

proceed to step two

Laws that provide the process by which a case will progress. Examples include methods of serving process or time limits for filing motions.

procedural law

Is the statute of limitations procedural or substantive?

neither

Preliminary Injunction Elements: D has been given notice; P will likely prevail on the merits; P will likely suffer irreparable harm w/o prelim. injunction; Balance of hardships favors an injunction; Injunction is in the ______ ______; and Bond to cover damages if D is wrongfully enjoined.

public interest

Preliminary Injunction Elements: D has been given notice; P will likely prevail on the merits; P will likely suffer ______ ______ w/o prelim. injunction; Balance of hardships favors an injunction; Injunction is in the public interest; and Bond to cover damages if D is wrongfully enjoined.

irreparable harm