Civil Procedure midterm

What is the core of procedural due process?

Notice and an opportunity to be heard.

Which constitutional amendments anchor procedural due process?

The Fifth Amendment applies to the federal government; the Fourteenth Amendment applies to state government.

What is 42 U.S.C. § 1983 used for in this outline?

It is identified as a vehicle for claims involving constitutional violations by state actors.

What does FRCP 1 say?

The rules should be construed, administered, and employed to secure the just, speedy, and inexpensive determination of every action.

What kinds of safeguards can procedural due process include?

Notice; counsel where required; an accessible hearing at an appropriate time and place; confrontation; a neutral decision-maker; and judicial review.

What are the four parts of the Mathews v. Eldridge balancing test?

(1) Private interest affected; (2) government function and burden; (3) risk of erroneous deprivation under existing procedures; and (4) probable value of additional safeguards.

What did Mathews v. Eldridge establish?

Procedural due process is assessed by balancing the private interest, government interests/burdens, risk of error, and value of added safeguards.

What did Hamdi v. Rumsfeld (2004) hold?

A U.S. citizen detained as an enemy combatant must have a meaningful opportunity to contest detention before a neutral decision-maker.

What did the Scalia/Stevens dissent in Hamdi argue, according to the outline?

The government should charge the citizen or release him, with criminal-process safeguards.

What did Justice Thomas's Hamdi dissent argue, according to the outline?

National-security concerns should not be handled through ordinary Mathews balancing.

What did Jenkins v. City of Jennings (2015) hold?

Jailing people for unpaid fines without assessing ability to pay or considering alternatives violates due process; fair procedures are required before incarceration.

What is the difference between ex ante and ex post process?

Ex ante process occurs before the deprivation; ex post process occurs after it.

What is the difference between actual and constructive notice?

Actual notice reaches the person; constructive notice is legally treated as notice even if the person may not actually learn of it.

What did Sniadach v. Family Finance Corp. (1969) establish?

Garnishing wages before a hearing generally requires notice and an opportunity to be heard before the deprivation.

What did Fuentes v. Shevin (1972) hold?

Seizing purchased goods, such as a stove or stereo, without prior notice and an opportunity to be heard violated due process.

What did Mitchell v. W.T. Grant (1974) allow?

A seizure followed by a prompt post-seizure hearing where safeguards included judicial involvement, a bond, and a prompt hearing.

What is the rule from Mullane v. Central Hanover Bank (1950)?

Notice must be reasonably calculated, under the circumstances, to inform interested parties and give them a chance to present objections.

What did Greene v. Lindsey (1982) require?

The chosen method of service must be reasonably likely to inform the affected person and provide a chance to present their case.

What did Jones v. Flowers (2006) require?

When the government learns its chosen notice failed, it must take additional reasonable steps if practicable.

What must a summons contain under FRCP 4, as summarized in the outline?

The court and parties, be directed to the defendant, name/address the plaintiff's attorney or unrepresented plaintiff, state the response time, warn of default, and bear the clerk's signature and court seal.

Who may serve a summons and complaint under FRCP 4(c)?

A person who is at least 18 and not a party.

What does FRCP 4(d)(3) say about the response time after waiving service?

The defendant generally has 60 days from the request to return the waiver, or 90 days if the defendant is outside any U.S. judicial district.

What service methods for an individual are listed in FRCP 4(e)(1) in the outline?

Personal delivery; leaving copies at the person's dwelling/usual place of abode with a resident of suitable age and discretion; or delivery to an authorized agent. The outline also notes methods permitted by applicable state law.

What does FRCP 4(l) address?

Proof of service.

What is the service deadline under FRCP 4(m), according to the outline?

Generally 90 days after filing the complaint; the court must extend time for good cause.

What did Gagnon v. Scarpelli (1973) hold?

There is no automatic right to appointed counsel in every probation-revocation case; the need for counsel is assessed case by case based on fairness.

What did Lassiter v. Department of Social Services (1981) hold?

Indigent parents do not automatically have a right to appointed counsel in parental-termination cases; the circumstances determine whether due process requires counsel.

When might Lassiter require appointed counsel, according to the outline?

Where the parent's interests are strongest, the state's interests are weakest, and the risk of error is at its peak.

What did Turner v. Rogers (2011) hold?

There is no categorical right to counsel in civil-contempt proceedings that may lead to incarceration, but adequate alternative safeguards are needed.

What safeguards does Turner v. Rogers identify in the outline?

Notice that ability to pay is critical; a financial-information form; an opportunity to respond; and an express finding about ability to pay.

What pleadings are allowed under FRCP 7(a), as covered in the outline?

The rule lists the permitted pleadings, including a complaint and answer, answers to certain counterclaims and crossclaims, third-party pleadings, and a reply if ordered.

What three things must a complaint include under FRCP 8(a)?

A short and plain statement of jurisdictional grounds (unless already established); a short and plain statement showing entitlement to relief; and a demand for relief.

What does FRCP 8(d) require or permit?

Pleadings should be concise and direct; a party may plead alternative or inconsistent claims/defenses.

What did Conley v. Gibson (1957) say about pleading sufficiency?

Under the older standard, a complaint should not be dismissed unless it appeared the plaintiff could prove no set of facts supporting a claim that would entitle them to relief.

What did Bell Atlantic Corp. v. Twombly (2007) change?

A complaint must allege enough facts to make the claim plausible, not merely speculative; the Court emphasized screening against costly discovery based on inadequate allegations.

What did Ashcroft v. Iqbal (2009) hold about plausibility?

Nonconclusory factual allegations must plausibly support relief, and Twombly's plausibility standard applies beyond antitrust cases.

What did Johnson v. City of Shelby (2014) clarify?

A plaintiff need not identify a specific legal theory or statute in the complaint if the factual allegations state a claim for relief.

What does FRCP 8(b) require in an answer?

Respond to each allegation by admitting or denying it; denials must fairly respond to the substance of the allegation.

How does FRCP 8(b) treat a partial denial?

Admit the part that is true and deny the remainder.

What does FRCP 8(c) require?

Affirmative defenses must be stated, such as assumption of risk, contributory negligence, duress, estoppel, fraud, illegality, and statute of limitations.

When is an answer generally due under FRCP 12(a)(1), according to the outline?

Within 21 days after being served with the summons and complaint.

Which defenses can be raised under FRCP 12(b)(1)-(3)?

Lack of subject-matter jurisdiction, lack of personal jurisdiction, and improper venue.

What do FRCP 12(b)(4), 12(b)(5), and 12(b)(6) address?

12(b)(4): insufficient process; 12(b)(5): insufficient service of process; 12(b)(6): failure to state a claim upon which relief can be granted.

What is a counterclaim?

An independent claim asserted by a defendant against a plaintiff in the answer.

What did Fuentes v. Tucker (1947) say about an issue removed by an admission?

If an issue is removed from controversy by an admission in the answer, it is no longer in controversy for trial and evidence on that issue should not be presented.

What did Zielinski v. Philadelphia Piers (1956) establish?

A denial must fairly respond to the substance of the allegation.

When is summary judgment appropriate under FRCP 56(a)?

When there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

What is the basic burden framework under FRCP 56(c), as summarized in the outline?

The movant has an initial burden; the nonmovant must identify specific facts showing a genuine issue rather than relying only on the pleadings.

What can happen if an affidavit/declaration is submitted in bad faith or solely for delay under FRCP 56(h)?

The court may order the submitting party to pay the other side's reasonable expenses and may impose contempt or other appropriate sanctions.

What did Scott v. Harris (2007) hold about a nonmovant's version of events?

The court views facts for the nonmovant unless the record, such as a video, so clearly contradicts that account that no reasonable jury could accept it.

What did Tolan v. Cotton (2014) emphasize?

Evidence must be viewed in the light most favorable to the nonmovant; the court erred by resolving factual inferences in the movant's favor.

What are the core certifications under FRCP 11?

A filing is not for an improper purpose; legal contentions are nonfrivolous; factual contentions have or are likely to have evidentiary support; and denials are warranted.

Who may be sanctioned under FRCP 11?

An attorney, law firm, or party responsible for the violation, subject to the rule's limitations.

What forms can an FRCP 11 sanction take?

A nonmonetary directive, a penalty paid to the court, or—when warranted—payment of the other side's reasonable attorney fees and expenses.

What is the FRCP 11 safe-harbor procedure?

Serve the sanctions motion on the opposing party and wait 21 days before filing it, allowing the challenged paper to be corrected or withdrawn.

Must a court impose sanctions whenever FRCP 11 is violated?

No. The outline notes that sanctions are not mandatory.

What must an FRCP 11 sanctions order do?

Describe the conduct that violated the rule and the basis for the sanction.

What types of injunctions are covered by FRCP 65 in the outline?

Temporary restraining orders, preliminary injunctions, and permanent injunctions; the outline flags notice, hearing, and security requirements.

What did Walker v. Birmingham (1967) establish?

An injunction generally must be obeyed until reversed, even if allegedly erroneous; the party should challenge it through the courts. This is the collateral-bar rule, subject to the outline's noted exception for transparently invalid orders.

What are the two main steps for personal jurisdiction in the outline?

First, determine whether the state long-arm statute reaches the defendant; second, determine whether exercising jurisdiction is constitutional.

What are the main categories or bases for personal jurisdiction listed in the outline?

Specific jurisdiction, general jurisdiction, physical presence/service, consent, and property-related jurisdiction.

What is specific personal jurisdiction?

Jurisdiction where the suit arises out of or relates to the defendant's forum contacts, subject to minimum-contacts and fairness analysis.

What is general personal jurisdiction?

Jurisdiction over a defendant that is essentially at home in the forum.

What is the outline's basic minimum-contacts analysis?

Assess purposeful availment/contacts, whether the suit arises out of or relates to those contacts, and whether exercising jurisdiction is fair.

What fairness factors are listed in the outline?

Burden on defendant; forum state's interest; plaintiff's interest in convenient and effective relief; interstate efficiency/evidence/witnesses; and shared social policies.

What does the outline say about presence, consent, and property?

They are additional jurisdictional bases and are not neatly classified as general or specific jurisdiction.

What did Burnham v. Superior Court (1990) hold?

Service on a defendant while physically present in the state supports personal jurisdiction.

What competing views about transient jurisdiction are noted for Burnham?

Scalia emphasized physical presence; Brennan used a minimum-contacts framing; White noted intent as relevant.

What is the property-jurisdiction principle noted in the outline under "Shaher v. Heitner (1977)"?

Property supports jurisdiction when it is the source of the controversy or the suit relates to rights/duties of ownership; otherwise minimum contacts are needed.

What did Carnival Cruise Lines v. Shute (1991) hold?

A forum-selection clause can be prima facie valid and enforceable even if not individually negotiated, if fundamentally fair.

What fairness considerations does the outline associate with forum-selection clauses?

Whether the clause was freely negotiated; whether fraud, undue influence, or overweening bargaining power was present; and whether the plaintiff is effectively deprived of a forum.

What did International Shoe Co. v. Washington (1945) establish?

A state may exercise jurisdiction over an absent defendant when the defendant has sufficient minimum contacts with the forum; the company's salesmen in Washington were sufficient in the case.

What did McGee v. International Life Insurance (1957) hold?

A single insurance policy with a California resident could support jurisdiction where the insurer knew the policyholder lived in California.

What did Gray v. American Radiator (1961) suggest about product distribution?

A manufacturer choosing national distribution may face jurisdiction in states where its product causes harm.

What did Hanson v. Denckla (1958) require?

Purposeful availment by the defendant; the plaintiff's unilateral activity or relocation is not enough.

What did Kulko v. Superior Court (1978) hold?

A father's acquiescence in his children moving to California, by itself, was insufficient for personal jurisdiction.

What did World-Wide Volkswagen Corp. v. Woodson (1980) hold?

Foreseeability that a product might travel to a state is not enough by itself; the product had not left the distribution chain in Oklahoma.

What did Keeton v. Hustler Magazine (1984) hold?

Regular magazine distribution in New Hampshire supported jurisdiction even though the plaintiff was from New York.

What did Calder v. Jones (1984) emphasize?

Intentional tortious conduct directed at a forum resident, with harm felt in the forum, is relevant to jurisdiction.

What did Walden v. Fiore (2014) hold?

The plaintiff cannot be the only link between the defendant and the forum; the defendant's own forum-directed contacts matter.

What additional conduct is listed in the outline for the stream-of-commerce-plus approach?

Designing a product for the forum market, customer service, targeted advertising, or using agents in the forum.

What did Ford Motor Co. v. Montana (2021) hold?

Specific jurisdiction existed where Ford systematically served the forum market and the claims related to the vehicles, even though those particular vehicles were not originally purchased in the state.

What did Bristol-Myers Squibb Co. v. Superior Court of California (2017) hold?

California lacked specific jurisdiction over nonresident plaintiffs' claims that did not arise from the company's California contacts.

What did J. McIntyre Machinery, Ltd. v. Nicastro (2011) emphasize?

The defendant must purposefully avail itself of the forum state; targeting the U.S. market generally is not necessarily enough.

What did Burger King Corp. v. Rudzewicz (1985) say to consider for purposeful availment?

Prior negotiations, contemplated future consequences, course of dealing, and contract terms; a choice-of-law clause is a contact but is not dispositive.

What was the Zippo v. Zippo Dot Com (1997) approach?

A sliding scale that considers website interactivity and commercial dealings with forum residents; the outline notes the test can be outdated or difficult to apply.

What did Toys "R" Us v. Step Two (2003) hold?

An interactive commercial website alone was insufficient without additional internet or non-internet contacts showing purposeful availment.

Where is a corporation generally considered "at home" under the outline?

At its place of incorporation and principal place of business, with only an exceptional comparable connection potentially supporting jurisdiction elsewhere; consent may also matter.

What did Perkins v. Benguet Consolidated Mining Co. (1952) hold?

A corporation could be treated as at home in Ohio temporarily because its president ran the company's activities there, including office and supervisory functions.

What did Helicopteros Nacionales de Colombia v. Hall (1984) hold?

Texas contracts, equipment purchases, and training were insufficient for general jurisdiction when the claims were unrelated to those contacts.

What did Goodyear Dunlop Tires Operations, S.A. v. Brown (2011) hold?

Foreign subsidiaries were not at home in the forum merely because their products were distributed there.

What did Daimler AG v. Bauman (2014) hold?

Sales and subsidiary contacts did not make the corporation at home in the forum; otherwise, corporations could be sued essentially everywhere.

What did Mallory v. Norfolk Southern Railway Co. (2023) hold as described in the outline?

Registering to do business in Pennsylvania under its statute counted as consent to personal jurisdiction; the outline states due process did not prohibit that state requirement.

What sequence should you use to analyze a personal-jurisdiction problem?

Check the long-arm statute; identify the basis (general, specific, presence, consent, or property); for specific jurisdiction assess purposeful availment, relatedness, and fairness; for general jurisdiction ask whether the defendant is essentially at home.

What is the key difference between Conley and Twombly/Iqbal?

Conley used the older "no set of facts" formulation; Twombly and Iqbal require enough nonconclusory factual matter to make entitlement to relief plausible.

When a procedure deprives someone of property before a hearing, what should you ask?

Identify the private interest, the risk of error under the existing procedure, the value of added safeguards, and the government's function/burden; then compare relevant notice-and-hearing cases.

Mathews v. Eldridge (1976) — What is the test and what does it balance?

Three-factor balancing test: (1) private interest affected; (2) risk of erroneous deprivation under existing procedures and probable value of added safeguards; and (3) government interest/function, including fiscal and administrative burdens. Use it to determine what process is due.

Hamdi v. Rumsfeld (2004) — What was the key holding?

A U.S. citizen detained as an enemy combatant must receive notice of the factual basis for detention and a fair opportunity to rebut the government's assertions before a neutral decision-maker.

Hamdi — What did the Scalia/Stevens dissent argue?

The citizen should be charged or released; the dissent favored criminal-process safeguards rather than the plurality's tailored process.

Hamdi — What did Justice Thomas's dissent emphasize?

The outline frames Thomas as opposing ordinary balancing in the national-security context and deferring more strongly to the political branches.