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Civil Procedure Outline

Civil Procedure Outline

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Published by cjd223
An outline for my 1L Civil Procedure Class
An outline for my 1L Civil Procedure Class

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Published by: cjd223 on Sep 24, 2009
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11/08/2012

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Rule 1: Scope of Rules: To administer just, speedy, and inexpensive determination of every action.Rule 3: Commencement: A civil action is commenced when a complaint is filed.-Begins the time for things to be done, such as answer and amemdmentRule 6: Time(a): The day of the act will not be included in the time computation. The last dayof the period is included, unless it is a Saturday or Sunday, or legal holiday.When the period allowed is less than eleven days, sat, sun and legal holidays areexcluded from the computation.I.
Power and Limits to the Court’s power
A. Relevant Sources of Law:1. Rule 65(d): Intended to embody, rather than limit the courts common law powers. It cannot be read to restrict the inherent power of a court to protect its ability to render a binding judgment.B.
U.S. v. Hall:
This case interprets 65(d):1. A court has the power to punish with criminal contempt a person who is not a party to the action, but who has notice and then violates the court’s order grantinginjunctive relief.2. This case is an example of how the law limits courts’ power. Certain elementsmust be satisfied such as Hall actually having notice of the injunction before thecourt has the power to hold a person in contempt. Analysis must begrounded in law, the judge cannot just do what he thinks is right.II.
Elements and History of Due Process
 
 
A. Relevant Sources of Law:1. 14
th
amendment, 5
th
amendment: due process clause.a. It’s most basic form refers to a right to be heard before being deprivedof something.B.
Goldberg v. Kelly
: Interpretation of Due Process Clause right to be heard in relationto welfare benefits1. The amount of due process that should be given should be determined by:a. The private interest; The grievousness of the loss to the beneficiary;(are there other means of getting basic human necessities?) and b. The governmental interest; The administrative burden, gov is also benefited by uninterrupted provision of welfare benefits.2. Due process protections that should always be there in order to not violate:a. Timely pre-termination notice b. An opportunity to respond to the reasons for termination in advancec. The right to an impartial decision-maker d. An opportunity to appeal the terminatione. Other protections which may include these when the factors aboveshow a need for strong protectionsi. A right to an oral hearing before termination,ii. The opportunity to cross examine witnessesiii. Representation by counseliv. Written record of testimony
 
C.
Mathews v. Eldridge:
This case takes
Goldberg 
and adds another factor: The risk of erroneous deprivation1. The determination as to how far the due process clause extends, have to look atthese factors:a. Private interesti. Grievousness of the loss to the individual b. Governmental Interestii. The function involved and fiscal and administrative burdensthat additional substitute safeguards would entailc. The risk of erroneous deprivationi. How likely it would be that the government would make amistake according to the current process involved.D. Access to courts1.
 Boddie v. Connecticut:
Indigent plaintiff’s could not get access to the courtsfor divorce without paying a feea. Common law requires1. People be given an opportunity to be heard in the absence of anoverwhelming State interest against the opportunity2. Due Process requires that an opportunity to be given a hearingappropriate to the circumstances of the case b. Due process protects the right of an indigent, who cannot afford to paycourt fees, to access the court when the court is the only means available

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