Law 610A -Civil Procedure 1L with Complete
Solutions
Due Process - ANSWER-fair treatment through normal judicial system, process and
not the substance
Ct v. Doehr Due Process Findings - ANSWER-- 3 step analysis (Matthews test)
- prejudgment atttachment w/out prior notice and opportunity for hearing violates
DP in 14th
Mathew's Test (DP) - ANSWER-1. private interests that will be affected
2. risk of erroneous deprivation
3. government's interest
District Courts - ANSWER-- trial courts
- 94
- larger populous states have more
- fed district courts have limited jurisdiction
Circuit Courts - ANSWER-- Appeals
- 13 in total, historically bound
Civil Law Suit Timeline - ANSWER-Considerations before filing -> P files complain -
> D responds -> discovery -> summary judgment motion -> trial -> judgment ->
appeal -> preclusion
Burdens of Proof in Pleading/ PF case - ANSWER-- no burden of proof in pleading; P
carries all burdens
- don't need plading req to plead something you might never have to prove - don't
need more detail (McDonnell)
- PF case is evidence before trial is enough to prove case unless theres substantial
contradictory evidence presented in trial
Pleading Rule and Requirements - ANSWER-8(a)(2)
Don't need specific facts to establish case; only short and plain statement of the
claim showing the pleader is entitled to relief
(Sorema)
Heightened Pleading Rule and Standard - ANSWER-9(b)
Fraud or mistake
Must specify each statement and state with particularity
(SNESL -> at pleading stage, although it was about fraud, there is no need to
include evidence/papers showing fraud. those can be ignored/thrown out and the
,case can still continue as long as the pleading is more specific about the potential
fraud)
Who? What? When?
Heightened Pleading under 9c - ANSWER-for statement of mind, specify about
EACH statement
Rule 10 Naming Parties - ANSWER-Title must name all parties ONLY in 1st
complaint; all others do not need to name all parties
Twombly - ANSWER-Plausibility
Bring in only enough facts in pleading to state claim of relief that is plausible on the
face - correlation doesn't show causation
Show causal link
8(a)
Iqbal 2 Step Analysis - ANSWER-For pleadings:
1. Determine which allegations are nonconclusory, remove conclusory ones
2. Is claim plausible on its face when you assume remaining nonconclusory
allegations are true?
Can't go fishing if it's not plausible there's fish in the pond
Conclusory Statements - ANSWER-no backing, provides legal conclusion, naked
assertions
ex. His accusation harmed my reputation
Nonconclusory Statements - ANSWER-offers information for interpretation, gives
more information about the potential issue, no legal conclusions
Ex. I didn't plagiarize, Plagiarism is a very serious charge in academia
Twiqbal - ANSWER-if there's factual insufficiency then must show plausibility
What must be required with rule 12 motion? - ANSWER-12b motion to dismiss BUT
if you choose an answer instead, don't need to include 12b motion
What 12b motions are waivable and why:? - ANSWER-2-5
12h1 shows that if you don't bring them at your first opportunity or you fail to
make it by motion or in an amended pleading, then you can't bring it later
Which 12b motions can you raise durable and under what rule? - ANSWER-12b6
and 12b7 by 12h2 in any pleading, motion, or trial
Wee Care and 12b6 - ANSWER-Use this one when there isn't enough info to make a
claim; failure to state claim to relief that is PLAUSIBLE on its face. Can't make
, naked assertions
Legal insufficiency v. factual insufficiency - ANSWER-Legal: look at law; ex: due
process
Factual: look at Twiqbal; requires plausibility; ex: discrimination
12h - ANSWER-Waive 12b2-5 if not asserted in initial motion because you should
have known these before you (D) chose to answer/move to dismiss
When is the latest you can bring a 12b6? - ANSWER-any time before jury is asked
to deliberate
What is never waived in 12b? - ANSWER-Subject Matter jurisdiction is never waived
under 12h3 because this is personal to the court about the court being able to hear
the case or not
Reqs and Rule for D to file answer - ANSWER-8b/8c
admit/deny allegations
lacking knowledge sufficient acts as denial
respond to every allegation
provide notice of defenses (affirmative defenses brings along a burden and are not
used to deny allegations)
must plead short and plain statement of each defense
Amend and Supplement Pleadings Rule - ANSWER-15
Aquaslide
Look for evidence of bad faith, prejudice, and undue delay that would be sufficient
NOT to grant motion to amend
Relate Back Rule - ANSWER-15c
Worthington
Can relate back to date of original complaint if there is a MISTAKE
Don't have to relate back if it is within the statute of limitations
Doesn't allow relating back when there is lack of knowledge of proper party (can't
substitute parties by new ones when you find out later who the real D is) --> but
can relate back if you made a MISTAKE in misspelling the parties' names
Rule 11 Sanctions - ANSWER-don't apply to discovery but applies to everything else
Safe Harbor Provision - ANSWER-Rule 11 Sanctions
Motion served on offending counsel 21 days before filing it with court -> gives them
opportunity to withdraw offending party to avoid sanctions
Can't make motion to dismiss and impose sanctions in one motion
Only sanction lawyer, not the represented party
When is the latest you can file rule 11 sanctions? - ANSWER-at least 21 days before
conclusion of case or judicial rejection of offending contention
Solutions
Due Process - ANSWER-fair treatment through normal judicial system, process and
not the substance
Ct v. Doehr Due Process Findings - ANSWER-- 3 step analysis (Matthews test)
- prejudgment atttachment w/out prior notice and opportunity for hearing violates
DP in 14th
Mathew's Test (DP) - ANSWER-1. private interests that will be affected
2. risk of erroneous deprivation
3. government's interest
District Courts - ANSWER-- trial courts
- 94
- larger populous states have more
- fed district courts have limited jurisdiction
Circuit Courts - ANSWER-- Appeals
- 13 in total, historically bound
Civil Law Suit Timeline - ANSWER-Considerations before filing -> P files complain -
> D responds -> discovery -> summary judgment motion -> trial -> judgment ->
appeal -> preclusion
Burdens of Proof in Pleading/ PF case - ANSWER-- no burden of proof in pleading; P
carries all burdens
- don't need plading req to plead something you might never have to prove - don't
need more detail (McDonnell)
- PF case is evidence before trial is enough to prove case unless theres substantial
contradictory evidence presented in trial
Pleading Rule and Requirements - ANSWER-8(a)(2)
Don't need specific facts to establish case; only short and plain statement of the
claim showing the pleader is entitled to relief
(Sorema)
Heightened Pleading Rule and Standard - ANSWER-9(b)
Fraud or mistake
Must specify each statement and state with particularity
(SNESL -> at pleading stage, although it was about fraud, there is no need to
include evidence/papers showing fraud. those can be ignored/thrown out and the
,case can still continue as long as the pleading is more specific about the potential
fraud)
Who? What? When?
Heightened Pleading under 9c - ANSWER-for statement of mind, specify about
EACH statement
Rule 10 Naming Parties - ANSWER-Title must name all parties ONLY in 1st
complaint; all others do not need to name all parties
Twombly - ANSWER-Plausibility
Bring in only enough facts in pleading to state claim of relief that is plausible on the
face - correlation doesn't show causation
Show causal link
8(a)
Iqbal 2 Step Analysis - ANSWER-For pleadings:
1. Determine which allegations are nonconclusory, remove conclusory ones
2. Is claim plausible on its face when you assume remaining nonconclusory
allegations are true?
Can't go fishing if it's not plausible there's fish in the pond
Conclusory Statements - ANSWER-no backing, provides legal conclusion, naked
assertions
ex. His accusation harmed my reputation
Nonconclusory Statements - ANSWER-offers information for interpretation, gives
more information about the potential issue, no legal conclusions
Ex. I didn't plagiarize, Plagiarism is a very serious charge in academia
Twiqbal - ANSWER-if there's factual insufficiency then must show plausibility
What must be required with rule 12 motion? - ANSWER-12b motion to dismiss BUT
if you choose an answer instead, don't need to include 12b motion
What 12b motions are waivable and why:? - ANSWER-2-5
12h1 shows that if you don't bring them at your first opportunity or you fail to
make it by motion or in an amended pleading, then you can't bring it later
Which 12b motions can you raise durable and under what rule? - ANSWER-12b6
and 12b7 by 12h2 in any pleading, motion, or trial
Wee Care and 12b6 - ANSWER-Use this one when there isn't enough info to make a
claim; failure to state claim to relief that is PLAUSIBLE on its face. Can't make
, naked assertions
Legal insufficiency v. factual insufficiency - ANSWER-Legal: look at law; ex: due
process
Factual: look at Twiqbal; requires plausibility; ex: discrimination
12h - ANSWER-Waive 12b2-5 if not asserted in initial motion because you should
have known these before you (D) chose to answer/move to dismiss
When is the latest you can bring a 12b6? - ANSWER-any time before jury is asked
to deliberate
What is never waived in 12b? - ANSWER-Subject Matter jurisdiction is never waived
under 12h3 because this is personal to the court about the court being able to hear
the case or not
Reqs and Rule for D to file answer - ANSWER-8b/8c
admit/deny allegations
lacking knowledge sufficient acts as denial
respond to every allegation
provide notice of defenses (affirmative defenses brings along a burden and are not
used to deny allegations)
must plead short and plain statement of each defense
Amend and Supplement Pleadings Rule - ANSWER-15
Aquaslide
Look for evidence of bad faith, prejudice, and undue delay that would be sufficient
NOT to grant motion to amend
Relate Back Rule - ANSWER-15c
Worthington
Can relate back to date of original complaint if there is a MISTAKE
Don't have to relate back if it is within the statute of limitations
Doesn't allow relating back when there is lack of knowledge of proper party (can't
substitute parties by new ones when you find out later who the real D is) --> but
can relate back if you made a MISTAKE in misspelling the parties' names
Rule 11 Sanctions - ANSWER-don't apply to discovery but applies to everything else
Safe Harbor Provision - ANSWER-Rule 11 Sanctions
Motion served on offending counsel 21 days before filing it with court -> gives them
opportunity to withdraw offending party to avoid sanctions
Can't make motion to dismiss and impose sanctions in one motion
Only sanction lawyer, not the represented party
When is the latest you can file rule 11 sanctions? - ANSWER-at least 21 days before
conclusion of case or judicial rejection of offending contention
