PS-Civil Procedure

PS-Civil Procedure - Civil Procedure I. Justiciability:...

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Civil Procedure I. Justiciability : whether a case is suitable for resolution by the court 1. Mootness : Issue is of no practical significance. Article III Section II gives power to court not to hear moot cases – moot cases not included in list of what judicial power has authority over. DeFunis v. Odegaard : not necessary for court to hear case because P had already been given admission to law school; status of P won’t be affected by any decision the court might make. Admission procedures were target of litigation and in no way will P ever again be involved in the school’s admissions process. 1. Advisory Opinions : A nonbinding statement by a court of its interpretation of the law on a matter submitted for that purpose. Federal courts are prohibited from issuing advisory opinions by the case-or- controversy requirement of the Constitution. (President cannot ask Supreme Court for advice.) 2. Standing : A party’s right to make a legal claim or seek judicial enforcement of a duty or right. A P must have a sufficient personal stake in the case to justify the court entertaining the claim. Standing Analysis : -Are Article III requirements satisfied? -Are the Prudential Considerations satisfied? (Prudential Considerations: P cannot assert rights of a third party; of abstract questions of wide public significant which amount to generalized grievances; complaint must fall within “zone of interest to be protected or regulated by the statute or constitutional guarantee in question) -If the prudential considerations are not satisfied, are they inapplicable for some reason, like a statute that authorizes standing? POWER v. Thompson : POWER bringing suit on behalf of those that weren’t registered to vote. POWER did not have standing to bring the case because POWER failed to prove an injury. 1
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3. Ripeness : Whether a case presents issues that are ready for adjudication. II. Subject Matter Jurisdiction : Refers to whether the federal judiciary has jurisdiction over the dispute, cannot be waived. Must be pleaded and proved – put in complaint. The absence of SMJ can be raised at any time. Judgments rendered without SMJ are invalid and can be collaterally attacked. A federal court is required on its own motion to consider whether it has SMJ when the litigants have not raised the question. The US Constitution sets out the permissible scope of the judicial power of federal courts in Article III, §2. 1. Diversity : The Constitution gives the federal courts jurisdiction over “controversies … between the citizens of different states.” Determined at the time the suit commences, parties cannot move after this time to gain or defeat jurisdiction. Amount in controversy must be in excess of $75,000; complete diversity is required (no P is a citizen of the same state as any D) See §1332. Strawbridge v. Curtiss
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PS-Civil Procedure - Civil Procedure I. Justiciability:...

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